RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
**NOTICE**: THIS RELEASE AND WAIVER AFFECTS YOUR LEGAL RIGHTS.
PLEASE READ IT VERY CAREFULLY AND UNDERSTAND IT BEFORE INITIALING OR SIGNING IT.
Parents/Legal Guardians should initial on behalf of participating Minors after discussing each section with them, indicating that both the Minor and the Parent/Legal Guardian agree to each section.
In consideration of Climb Vegas, LLC furnishing services and/or equipment to enable me to participate in activities associated with or enter upon the premises of Climb Vegas, LLC, Elevated Ventures, Inc., their agents, owners, associates, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “Climb Vegas”). I hereby voluntarily agree to release, indemnify, discharge, hold harmless, and covenant not to sue Climb Vegas, on behalf of myself, my children, my parents, my heirs, assigns, personal representative, and/or estate for any and all claims of liability arising out of their negligence, recklessness, strict liability, breach of contract, intentional acts, or any other act or omission which causes the undersigned illness, injury, death, and damages of any nature in any way connected with my participation in this activity or for being upon the premises of Climb Vegas.
I agree as follows:
I fully understand and acknowledge that: (A) outdoor and indoor recreational activities such as zip lines, canopy tours, challenge courses, mountain hiking and exploring have inherent risks, dangers, and hazards and such may exist in my use of Climb Vegas property and equipment and my participation in the above-mentioned activities; (B) my participation in such activities and/or use of such equipment may result in injury or illness including, but not limited to bodily injury, strains, fracture, partial and/or total paralysis, death or other ailments that could cause serious disability; exposure to insect and snake bites, exposure to extreme temperatures and inclement weather, slips and falls, encounters with animals such as dogs and bears, collisions with other participants or objects, my physical condition, and injury and illness in remote areas without means of rapid evacuation or adequate medical care; (C) these risks and dangers may be caused by the negligence of the owners, employees, officers or agents of Climb Vegas, the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes. If I choose to participate in Climb Vegas guided activities, risks and dangers may arise from foreseeable or unforeseeable causes including, but not limited to, guide decision making, misjudgment of a guide, weather, trail or course conditions, my ability to participate in the activity, risks of falling from high platforms, stands or towers and such other risks, hazards and dangers that are integral to recreational activities that take place in a wilderness, outdoor or recreational environment; and; (D) by my participation in these activities and/or use of equipment, I hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, or employees of Climb Vegas or by any other person, and that they may arise from foreseeable or unforeseeable causes. In addition, I hereby grant permission to Climb Vegas to make and use for promotion or other purposes, photographic records without recourse or compensation to me or anyone else otherwise.
I, on behalf of myself, my personal representatives and my heirs or as parent or legal guardian of the undersigned participant hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Climb Vegas and their owners, agents, officers and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which arise out of my use of any equipment or my participation in Climb Vegas activities or on Climb Vegas property, I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers or employees of Climb Vegas. The venue of any dispute that may arise out of this agreement or otherwise between the parties to which Climb Vegas or its agents is a party shall be the District Court in Clark County, Nevada.
I fully understand and acknowledge that: (a) the Activity I have voluntarily chosen to participate in involves risks and dangers of serious bodily injury including but not limited to permanent disability, paralysis, and death (“Risks”); (b) there are risks, hazards and dangerous conditions inherent in the Activity that I am about to engage in voluntarily, including but not limited to: falling from platforms, cables and other structures, equipment malfunction including breakage of cables, tethers, pulleys and harnesses, collision with stationary objects, insects, and inclement weather and my participation in the Activity may result in injury, death, illness or disease, physical or mental, or damage to my person and property and that no amount of care, caution, instruction or expertise can eliminate this inherent danger. I understand and acknowledge accidents including but not limited to, scrapes, bruises, and rope burns can and sometimes do occur during the Activity; (c) during the Activity I may experience fatigue, extreme heat and/or dizziness, which may diminish my reaction time and that of others and may therefore increase the risk of accident; (d) changing weather, rain and/or other conditions, branches falling from trees, slippery/wet decks and stairs which I will be walking and/or traveling, my own inability to properly participate in the Activity or to follow rules and directions concerning the Activity and unforeseeable events may all contribute to the chances of accident, injury or death; (e) these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity or the conditions in which the Activity takes place; (f) the description of these Risks is not complete and that there may be OTHER RISKS or SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time.
Being aware that this Activity entails risks of injury, I agree, covenant and promise, by my choice, to accept and assume all responsibility and risk for myself, or for the Minor for whom I sign, for bodily injury, death, illness, disease or damages incurred, whether such Risks are identified herein or are not specified, as a result of my participation in the Activity. My participation in this Activity is entirely voluntary and I elect to participate in spite of the risks.
I understand and agree that Climb Vegas reserves the right, in its sole discretion, to refuse to permit me to participate in the Activity, and that the Climb Vegas may terminate my participation in the Activity, at my expense, if it believes me and/or my child to be incapable of following the instructions or meeting the safety requirements or the rigors of participating in the Activity. I specifically agree to release Climb Vegas from any liability if I am prevented from participating in the Activity for any reason whatsoever.
I understand and agree that Climb Vegas is not required to provide emergency or assistance in an emergency. However, I also understand and agree that any person employed by Climb Vegas who renders emergency care or assistance in an emergency, gratuitously and in good faith, is not liable for any civil damages and will be held harmless as a result of any act or omission, by that person in rendering the emergency care or assistance or as a result of any act or failure to act to provide or arrange for further medical treatment for the injured person.
I hereby agree, represent and warrant that: (a) to the best of my knowledge, I am not pregnant; (b) I understand the nature of the Activity and I am, or the minor for whom I sign, physically and mentally capable of participating in the Activity; (c) neither I, nor the minor for whom I sign, has a pre-existing medical condition that could be aggravated by participating in the activity or aware of any medical conditions that could affect my safety while participating in the Activity; (d) neither I, nor the minor for whom I sign, has a fear of heights or other physical or emotional limitation which should preclude participation in the Activity; and (e) agree to follow all instructions given to me by the Climb Vegas’ staff while I am on the premises and while I am participant in the Activity on the premises and (f) I shall use due care and caution during the use and enjoyment of the Activity and shall immediately report to Climb Vegas any unsafe conditions or unauthorized use witnessed by the undersigned. I also certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in Climb Vegas activities or on Climb Vegas property, or else I agree to bear the costs of such injury or damage myself.
I understand and acknowledge that by initialing and/or signing this document I have given up certain legal rights and/or possible claims which I might otherwise assert or maintain against Climb Vegas including specifically, but not limited to, rights arising from or claims for the acts or omissions, negligence in any degree, of Climb Vegas. I further acknowledge I have signed it freely and without any inducement or assurance of any nature, and I intend it to be as broad and inclusive in favor of the State of Nevada as permitted by the laws of the State of Nevada and that if any provision herein is held to be invalid, it is agreed that the remaining provisions shall, notwithstanding, continue in full force and effect.
I understand and agree that this agreement is made with full knowledge of the facts and legal implications of entering into such an agreement and that it cannot be modified or changed in any way by the representations or statements of any employee or agent of the Climb Vegas, or by me. I further agree that this agreement contains the entire agreement between the parties, hereto, and that the terms of this agreement are contractual and not mere recitals.