WaiverNovember 12, 2019 2021-01-29 13:31
All participants are required to agree and sign to these terms and waiver of rights before participating in ANY activity with Denver Climbing Company. You will be provided this waiver in a readable format and given time to read, and sign, confirming your agreement to this document upon arrival.
Denver Climbing Company
RELEASE AND WAIVER OF RIGHTS
PLEASE READ CAREFULLY BEFORE SIGNING.
THIS IS A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS.
- In consideration of being able to participate in Denver Climbing Company (as defined below)’s activities (as defined below), I agree to release and hold harmless Denver Climbing Company, LLC, and all of its affiliated organizations and companies, each of their respective insurance carriers, guides, contractors, agents, employees, volunteers, representatives, assignees, members, managers, officers, directors, shareholders, and any landowners and government agencies on whose land the activities occur (collectively referred to in this Release as “Denver Climbing Company”) for any and all liability and/or claims for injury or death or damage to property arising in any way from any activity run by, sponsored by, or involving the Denver Climbing Company. Reference to activity or activities in this Release include, but are not limited to, rock climbing, rappelling, bouldering, hiking, downclimbing, guiding, instruction, transportation, events, and all other activities run by, sponsored by, or involving the Denver Climbing Company.
- I agree to not sue or bring any claim against Denver Climbing Company on any basis, including but not limited to, claims of negligence, negligence per se, premises liability, wrongful death, or breach of warranty. I understand that this Release includes a release of all claims even if they involve statutory violations or the negligent action or inactions of Denver Climbing Company.
- I acknowledge that any activities with the Denver Climbing Company involve both known and unknown risks, which may involve the risk of physical injury or death. The known risks include, but are not limited to: Falls and falling; falling objects; impacts; equipment failure, equipment malfunction, improper equipment securement/knots, and/or improper equipment usage (including but not limited to harnesses, ropes, belay devices, carabiners, webbing, cords, quick draws, protection, chains, bolts, anchors, shoes, packs, helmets and other equipment); improper or failed belaying; improper or failed anchor construction; slipping or tripping; animals; impacts; collisions; rockfalls; adverse weather conditions; conditions of rock, trails, waterways, roads, equipment and terrain; natural and manmade hazards; uneven and/or slippery surfaces; limited access to and/or delay of medical attention; strenuous activities; fatigue; exhaustion; dehydration; hypothermia; heat stroke; lightning; high elevation; frostbite; and actions/inactions of others, including the negligence of others. I understand that the description of risks above is not complete and that the activities may be dangerous and include other risks. I voluntarily assume all risks of injury and/or death.
- I agree that I will be personally liable for and will pay all reasonable attorneys’ fees and costs incurred by Denver Climbing Company in defending any lawsuits or claims covered by this Release or any activity of mine with Denver Climbing Company. I agree that under no circumstances will Denver Climbing Company ever be responsible for any of my attorneys’ fees.
- I agree to read and obey all signs and rules. I agree that I will not do any activities that are beyond my abilities. I acknowledge that I have the physical dexterity, ability, and knowledge to safely participate in the activities.
- I agree to wear and use appropriate safety equipment. I also understand that safety equipment is not a guarantee of safety and cannot protect me from all injuries and/or death.
- I authorize Denver Climbing Company to call for medical care and/or transport me if in the opinion of its personnel such care is needed, and I will pay all costs associated with medical care and related transport, and release, defend, and indemnify Denver Climbing Company for any costs incurred from such medical care and transport, and any claims regarding medical care and/or transport (including claims regarding failure to provide medical care and/or transport).
- I agree that this Release covers all activities and each and every time I am doing any activity run or sponsored by Denver Climbing Company, without requiring me to sign another form for each new day or activity.
- I agree to fully defend, indemnify, and hold harmless Denver Climbing Company from any lawsuits or claims brought by any third persons that involved, in any manner, my actions or inactions.
- I grant Denver Climbing Company the right, without reservation or limitation, to photograph, videotape, and/or record me, and to use such, among other things, in connection with exhibitions, publicity, advertising and promotional materials without compensation.
- I attest to not being under the influence or intoxicated by any drug, alcohol, supplement, enhancer, or chemical, whether legal, illegal or for medicinal purposes, that in any way could inhibit my complete and full functioning, physically and mentally, while performing any tasks during activities with Denver Climbing Company. These substances can include but are lot limited to: marijuana, beer, CBD, liquor, opioids, benzodiazepines, narcotics, prescription drugs, OTC drugs, stimulants, MDMA, cannabinoids, hallucinogens, and all others.
- By signing this, I represent that I am at least 18 years of age, or, that my parent or legal guardian is also signing this document along with me. If I am signing as the parent or legal guardian, I represent that I am the legal parent or legal guardian of the minor participant.
- If I am signing as the parent or guardian, I agree that I am signing this on behalf of the minor. I further agree that both I and the minor are bound by all the terms of this Release, and both I and the minor are considered “I” and “me” in all the clauses of this Release.
- I agree that any and all claims for injury or death against Denver Climbing Company or related to this Release in any way shall be governed by Colorado law, and the exclusive jurisdiction of any such claim shall be in Jefferson County Colorado District or County Court, or the Federal Court for the State of Colorado.
- This Release is binding to the fullest extent permitted by law. If any provision of this Release is found to be unenforceable, the remaining terms shall remain enforceable. I agree that this Release shall be binding upon my assignees, subrogors, heirs, next of kin, executors, and personal representatives. And, I agree that they cannot bring any claim or action against Denver Climbing Company and in such circumstances they are also considered “I” and “me” in all the clauses of this Release.
- I have read and fully understand the terms of this Release. I confirm that I voluntarily agree to the terms of this Release and I voluntarily agree to participate in the activities.