RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK,
AND INDEMNITY AGREEMENT (“Agreement”) In consideration of being permitted to be present at, attend, observe, and participate in activities at the facilities of, or provided by, Climb Moab LLC (the "Activities") I, for myself for and for my child(ren) (collectively referred to herein as “me” “I” or “my”), personal representatives, assigns and heirs:
1. Acknowledge, agree, and represent that I understand the nature of the Activities and that I am qualified, in good health, and in proper physical condition to participate in them. If I am unsure of whether any health, physical, or other condition may impact my ability to present at, attend, observe, or participate in the Activities, I will first consult a physician or other medical professional to assess my ability to participate in the Activities. I further agree and warrant that if at any time I believe conditions to be unsafe, or if at any time my health suffers, I will immediately discontinue participation, and leave if appropriate.
2. Authorize Climb Moab LLC, its respective owners, investors, members, managers, shareholders, agents, directors, officers, volunteers, employees, landowners, subsidiaries, and affiliated companies (collectively, "Releasees") and medical care provider(s) to carry out any emergency medical transport or medical care for me, as may be necessary in their sole discretion, and agree to be fully responsible for any costs associated with such transport and care. I acknowledge and agree that I will not hold the Releasees liable or responsible to me for any mistakes, errors, misconduct, malpractice, misfeasance, nonperformance, or nonfeasance of any emergency medical transport or medical care providers that do not work for Climb Moab LLC.
3. Understand that it is my responsibility to comply with all rules and procedures, whether written or oral, provided now or in the future, including safety and hygiene procedures and protocols intended to lessen the likelihood of the spread of disease among participants and staff. I further understand that it is my responsibility to comply with all laws and other requirements imposed by federal, state, and local authorities, including the Moab Business Park.
4. Understand that Climb Moab LLC may require that I complete instructional training or tests for any given Activity, however, Releasees shall have no duty to monitor my performance of the activity.
5. Understand that I am responsible for reviewing and following the manufacturer’s instructions for my equipment, assessing the condition and safety of such equipment prior to each use, and in no way will Releasees be liable for any damages caused to me or anyone else for my failure to do so.
6. UNDERSTAND THAT THE ACTIVITIES INVOLVE INHERENT AND OTHER RISKS AND DANGERS, including but not limited to falling or loss of balance; striking padded or unpadded surfaces; being injured by equipment; being injured by the actions or inactions of other participants and bystanders; collisions with other participants; falls due to slick or uneven surfaces; equipment failures of any kind including spinning or loose holds; equipment misuse by myself or others; potential exposure to communicable disease (including but not limited to coronavirus/COVID-19, other viruses, bacteria, and all other infectious pathogens and disease vectors); physical injury or illness as a result of physical activity or being on the premises where the Activities take place; and psychological risks including fear, overconfidence, and other psychological factors that can lead to lapses in judgment and safety, which risks may result in SERIOUS INJURY, ILLNESS, EMOTIONAL DISTRESS, AND DEATH (collectively, "Risks"). I understand that the Risks may be caused or contributed to by my own actions or inactions, the actions or inactions of other participants, bystanders or staff, the conditions and settings in which the Activities take place, or the alleged or actual NEGLIGENCE of the Releasees. I understand that the description and list of Risks in this Agreement is not complete, and that I will encounter Risks not described herein, known and unknown, inherent and otherwise, in connection with the Activities. With a full understanding of the foregoing, I VOLUNTARILY AGREE TO ASSUME ALL INHERENT AND OTHER RISKS OF INJURY, ILLNESS, EMOTIONAL DISTRESS, AND DEATH AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of, or in connection with, the Activities.
7. RELEASE, DISCHARGE, HOLD HARMLESS, AND AGREE NEVER TO SUE RELEASEES FOR ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ARISING FROM OR RELATED TO ACTIVITIES, INCLUDING INJURY, ILLNESS, EMOTIONAL DISTRESS, OR DEATH CAUSED IN WHOLE OR IN PART BY THE ALLEGED OR ACTUAL NEGLIGENCE OF THE RELEASEES. I further agree that if, despite this Agreement, I or anyone acting on my behalf makes a claim against any of the Releasees, I will DEFEND, INDEMNIFY, AND HOLD HARMLESS each of the Releasees from any attorneys’ fees, losses, liability, damage, or expenses which Releasees may incur as the result of such claim.
8. Acknowledge, recognize, and agree that Climb Moab LLC may use for any lawful purpose, including in any advertisement or marketing materials, my name, title, picture, portrait, photograph, video recording, audio recording, or any other media taken on the premises, during events, or in connection with any of the Activities involving Climb Moab LLC. I hereby expressly consent and agree to Climb Moab LLC’s use or publication of my likeness, including any picture, portrait, photograph, video recording, audio recording, or any other media recording taken on the premises of Climb Moab LLC for any lawful purpose, including in any advertising or marketing materials, without compensation, payment, or financial obligation. I hereby recognize and state that I understand that such use or publication of my likeness may result in the impression that I have endorsed the Activities, products, or services of Climb Moab LLC. By signing this acknowledgement and consent, I agree that I will not bring a claim or lawsuit against Releasees for a violation of Utah Code §§45-3-3 or 45-3-4 or any other statute, law, or regulation regarding the use or publication of my name, image, or likeness.
9. Authorize Releasees to share my name and membership status with business partners and affiliates for the purpose of membership benefits.
10. Understand that I am responsible for any children (or other minors) I bring to the premises or events.
11. Understand that this Agreement will apply every time I am on the premises or participate in the Activities. I agree that this Agreement is a contract which will be enforced to the fullest extent allowed by law and will be binding on me, my assignees, subrogors, heirs, assigns, executors, and personal representatives. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be enforceable.
Orientation I certify that I will watch the orientation video, confirm that I watched it to a staff member, and ask any questions that I may have prior to participating in any Activities.If the participant is a minor, and this agreement is signed by a parent or legal guardian, I as the parent or legal guardian understand that it is my responsibility to review the video and orientation materials and provide the information therein to my child. I HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND AND AGREE TO BE BOUND BY ITS TERMS. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE.
MINOR RELEASE By signing on behalf of a minor child participant, I represent that I am that minor child’s parent or legal guardian, that I am authorized to sign this Agreement on the minor child’s behalf, and agree that I will defend, indemnify, and hold harmless Releasees against any claims arising from the minor participant’s presence at Climb Moab or participation in the Activities. I acknowledge that the minor participant is bound by all the terms of this Agreement, and understand that the minor participant would not be permitted to be at Climb Moab or take part in the Activities unless I agree to all terms of this Agreement.
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