Project Send It Release Form
RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT
RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT
WARNING: PLEASE READ CAREFULLY BEFORE SIGNING! THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION
1. ACTIVITY AND ASSOCIATED RISKS: I have chosen to participate in a rock climbing activity that may include either or both indoor climbing gyms and outdoor locations natural and manmade. (referred to as “the Activity”), which is organized by PROJECT SEND IT.
I understand that:
• The Activity is HAZARDOUS AND MAY CAUSE PHYSICAL INJURY, DEATH OR
PROPERTY DAMAGE and I may be exposed to dangers and hazards, including some of the following: falls, fractures, concussions, cuts, lacerations, overexertion, overheating, injuries from my lack of fitness or conditioning, death, equipment failures, and negligence of others;
• as a consequence of these risks, I may be seriously hurt or disabled or may die from the resulting injuries, and my property may also be damaged;
• hospital facilities, qualified medical care, and medical evacuation may be limited by local conditions; and
• Project Send It assumes no responsibility for providing medical care during the Activity, and I will have to pay for any medical care and/or evacuation that I incur.
In consideration of the permission to participate in the Activity, I agree to the terms contained in this document.
2. ASSUMPTION OF THE RISKS: I hereby freely and expressly assume the above-mentioned risks as well as other risks not listed that are part of this activity and any harm, injury, or loss that may occur to me or my property as a result of my participation in the Activity or during any transportation to or from the Activity, including any injury or loss caused by the negligence of Project Send It, its owners, employees, agents and officers, its contractors, its volunteers, and other Activity participants. I also understand that any equipment provided, borrowed or rented from Project Send It is used is at my own risk and that any such equipment is provided without any warranty about its condition or suitability.
3. RELEASE OF LIABILITY: I hereby RELEASE PROJECT SEND IT and its owners, employees, agents, officers, and contractors; the providers of any equipment used in the Activity; landowners; and all climbing gym locations and their respective employees, officers, and directors (“the Released Parties”) FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS, AND DEMANDS that arise in any way from any injury, death, loss, or harm that occur to me or to any other person or to any property during the Activity or in any way related to the Activity, including during transportation to or from the Activity. This RELEASE includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. This RELEASE does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that Colorado law does not permit to be excluded by agreement. I also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss, or harm that occurs during the Activity or are related in any way to the Activity.
4. INDEMNIFICATION, HOLD HARMLESS, AND DEFENSE: I promise to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties (defined in Section 3) against any and all claims to which Section 3 of this agreement applies, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties against any and all claims for my own negligence, and any other claim arising from my conduct during the Activity. In accordance with these promises, I will reimburse the Released Parties for any damages, reasonable settlements, and defense costs, including attorney’s fees, that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.
5. AGREEMENT TO FOLLOW DIRECTIONS: I agree to follow the rules for the Activity provided to me and to follow directions given to me by the leaders of the Activity, including USING ALL OF THE PROTECTIVE AND SAFETY GEAR that I am instructed to use. I understand that I am obligated to follow the rules of the Activity and I can minimize my risk of injury through the exercise of common sense and by being aware of my surroundings.
6. INDEPENDENT CONTRACTORS: I acknowledge that Project Send It has no control over and assumes no responsibility for the actions of any independent contractors providing any services for the Activity.
7. PHOTOGRAPHY/VIDEOGRAPHY RELEASE: I understand that during the Activity I may be photographed or videotaped. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of me or use of my name in connection with such likeness, and I assign to Project Send It all copyrights, and grant the right to use, and publish any likeness of me, whether in whole or part, in any form, without restrictions, and for any purpose, including all forms of electronic and social media.
8. SEVERABILITY: I agree that the purpose of this agreement is that it shall be an enforceable RELEASE OF LIABILITY AND INDEMNITY as broad and inclusive as is permitted by Colorado law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.
9. APPLICABLE LAW, FORUM & ATTORNEY’S FEES: This agreement is governed by and shall be construed in accordance with the laws of the state of Colorado, without any reference to its choice of law rules. I agree that any dispute arising from this Agreement or in any way associated with the Activity shall be brought only in the 2nd Judicial District Court of Denver County Colorado, and I agree to the jurisdiction and venue of this court for any such dispute. In any litigation in which the validity or enforceability of this agreement is contested, I agree that the prevailing party will pay all attorney’s fees and costs of the parties seeking to uphold the agreement.
I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE SIGNING IT. NO ORAL REPRESENTATIONS, STATEMENTS OR OTHER INDUCEMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN IT OF MY OWN FREE WILL.
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Only customers aged 18 or above may enter into this agreement. Customers under the age of 18 must have a parent or legal guardian complete this form for them.
Are you eligible to enter into this agreement?
I am the Parent or Legal Guardian and signing for a minor in my care
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