WAIVER AND RELEASE OF LIABILITY
FOR ANY INJURY OR DEATH AND ASSUMPTION OF RISKS
Please read this document carefully
This document must be signed by an adult of at least eighteen years of age
The individual named below desires: (a) to use or be granted access to projectROCK (“Facility”) owned or operated by projectROCK Sports Complex, LLC or such other entity or entities which may be owned, directly or indirectly, by projectROCK Sports Complex, LLC; (b) to participate in trips, competitions, camps, climbing courses and /or other types of events (collectively, “Events”) which may take place at the Facility or are otherwise sponsored by or involve projectROCK or projectROCK’s officers, directors, employees, contractors, agents, landlords and property managers (together with projectROCK, collectively, “Released Parties”); and/or (c) to engage in wall climbing, bouldering, other climbing activities, sports, fitness activities, or any of the various other types of activities (collectively, “Activities”) which may take place at the Facility or are otherwise sponsored by or involve projectROCK or any of the other Released Parties. All references to the “Facility” throughout this Waiver and Release of Liability For Any Injury Or Death And Assumption Of Risks (“Release”) includes all rooms, areas, and spaces in the interior of the Facility, the exterior of the Facility, and the parking lot of the Facility. For purposes of this Release only, I agree that the “Events” and “Activities” span from the time that I leave my residence prior to each particular Event or Activity to the time that I return to my residence after the conclusion of that Event or Activity, as the case may be.
In consideration for projectROCK permitting me to use the Facilities to participate in the Events and/or to engage in the Activities, I have agreed to execute this Release.
A. I WAIVE AND RELEASE projectROCK FROM MY DEATH AND ANY INJURY, LOSS, DAMAGE, EXPENSE, ACTION, CLAIM, AND LIABILITY ARISING OUT OF ANY USE OF THE FACILITY, THE PARTICIPATION IN ANY OF THE EVENTS, OR THE ENGAGEMENT IN ANY OF THE ACTIVITIES:
I agree to release and discharge projectROCK and the other Released Parties from my death and from and against any and all past, present, or future injuries, losses, damages, expenses, property damage, social losses, economic losses, actions, claims, and liabilities, whether known or unknown, anticipated or unanticipated, suspected or unsuspected, relating to or arising from: (i) the use of the Facility; (ii) the participation in Events sponsored by or involving the Facility, projectROCK or any of the other Released Parties; (iii) the engagement in the Activities sponsored by or involving the Facility, projectROCK or any of the other Released Parties; (iv) the interaction with any of the Released Parties; or (v) the placement in the care, custody or control of any of the Released Parties. This Release is intended to release and discharge the Released Parties from any and all losses, damages, expenses, actions, claims, and liabilities of any nature whatsoever, such as losses, damages, expenses, actions, claims and liabilities arising from or related to the negligence of, or the breach of any duties which may be owed by, the Released Parties. I understand that this Release prohibits me from filing any lawsuit against any of the Released Parties for any of the reasons identified in this paragraph, now or in the future, and from recovering any losses, damages or expenses against any of the Released Parties.
I agree
B. I ASSUME THE RISK OF INJURIES OR DEATH ASSOCIATED WITH THE USE OF THE FACILITY, THE PARTICIPATION IN ANY OF THE EVENTS, OR THE ENGAGEMENT IN ANY OF THE ACTIVITIES:
In addition to my waiver and release of the Released Parties from any loss, damage, expense, action, claim, liability, injury or death, I understand that there are significant elements of risk associated with participation in the Events and engagement in the Activities that may be sponsored by or otherwise involve the Facility, projectROCK or any of the other Released Parties. Certain risks cannot be eliminated without destroying the unique character of the Events or the Activities. The same elements that contribute to the unique character of the Events and the Activities can be causes of accidental injury, illness, or in extreme cases, permanent disability, trauma or death. I acknowledge that using the Facility, participating in the Events and engaging in the Activities sponsored by or involving the Facility, projectROCK or any of the other Released Parties involves certain risks, inherent or otherwise, including the risk of death or serious personal injury, regardless of whether I follow the projectROCK safety instructions or recommendations, such as those pertaining to Facility rules and regulations, climbing, bouldering, instructional programs, or involving my choice of equipment to use or whether or not to wear a helmet or any other safety device. I agree to assume all such risks, as well as any other risks involved in using the Facility, participating in Events, and/or engaging in the Activities sponsored by or involving projectROCK or any of the other Released Parties.
I agree
C. I AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE RELEASED PARTIES:
I further agree to indemnify, hold harmless and defend the Released Parties from and against any and all loss, damage, liability, claim and expense, including costs and attorneys’ fees, incurred by any of the Released Parties as a result of my using the Facility, participating in Events, and/or engaging in Activities sponsored by or involving projectROCK or any of the other Released Parties, including any loss, damage, liability, claim and expense arising out of projectROCK’s own negligence. I understand that this Section means that I will have to reimburse projectROCK for any losses, damages, liabilities, claims, costs, attorneys’ fees or expenses sustained by projectROCK as a result of my using the Facility, participating in Events, and/or engaging in Activities sponsored by or involving projectROCK or any of the other Released Parties.
I agree
D. I WAIVE MY RIGHT TO A JURY TRIAL AND CONSENT TO CHOICE OF LAW, ETC.:
I SPECIFICALLY WAIVE (AND projectROCK, BY ITS ACCEPTANCE HEREOF WAIVES) THE RIGHT TO A TRIAL BY JURY IN ANY ACTION BROUGHT BY OR AGAINST projectROCK OR ANY OF THE OTHER RELEASED PARTIES.
The laws of the State of South Carolina shall govern the rights and obligations of the parties to this Release and the interpretation, construction and enforceability of this Release. If any dispute shall arise between me and either projectROCK or any of the other Released Parties, I agree that any lawsuit brought by or on behalf of me against any Released Parties shall be brought solely in a federal or state court located in the state where the Facility is located or where an Event or Activity took place. This Release shall be effective upon my execution hereof and shall continue in force, unless sooner terminated pursuant to a written notice, for so long as I or (if applicable) my child or such other below- named “Participant” use a Facility, participate in an Event, and/or engage in an Activity sponsored by or involving projectROCK or any of the other Released Parties.
I agree
E. I PERMIT THE USE OF MY LIKENESS:
I acknowledge and agree that projectROCK reserves the right to use any photograph taken at the Facility, during Events, or in connection with any of the Activities involving projectROCK or any of the other Released Parties in connection with projectROCK’s promotional materials, brochures and website.
I agree
I HAVE READ AND I UNDERSTAND THE FOREGOING ACKNOWLEDGEMENT OF RISK, ASSUMPTION OF RISK AND RESPONSIBILITY, AND RELEASE OF LIABILITY FOR ANY INJURY OR DEATH. I UNDERSTAND THAT BY SIGNING THIS FORM I MAY BE WAIVING VALUABLE LEGAL RIGHTS.
THIS RELEASE IS A BINDING LEGAL CONTRACT.
PLEASE READ IT CAREFULLY BEFORE SIGNING.
PLEASE PRINT LEGIBLY
Today's Date:
|
Participant's Name:
|
Participant's Date of Birth:
|
|
Minor Participant's Name:
<CHILDFIRSTNAME> <CHILDLASTNAME>
Minor Participant's Name:
<CHILDFIRSTNAME> <CHILDLASTNAME>
Minor Participant's Name:
<CHILDFIRSTNAME> <CHILDLASTNAME>
Minor Participant's Name:
<CHILDFIRSTNAME> <CHILDLASTNAME>
Minor Participant's Name:
<CHILDFIRSTNAME> <CHILDLASTNAME>
Minor Participant's Name:
<CHILDFIRSTNAME> <CHILDLASTNAME>
Minor Participant's Name:
<CHILDFIRSTNAME> <CHILDLASTNAME>
Minor Participant's Name:
<CHILDFIRSTNAME> <CHILDLASTNAME>
Minor Participant's Name:
<CHILDFIRSTNAME> <CHILDLASTNAME>
Minor Participant's Name:
<CHILDFIRSTNAME> <CHILDLASTNAME>
|
Minor Participant's Date of Birth:
<CHILDBIRTHDAY>
Minor Participant's Date of Birth:
<CHILDBIRTHDAY>
Minor Participant's Date of Birth:
<CHILDBIRTHDAY>
Minor Participant's Date of Birth:
<CHILDBIRTHDAY>
Minor Participant's Date of Birth:
<CHILDBIRTHDAY>
Minor Participant's Date of Birth:
<CHILDBIRTHDAY>
Minor Participant's Date of Birth:
<CHILDBIRTHDAY>
Minor Participant's Date of Birth:
<CHILDBIRTHDAY>
Minor Participant's Date of Birth:
<CHILDBIRTHDAY>
Minor Participant's Date of Birth:
<CHILDBIRTHDAY>
|
Street Address:
|
City:
|
State:
|
Zip Code:
|
Email Address:
|
HomeTelephone #:
|
WorkTelephone #:
|
Cell Telephone #:
|
Signature of Participant:
TO BE SIGNED IF PARTICIPANT IS A MINOR
I represent that I am the parent or legal guardian of the above individual (“Participant”) and I hereby consent to the Participant using the Facility, participating in Events and/or engaging in Activities sponsored by or involving projectROCK or any of the other Released Parties. In consideration for projectROCK allowing the Participant to use the Facility, participate in Events and/or engage in Activities, I agree, personally and on behalf of the Participant, to be bound by the terms and conditions of this Release. I further agree to indemnify, hold harmless and defend all of the Released Parties from and against any loss, damage, liability, claim, and expenses, including costs and attorney’s fees, incurred by any of the Released Parties as a result of the Participant using the Facility, participating in Events, or engaging in Activities sponsored by or involving projectROCK or any of the other Released Parties.
THIS RELEASE IS A BINDING LEGAL CONTRACT.
PLEASE READ IT CAREFULLY BEFORE SIGNING.
PLEASE PRINT LEGIBLY
Signature of Parent or Court-Appointed Legal Guardian:
TO BE SIGNED IF PARTICIPANT IS A MINOR
I represent that I am the parent or legal guardian of the above individual (“Participant”) and I hereby consent to the Participant using the Facility, participating in Events and/or engaging in Activities sponsored by or involving projectROCK or any of the other Released Parties. In consideration for projectROCK allowing the Participant to use the Facility, participate in Events and/or engage in Activities, I agree, personally and on behalf of the Participant, to be bound by the terms and conditions of this Release. I further agree to indemnify, hold harmless and defend all of the Released Parties from and against any loss, damage, liability, claim, and expenses, including costs and attorney’s fees, incurred by any of the Released Parties as a result of the Participant using the Facility, participating in Events, or engaging in Activities sponsored by or involving projectROCK or any of the other Released Parties.
THIS RELEASE IS A BINDING LEGAL CONTRACT.
PLEASE READ IT CAREFULLY BEFORE SIGNING.
PLEASE PRINT LEGIBLY
Signature of Parent or Court-Appointed Legal Guardian:
TO BE SIGNED IF PARTICIPANT IS A MINOR
I represent that I am the parent or legal guardian of the above individual (“Participant”) and I hereby consent to the Participant using the Facility, participating in Events and/or engaging in Activities sponsored by or involving projectROCK or any of the other Released Parties. In consideration for projectROCK allowing the Participant to use the Facility, participate in Events and/or engage in Activities, I agree, personally and on behalf of the Participant, to be bound by the terms and conditions of this Release. I further agree to indemnify, hold harmless and defend all of the Released Parties from and against any loss, damage, liability, claim, and expenses, including costs and attorney’s fees, incurred by any of the Released Parties as a result of the Participant using the Facility, participating in Events, or engaging in Activities sponsored by or involving projectROCK or any of the other Released Parties.
THIS RELEASE IS A BINDING LEGAL CONTRACT.
PLEASE READ IT CAREFULLY BEFORE SIGNING.
PLEASE PRINT LEGIBLY
Signature of Parent or Court-Appointed Legal Guardian:
TO BE SIGNED IF PARTICIPANT IS A MINOR
I represent that I am the parent or legal guardian of the above individual (“Participant”) and I hereby consent to the Participant using the Facility, participating in Events and/or engaging in Activities sponsored by or involving projectROCK or any of the other Released Parties. In consideration for projectROCK allowing the Participant to use the Facility, participate in Events and/or engage in Activities, I agree, personally and on behalf of the Participant, to be bound by the terms and conditions of this Release. I further agree to indemnify, hold harmless and defend all of the Released Parties from and against any loss, damage, liability, claim, and expenses, including costs and attorney’s fees, incurred by any of the Released Parties as a result of the Participant using the Facility, participating in Events, or engaging in Activities sponsored by or involving projectROCK or any of the other Released Parties.
THIS RELEASE IS A BINDING LEGAL CONTRACT.
PLEASE READ IT CAREFULLY BEFORE SIGNING.
PLEASE PRINT LEGIBLY
Signature of Parent or Court-Appointed Legal Guardian:
TO BE SIGNED IF PARTICIPANT IS A MINOR
I represent that I am the parent or legal guardian of the above individual (“Participant”) and I hereby consent to the Participant using the Facility, participating in Events and/or engaging in Activities sponsored by or involving projectROCK or any of the other Released Parties. In consideration for projectROCK allowing the Participant to use the Facility, participate in Events and/or engage in Activities, I agree, personally and on behalf of the Participant, to be bound by the terms and conditions of this Release. I further agree to indemnify, hold harmless and defend all of the Released Parties from and against any loss, damage, liability, claim, and expenses, including costs and attorney’s fees, incurred by any of the Released Parties as a result of the Participant using the Facility, participating in Events, or engaging in Activities sponsored by or involving projectROCK or any of the other Released Parties.
THIS RELEASE IS A BINDING LEGAL CONTRACT.
PLEASE READ IT CAREFULLY BEFORE SIGNING.
PLEASE PRINT LEGIBLY
Signature of Parent or Court-Appointed Legal Guardian:
TO BE SIGNED IF PARTICIPANT IS A MINOR
I represent that I am the parent or legal guardian of the above individual (“Participant”) and I hereby consent to the Participant using the Facility, participating in Events and/or engaging in Activities sponsored by or involving projectROCK or any of the other Released Parties. In consideration for projectROCK allowing the Participant to use the Facility, participate in Events and/or engage in Activities, I agree, personally and on behalf of the Participant, to be bound by the terms and conditions of this Release. I further agree to indemnify, hold harmless and defend all of the Released Parties from and against any loss, damage, liability, claim, and expenses, including costs and attorney’s fees, incurred by any of the Released Parties as a result of the Participant using the Facility, participating in Events, or engaging in Activities sponsored by or involving projectROCK or any of the other Released Parties.
THIS RELEASE IS A BINDING LEGAL CONTRACT.
PLEASE READ IT CAREFULLY BEFORE SIGNING.
PLEASE PRINT LEGIBLY
Signature of Parent or Court-Appointed Legal Guardian:
TO BE SIGNED IF PARTICIPANT IS A MINOR
I represent that I am the parent or legal guardian of the above individual (“Participant”) and I hereby consent to the Participant using the Facility, participating in Events and/or engaging in Activities sponsored by or involving projectROCK or any of the other Released Parties. In consideration for projectROCK allowing the Participant to use the Facility, participate in Events and/or engage in Activities, I agree, personally and on behalf of the Participant, to be bound by the terms and conditions of this Release. I further agree to indemnify, hold harmless and defend all of the Released Parties from and against any loss, damage, liability, claim, and expenses, including costs and attorney’s fees, incurred by any of the Released Parties as a result of the Participant using the Facility, participating in Events, or engaging in Activities sponsored by or involving projectROCK or any of the other Released Parties.
THIS RELEASE IS A BINDING LEGAL CONTRACT.
PLEASE READ IT CAREFULLY BEFORE SIGNING.
PLEASE PRINT LEGIBLY
Signature of Parent or Court-Appointed Legal Guardian:
TO BE SIGNED IF PARTICIPANT IS A MINOR
I represent that I am the parent or legal guardian of the above individual (“Participant”) and I hereby consent to the Participant using the Facility, participating in Events and/or engaging in Activities sponsored by or involving projectROCK or any of the other Released Parties. In consideration for projectROCK allowing the Participant to use the Facility, participate in Events and/or engage in Activities, I agree, personally and on behalf of the Participant, to be bound by the terms and conditions of this Release. I further agree to indemnify, hold harmless and defend all of the Released Parties from and against any loss, damage, liability, claim, and expenses, including costs and attorney’s fees, incurred by any of the Released Parties as a result of the Participant using the Facility, participating in Events, or engaging in Activities sponsored by or involving projectROCK or any of the other Released Parties.
THIS RELEASE IS A BINDING LEGAL CONTRACT.
PLEASE READ IT CAREFULLY BEFORE SIGNING.
PLEASE PRINT LEGIBLY
Signature of Parent or Court-Appointed Legal Guardian:
TO BE SIGNED IF PARTICIPANT IS A MINOR
I represent that I am the parent or legal guardian of the above individual (“Participant”) and I hereby consent to the Participant using the Facility, participating in Events and/or engaging in Activities sponsored by or involving projectROCK or any of the other Released Parties. In consideration for projectROCK allowing the Participant to use the Facility, participate in Events and/or engage in Activities, I agree, personally and on behalf of the Participant, to be bound by the terms and conditions of this Release. I further agree to indemnify, hold harmless and defend all of the Released Parties from and against any loss, damage, liability, claim, and expenses, including costs and attorney’s fees, incurred by any of the Released Parties as a result of the Participant using the Facility, participating in Events, or engaging in Activities sponsored by or involving projectROCK or any of the other Released Parties.
THIS RELEASE IS A BINDING LEGAL CONTRACT.
PLEASE READ IT CAREFULLY BEFORE SIGNING.
PLEASE PRINT LEGIBLY
Signature of Parent or Court-Appointed Legal Guardian:
TO BE SIGNED IF PARTICIPANT IS A MINOR
I represent that I am the parent or legal guardian of the above individual (“Participant”) and I hereby consent to the Participant using the Facility, participating in Events and/or engaging in Activities sponsored by or involving projectROCK or any of the other Released Parties. In consideration for projectROCK allowing the Participant to use the Facility, participate in Events and/or engage in Activities, I agree, personally and on behalf of the Participant, to be bound by the terms and conditions of this Release. I further agree to indemnify, hold harmless and defend all of the Released Parties from and against any loss, damage, liability, claim, and expenses, including costs and attorney’s fees, incurred by any of the Released Parties as a result of the Participant using the Facility, participating in Events, or engaging in Activities sponsored by or involving projectROCK or any of the other Released Parties.
THIS RELEASE IS A BINDING LEGAL CONTRACT.
PLEASE READ IT CAREFULLY BEFORE SIGNING.
PLEASE PRINT LEGIBLY
Signature of Parent or Court-Appointed Legal Guardian: