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ACKNOWLEDGEMENT OF RESPONSIBILITY,

EXPRESS ASSUMPTION OF RISK, WAIVER OF LIABILITY AND

HOLD HARMLESS AGREEMENT FOR TRAILBLAZERS

ROCK CLIMBING AND OTHER OUTDOOR ACTIVITIES

ON PROPERTY OWNED, MANAGED, LEASED AND/OR LICENSED BY BENTONVILLE/BELLA VISTA TRAILBLAZER’S ASSOCIATION, INC.

 

 

NOTICE: THIS ACKNOWLEDGEMENT, WAIVER & RELEASE FROM LIABILITY AGREEMENTIS A LEGALLY BINDING CONTRACT. BY SIGNING THIS DOCUMENT, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THE TERMS AND CONDITIONS STATED HEREIN AS WELL AS THE RULES OF THE CLIMBING AREA. YOU HEREBY ACKNOWLEDGE THE INHERENT EXTREME RISKS IN ROCK CLIMBING AND OTHER OUTDOOR ACTIVITIES INCLUDING INJURY, DISABILITY AND DEATH. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING YOUR RIGHTS TO BRING A COURT ACTION AND RELEASING YOUR RIGHTS TO RECOVER COMPENSTION OR OBTAIN ANY OTHER REMEDY FOR FORSEEN OR UNFORSEEN INJURY TO YOURSELF, YOUR MINOR CHILDREN AND/OR DAMAGE TO YOUR PROPERTY.

 

 

In consideration of my being permitted by Bentonville/Bella Vista Trailblazer’s Association, Inc. (“Trailblazers”) to enter, access or be present on property owned, managed, leased and/or licensed by Trailblazers; to use Trailblazer’s rock-climbing areas; and/or to participate in any rock-climbing, other sport or recreational program, activities or special events offered by Trailblazers, I acknowledge and agree to the following:

 

I acknowledge that there are numerous risks of injury associated with participating in or being a spectator of rock climbing, climbing on natural or artificial surfaces, bouldering, belaying, rappelling, hiking, mountain biking, bicycling, camping and all other outdoor recreational or sporting activities (hereinafter collectively known as “Outdoor Activities”), including, but not limited to: falls; fractures; concussions; loss of control; collisions with others as well as collisions with natural and man-made objects; rope entanglement; limited or delayed rescue, medical care, evacuation or emergency activities; dropped items and falling rocks; equipment failures; improperly placed or faulty climbing protection; contact with poisonous or dangerous plants, insects or animals; communicable diseases; exposure to allergens; my own negligence or the negligence of others; illness; overexertion; exceeding personal physical and mental limits; diminished reaction time; inability to follow or give directions; inattention; poor decision making; and/or failure to follow proper and customary personal safety procedures and/or the Rules of any property owned, managed, leased and/or licensed by Trailblazers.

 

I further acknowledge that the above list of injuries, dangers, hazards, and risks are described by way of example only, and are not exhaustive or meant to be inclusive of all possible risks associated with my presence on property owned, managed, leased and/or licensed by Trailblazers. As a consequence of the known and unknown risks associated with the Outdoor Activities that may or may not be listed here, I may be seriously injured, disabled, paralyzed, or even die from the resulting injuries, and that my property may also be damaged.

 

I further acknowledge that the above list of injuries, dangers, hazards, and risks are not limited to the Outdoor Activities described but may also occur while walking or hiking on any of the trails or walking, biking, or driving on any of the roads; and/or making any use of property owned, managed, leased and/or licensed by Trailblazers.

 

 

I acknowledge that the roads, hiking trails biking trails, bridges, bolts, bolt hangers, fixed anchor routes are NOT MAINTAINED by the Trailblazers. I further acknowledge and agree that there are hidden or obvious, natural, or unnatural, DANGEROUS conditions on property owned, managed, leased and/or licensed by Trailblazers and that Trailblazers has NO DUTY TO INFORM ME OF THESE CONDITIONS.

 

HELMETS: I further acknowledge on behalf of myself and on behalf of any minor children for which I am responsible that wearing a UIAA approved helmet may help prevent head injuries. I acknowledge that by not wearing a safety helmet, I/we refuse this safety precaution.

 

ASSUMPTION OF THESE RISKS: I hereby freely assume the inherent risks as well as other risks not listed that are part of the outdoor activities with full knowledge and appreciation of the dangers and risks involved.

 

RELEASE OF LIABILITY: In consideration of my being allowed to enter upon property owned, managed, leased and/or licensed by Trailblazers, and in recognition of the inherent risks of any recreational or sporting activity, I and/or on behalf of any minor children for which I am responsible, knowingly and intentionally agree on behalf of myself, my/our heirs, representatives, successors, executors, administrators, assigns, and anyone claiming interest through me, or on my behalf hereby KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY, RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS AND AGREE NOT TO SUE the Bentonville/Bella Vista Trailblazer’s Association Inc. and their officers, board of directors, members, agents, volunteers, employees, assigns, all persons or entities with a property interest, vested or unvested in property owned, managed, leased and/or licensed by Trailblazers, all persons who have established rock climbing routes, hiking trails, mountain biking trails, and any other users (collectively referred to as “Released Parties”), from any and all actions, suits, claims, damages, and liability (INCLUDING ATTORNEY’S FEES OR COSTS) or demands, obligations and/or causes of action of any nature whatsoever which I/we or, my/our heirs, representatives, successors, executors, administrators, assigns, and anyone claiming interest through me may have against Trailblazers, its officers, board of directors, members, agents, volunteers, employees assigns and all other Released Parties on account of any personal injury, property damage, death or accident of any kind arising out of or in any way connected with my entrance, access or use of property owned, managed, leased and/or licensed by Trailblazers, whether or not my/our entrance is supervised or unsupervised and I/we agree to indemnify and hold harmless the persons or entities mentioned in this paragraph from any and all liabilities or claims made by other individuals or entities as a result of my/our actions. This release shall be effective even though said loss, damage, injury, paralysis, loss, or death results or has resulted from the negligence, wrongful acts, omissions, breach of warranty or strict tort liability of the Trailblazers or the other Released Parties.

 

Trailblazers EVENTS: IN CONSIDERATION FOR MY BEING ALLOWED TO PARTICIPATE IN Trailblazers EVENTS, I, on behalf of myself, my family, heirs, successors, assigns, and anyone claiming any interest through me, hereby KNOWINGLY, INTENTIONALLY AND VOLUNTARILY WAIVE, RELEASE, INDEMNIFY AND AGREE TO HOLD HARMLESS, Trailblazers, and all officers, board members, directors, employees, volunteers, agents, successors, assigns, representatives, of: Trailblazers, all Landowners or Land Management Agencies on which the event takes place, and all organizers, co-hosts, and event sponsors (collectively referred to as the "Released Parties") FROM ANY AND ALL ACTIONS, SUITS, CLAIMS, DAMAGES, AND LIABILITY (INCLUDING ATTORNEY FEES AND COSTS), THAT I, my family, heirs, successors, assigns, and anyone claiming any interest through me, MAY HAVE FOR ANY DAMAGE, INJURY, PARALYSIS, LOSS, OR DEATH TO MYSELF OR ANY OTHER PERSON OR PROPERTY ARISING OUT OF MY PARTICIPATION IN THIS EVENT, whether such damage, injury , paralysis, loss, or death results from NEGLIGENCE of any of the Released Parties or from some other cause.

 

I further certify, acknowledge, and agree on behalf of myself and/or any minor children for which I am responsible that:

I am (we are) in good health and physically and mentally capable of participating in the activity;

I/we assume responsibility for and voluntarily assume the risks for any personal injury, death and related expenses involved with this activity;

I/we assume responsibility for damage to my/our personal property;

I/we assume the risks for accidents or injury caused by the negligence of my/our belayer or spotter; and

 

Should Trailblazers or anyone acting on its behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all fees and costs. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage to myself.

 

IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Wavier of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.

  

 

RULES OF FITZGERALD CLIMBING AREA & 8th STREET CLIMBING BOULDER


The following are the Rules of FITZGERALD CLIMBING AREA & 8th STREET BOULDER. These Rules are not all inclusive, and the user of FITZGERALD CLIMBING AREA, 8th STREET BOULDER and/or any other property owned and/or leased/licensed by Trailblazers recognizes that they have responsibility to conduct themselves and any and all persons under their control or supervision, including minor children, in a proper, courteous, and safe manner during all times they are FITZGERALD CLIMBING AREA,  8th STREET BOULDER and/or any other property owned and/or leased/licensed by Trailblazers.

 

Climbing and mountain biking are dangerous activities and should always be taken seriously. Trailblazers assumes no liability for your safety and personal property while visiting FITZGERALD CLIMBING AREA & 8th STREET BOULDER. You climb, bike, and recreate on FITZGERALD CLIMBING AREA & 8th STREET BOULDER at your own risk.

 

Before climbing, mountain biking, or otherwise recreating at the FITZGERALD CLIMBING AREA & 8th STREET BOULDER you must read, initial, and sign a liability waiver. These are available at kiosks. Rules and guidelines for the Area are as follows:

  • You are entering Trailblazers Private Property
  • Every attendee must fill out a liability waiver (No exceptions)
  • If you cannot fill out electronically, a Physical waiver will need to be signed and on you during attendance
  • (Refusal of waiver equals trespassing and prosecution)
  • Practice “Leave No Trace” principles
  • No open flames/fires
  • Remove all refuse and bury human waste
  • All pets must remain leashed under the control of owners
  • No speakers/glass/illegal substances on the property
  • Stay on the trail, respect the surroundings
  • No overnight activities including camping
  • Guides and Businesses must have approval from Trailblazers
  • Events must have approval from the Trailblazers

 

I certify that I have carefully read, understood, and agreed on behalf of myself and/or on behalf of any minor children for whom I am responsible to the above Rules of FITZGERALD CLIMBING AREA & 8th STREET BOULDER.

 


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Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


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