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Waiver, Release, and Indemnification Agreement

(Way.co - Gravity Haus Activity)

 

(This document waives your legal rights, read it carefully before signing.)

 

The Activities (as defined below) that are the subject of this Agreement involve the risk of injury or loss, whether the undersigned or someone else causes the injury or loss. Knowing this, you, the undersigned, for yourself and as the parent/guardian for and on behalf of the minor child(ren) identified below (hereinafter “Participant”), voluntarily accept these risks and agree to this Waiver, Release, and Indemnification (“Waiver”).

This Waiver is for the benefit of GRAVITY HAUS, INC. (“GH”) and any of its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, directors, members, managers, representatives, employees, successors and assigns (collectively, with GH, the “Gravity Haus Parties”).  

The “Activities” shall mean any activity booked by or for Participant using the booking platform run by KOUTO INC., DOING BUSINESS AS WAY (way.co) or any affiliates of the foregoing (hereinafter “Way.co”), which may include, without limitation,  hiking, biking, rafting, paddle boarding, kayaking, surfing, camping, traveling in the backcountry, riding a ski lift or using ski area facilities, and any other activities (outdoor or otherwise) in which the Participant is engaged at any property owned or operated by any Gravity Haus Parties or activities sponsored by, organized by, or otherwise facilitated by any Gravity Haus Parties or Way.co. 

In consideration for being permitted to engaged in the Activities, Participant acknowledges and agrees to the following terms and conditions:

Voluntary Assumption of Risk/Dangerous Activities: Participant understands that the Activities are dangerous and involve the risk of serious bodily injury and/or death and/or property damage. Participant fully assumes the risk of injury associated with these activities including, by way of example but not limitation injuries resulting from:

1)     sprains, strains, fractures, and dislocation of bones, muscle, ligaments, and tendons;

2)     physical contact with others engaged in the Activities or their equipment;

3)     slipping, tripping or falling on wet surfaces or uneven terrain;

4)     drowning and death, risk of disease, infection, dehydration, heart attack, edema, thrombosis, and embolism;

5)     injuries resulting from rapidly changing weather and conditions or marked and unmarked obstacles and terrain features;

6)     exceeding the Participant’s physical abilities or appropriate skill level or from the use of drugs, alcohol, or medications while or prior to engaging in the Activities;

7)     the Participant’s action, inaction or negligence or the action, inaction or negligence of the Gravity Haus Parties;

8)     the negligence or lack of training of the Gravity Haus Parties in assisting with medical or other help either before or after injuries have occurred; and

9)     the negligence of any designers, manufacturers, or installers of the facilities or equipment where the Activities occur.

There may be other risks not known to the Gravity Haus Parties or reasonably foreseeable at this time.

Waiver and Release of Claims (including negligence): In consideration for engaging in the Activities and to the fullest extent allowed by applicable law, Participant, on Participant’s behalf and on behalf of Participant’s minor children, and any of Participant’s invitees (and their minor children) who are engaging in the Activities (whether authorized by GH or not) (collectively, the “Participant Parties”) WAIVES, RELEASES, DISCHARGES AND AGREES NOT TO SUE the Gravity Haus Parties from or for any and all liabilities, claims, judgments, orders, awards, losses, expenses, costs, fines, penalties, demands, causes of action, damages or suits at law or equity of whatsoever kind, including but not limited to claims for personal injury, property damage, theft, medical expenses, loss of services, or attorney’s fees (collectively, “Liabilities”), on account of or in any way related to or growing out of, directly or indirectly, (i) Participant’s or any Participant Parties’ engagement in the Activities, or (ii) failure of Participant or any Participant Parties to comply with any applicable federal, state, or local law or regulation (all of the foregoing referred to herein as the “Waived Claims”).

 

THIS WAIVER IS INTENDED TO AND DOES RELEASE THE GRAVITY HAUS PARTIES FROM ANY AND ALL LIABILITY FOR DAMAGES OR INJURIES ON ACCOUNT OF OR IN ANY WAY RELATED TO OR GROWING OUT OF PARTICIPANT’S NEGLIGENCE, THE PARTICIPANT PARTIES’ NEGLIGENCE, THE NEGLIGENCE OF THIRD PARTIES, AND (to the fullest extent permitted by applicable law) ANY GRAVITY HAUS PARTIES’ NEGLIGENCE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE IN THE CONSTRUCTION, MAINTENANCE AND UPKEEP OF ANY FACILITIES, NEGLIGENCE IN TRAINING, NEGLIGENCE IN SUPERVISION, OR VIOLATION OF ANY APPLICABLE SAFE PLACE STATUTE. THIS IS NOT INTENDED TO RELEASE ANY GRAVITY HAUS PARTIES FROM ANY LIABILITY RESULTING FROM THEIR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.

 

Indemnification: Participant further covenants and agrees not to institute any claims or legal action against the Gravity Haus Parties for any Waived Claims released by this Waiver. Participant further agrees that Participant will protect, defend, hold harmless and completely indemnify and reimburse any of the Gravity Haus Parties for any and all Liabilities to the extent they arise directly or indirectly from or in connection with any Waived Claims, including without limitation all attorney’s fees and expenses and any related claims made by any Participant Parties or other third parties.

Personal Property of Participant: Participant acknowledges that no Gravity Haus Parties will be providing to Participant any security services or any other supervision relating to the Activities and that Participant assumes the risk, on Participant’s behalf, and on the behalf of the Participant Parties, with respect to any destruction, damage or theft to any personal property of Participant or the Participant Parties during Participant’s engagement in the Activities or any personal injury which occurs during such use. 

Consent to Medical Treatment; Medical Conditions: Participant hereby authorizes any and all of the Gravity Haus Parties to provide Participant and the Participant Parties, through medical personnel of the Gravity Haus Parties’ choice, customary medical assistance, transportation, and emergency medical services as a result of injury or damage. This consent does not in any way impose a duty upon the Gravity Haus Parties to provide such assistance, transportation, or services. Participant understands that if, for any reason, Participant is or has been under medical supervision, has a medical condition, or if Participant has not exercised regularly in the recent past, that a doctor's approval should be obtained prior to utilizing any fitness equipment, sports gear, recovery facilities or any of the facilities referenced above and Participant understands and agrees that it is Participant’s sole responsibility to obtain a doctor’s approval, and Participant holds the Gravity Haus Parties harmless therefore.

Image Release Participant hereby consents and authorizes GH to use Participant’s likeness in a photograph, video or other digital media (the “Image”) in any and all of GH’s publications, including print or web-based publications. Participant further irrevocably authorizes GH to copy, edit, enhance, crop, exhibit, distribute, publish or otherwise alter any Image for use in GH’s publication. Participant waives any rights for approval or inspection of any Image used in GH’s publications. Participant acknowledges and agrees that all Images are the property of GH. Participant understands this and agrees to hold GH harmless, and hereby releases the Gravity Haus Parties, from any liability or injury of whatever kind resulting from GH using an Image.

Participant’s Review and Consent: Participant has been provided with an opportunity to review the foregoing Waiver and, at Participant’s option, to have this Waiver reviewed by legal counsel of Participant’s choosing. 

Binding Effect/Governing Law/Jurisdiction/Venue: This Agreement is binding on myself, my child(ren), my heirs and next of kin, my personal representative and my estate. This Waiver shall be governed by the laws of the state in which the Activities are occurring. Notwithstanding anything to the contrary herein, any suits, proceedings and other actions relating to, arising out of or in connection with this Agreement shall be submitted to the in personam jurisdiction of the courts of the State of Colorado and venue for all such suits, proceedings and other actions shall be in the City and County of Denver, Colorado. Participant hereby waives any claim against or objection to in personam jurisdiction and venue in the courts of the City and County of Denver, Colorado. The District Court, City and County of Denver, Colorado shall have the sole and exclusive jurisdiction of any suits, proceedings and/or other actions relating to, arising out of or in connection with this Agreement.

 

PARTICIPANT ACKNOWLEDGES THAT NO ORAL REPRESENTATIONS OR STATEMENTS OR INDUCEMENTS HAVE BEEN MADE TO PARTICIPANT THAT CHANGE, ALTER OR MODIFY ANYTHING WITHIN THE WRITTEN AGREEMENT. BY SIGNING BELOW THE UNDERSIGNED REPRESENTS AND WARRANTS THAT THEY HAVE THE AUTHORITY TO SIGN THIS WRITTEN AGREEMENT ON BEHALF OF ALL INDIVIDUALS WHOSE LEGAL RIGHTS THIS AGREEMENT CONTEMPLATES TO WAIVE.  

 

The Participant, intending to be legally bound, has caused this Waiver to be executed on the date referenced below. 

First Participant's Name
First Name*
Last Name*
Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
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.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Last Name*
Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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