INTRODUCTION. Please read this Acknowledgment and Assumption of Risks & Release and Indemnity Agreement (this “Agreement”) carefully before signing. This Agreement informs you about your responsibilities and assumption of risks, and includes a release of liability, indemnification and surrender of certain legal rights.
Parent(s) or Legal Guardian(s) (hereafter collectively “Parent(s)”) of any participant under the age of 18 (hereafter sometimes “minor” or “child”) shall sign this Agreement. “I,” “me” or other first person references shall include both the Parent(s) and the minor, unless the context requires otherwise. References to “Participant” include both minor and adult participants.
In consideration of the services of The BETA Fund(“BETA Fund”), its agents, owners, officers, directors, representatives, partners, joint venturers, and all other persons or entities associated with any of the foregoing, (all of the foregoing parties are collectively referred to hereinafter as the “Released Parties”), and in consideration for the opportunity to participate in activities that are sponsored by or involve any of the Released Parties, I, the undersigned Participant, including Parent(s) or Legal Guardian(s) of minor participants, agree as follows:
ACKNOWLEDGMENT AND ASSUMPTION OF RISKS. Engaging in climbing or other activities, at both indoor and outdoor locations, that are sponsored by or involve any of the Released Parties, involve serious risks. These activities vary but can include bouldering (un-roped climbing), climbing, belaying and rappelling and other activities such as hiking. I acknowledge that participating in climbing or such other activities involves risks, including but not limited to risks involving physical activity, decision making, equipment failure or misuse, and such other risks and hazards associated with rock climbing activities. Some risks are inherent in these activities and cannot be eliminated or reduced. A variety of other risks also exist. I understand that wearing a helmet does not eliminate the dangers associated with any activity but that in certain instances a helmet can reduce the risk of permanent injury or death. I understand that BETA Fund recommends that I wear a helmet and that if I choose not to wear a helmet I do so against their advice and at my own risk. These inherent and other risks, hazards and dangers can cause injury, property damage, illness, mental or emotional trauma, paralysis, disability or death to participant or others.
I understand that known, unknown and/or unanticipated risks, hazards and dangers may result in injury, damage, death or other loss. I acknowledge that participating in these activities requires a special degree of skill and knowledge different from other activities and that I have responsibilities as a participant. I have no mental or physical problems or limitations that might compromise or affect my ability to participate in climbing activities.
Climbing is dangerous! In both supervised and unsupervised activities, I acknowledge that all participants are responsible for their own safety. My participation in these activities is purely voluntary, and I choose to participate in spite of and with knowledge of the risks. Therefore, I assume and accept full responsibility for those risks identified here and for those risks not identified, and for injury, damage, death or other loss suffered by me resulting from those risks, my own negligence, and/or the negligence of any one or more of the Released Parties.
RELEASE AND INDEMNITY AGREEMENT. Please read carefully. This section contains a Release and Indemnity Agreement and surrender of certain legal rights. The undersigned agree(s) as follows:
(1)I hereby release, waive, forever discharge, and covenant not to sue the Released Parties,with respect to all losses, damages, expenses, claims, causes of action, or other liabilities (including attorneys’fees and costs), whether known or unknown, arising out of any injury, damage, death or other loss to me or my child in any way connected with my/my child’s enrollment or participation in activities, both indoor and outdoor, that are sponsored by or involve the Released Parties. I hereby waive all claims I may have against the Released Parties, and agree that neither I, nor anyone acting on my behalf, will make a claim or file a lawsuit of any kind against any one or more of the Released Parties, as a result of any injury, damage, death or other loss suffered by me or my child regardless of the negligence of any person, including but not limited to the negligence of any one or more of the Released Parties;
(2) I hereby agree to defend and indemnify (“indemnify” meaning protect by reimbursement or payment) and hold each ofthe Released Parties harmless with respect to all losses, damages, expenses, claims, causes of action, or other liabilities (including attorneys’ fees and costs), whether known or unknown:
(a) Brought by or on behalf of me, my child, or a family member, arising out of any injury, damage, death or other loss to me or my child in any way connected with my/my child’s enrollment or participation in activities that are sponsored by or involve the Released Parties, regardless of the negligence of any person, including but not limited to the negligence of any one or more of the Released Parties; and/or,
(b) Brought by a co-participant or any other person, arising out of any injury, damage, death or other loss claimed to be caused, inwhole or in part, by my/my child’s conduct in the course of participating in activities that are sponsored by or involve the Released Parties, regardless of the negligence of any person, including but not limited to the negligence of any one or more of the Released Parties.
This Release and Indemnity Agreement includes any losses claimed to be caused, in whole or in part, by the negligence of any one or more of the Released Parties and includes, but is not limited to, claims for personal injury, property damage, wrongful death, products liability, breach of contract or otherwise.
MISCELLANEOUS. I authorize any of the Released Parties to obtain or provide medical care for me without liability and to transport me to a medical facility. I authorize medical personnel to render such treatment they deem necessary for my health. I agree that the Released Parties have no responsibility for medical care provided to me and I agree to pay all costs associated with such medical care and transportation.
I authorize BETA Fund to use any photograph, video or other image of me taken at any event sponsored by any of the Released Parties to be used in promotional materials, brochures, websites, television, films or such other uses that they deem appropriate and with no compensation to me.
I affirm that this Agreement supersedes any and all previous oral or written promises or agreements, and I understand that this is the entire agreement between me and BETA Fund and that it cannot be modified or changed by any representation or statement(s) by the Released Parties or any agent or employee thereof. This Agreement may only be amended by a written document duly executed by all parties. Any portion of this Agreement deemed unlawful or unenforceable shall not affect the enforceability of the remaining provisions of this Agreement and the remaining provisions shall continue in full force and effect.
I agree that this Agreement and all other aspects of my relationship with the Released Parties are governed by Missouri state law exclusive of its choice of law provisions. Further, any mediation, arbitration, lawsuit, or other proceeding arising out of or relating to my enrollment or participation in BETA Fund sponsored activities, must be filed or entered into only in the State of Missouri and Missouri state law shall apply. I agree to attempt to settle any dispute (that cannot be settled by discussion) through mediation before a mutually acceptable mediator.
I VOLUNTARILY WAIVE ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN ANY ACTION INVOLVING ANY ONE OR MORE OF THE RELEASED PARTIES.
I have carefully read, understand and voluntarily sign this Agreement and acknowledge that it shall be effective and binding upon myself and my family, my heirs, executors, personal representatives, estate, and my successors and assigns.