Release of Liability, Assumption of Risk, Indemnification, and Participation Agreement
I, the undersigned individual, desire to use Climb Life LLC (“Climblife”) services which permits Climblife to connect customers to rock climbing guides (“Guide” or “Guides”). I understand Climblife services are only available to those 18 years of age and older. In consideration of Climblife permitting me to use this service and/or permitting me to participate in or observe activities, I have agreed to execute this Release of Liability, Assumption of Risk, Indemnification, and Participation Agreement (the “Release”).
I HEARBY ACKNOWLEGE AND AGREE to the following:
1. CLIMBLIFE DOES NOT CONTROL THE MANNER OR MEANS OF HOW A GUIDE CONDUCTS A ROCK CLIMBING TRIP:
I understand that Climblife is a relationship connector providing the means that customers can look up and find a rock climbing Guide based on that Guide’s profile. Climblife permits anyone to become a Guide and Guides are Independent from Climblife. Climblife does not certify, monitor or supervise Guides or control the manner and means of how a Guide may decide to conduct his or her own rock climbing trip. I understand that Climblife permits anyone over 18 years of age to set up a profile as a Guide. Climblife does not make any representations as to the competency of an individual Guide. Climblife has no control over the rock climbing trips and makes no representations as to the quality of each trip. I hereby acknowledge, accept and agree that CUSTOMERS CONNECT WITH AND HIRE A GUIDE AT THEIR OWN RISK AND MUST MAKE THEIR OWN DETERMINATION AS TO THAT GUIDE’S SKILL AND COMPETENCY.
_________Your Signature goes here.____________
2. ASSUMPTION AND ACKNOWLEDGEMENT OF RISK:
I hereby acknowledge, accept and agree that the sport of rock climbing (both indoor and outdoor) and the use of Climblife services, participation in rock climbing activities, and/or observation of such activities involves inherent risks. I have received full information regarding Climblife services and have had the opportunity to ask any questions that I wished. I understand that no amount of care, caution, instruction or expertise can eliminate the inherent dangers associated with these and other activities. I have full knowledge of the nature and extent of all the risks associated with rock climbing and the use of Climblife services, including, but not limited to:
a. all manner of injury resulting from falling while climbing and hitting the ground, the rock faces, people or projections, whether permanently or temporarily in place;
b. rope abrasion, entanglement and other injuries resulting from activities such as, but not limited to, climbing, belaying, rappelling, lowering on ropes, rescue systems, and any other rope techniques;
c. injuries resulting from the actions or omissions of others, including but not limited to falling climbers or dropped items, such as, but not limited to, ropes, climbing hardware, rocks, or personal effects;
d. cuts and abrasions resulting from skin contact while climbing;
e. failure or misuse of ropes, slings, harnesses, climbing holds, anchor points, other climbing equipment, or any climbing equipment;
f. failure to follow a Guide’s instruction or failure to ask for information or assistance.
I further acknowledge that the above list is not inclusive of all possible risks associated with the use of Climblife services or a Guide’s services and rock climbing and in no way limits the extent or reach of this assumption of risk, release of liability, and indemnification. I understand that no amount of care, caution, instruction or expertise can eliminate the inherent dangers associated with these and other activities.
I confirm that I am physically and mentally capable of participating in the use of Climblife services and all third party guided activities. I understand that if my mental or physical condition changes after the execution of this Release such that I am not capable of participating in the activity or using the equipment, I am obligated to cease participation in the activity or activities immediately. In order to avoid any illness, serious injury, or death, Cimblife has advised that I consult a physician before beginning an exercise program, or engaging in strenuous physical activities or diet/nutrition alternations.
I acknowledge that there are certain dangers associated with the use of Climblife services or participation with third party guided activities other than climbing-related equipment or activities, including, but not limited to, the competency of the Guide.
I understand that climbing outside is not the same as indoor rock climbing or on other artificial rock surfaces. I understand that Climblife will provide me with no instruction and the instruction I may receive from an Independent Guide is taken at my own risk and discretion and not necessarily safe for rock climbing. I understand that the instruction I receive from Guides does not prepare me to climb without supervision.
I am aware of the safety policy recommending the use of a protective helmet that could prevent permanent brain damage or other injury in the event of an accident. I understand that wearing a helmet does not eliminate the dangers associated with rock climbing but that in certain instances a helmet can reduce the risk of permanent injury or death. I am also aware it is my responsibility to provide and use a protective helmet according to manufacture specifications. I understand that Climblife recommends that I wear a helmet and that if I choose not to wear a helmet I do so against their advice. I AGREE TO ASSUME ALL RISK OF INJURY AND/OR DEATH THAT MAY OCCUR AS A RESULT OF MY NOT WEARING A HELMET.
I understand that climbing gear and other equipment could become damaged or defective. I am capable of examining and assessing and am responsible for my own equipment that I use and that which I am using that may belong to a Guide. If damage occurs to equipment belonging to a Guide while I am using it or I otherwise become aware of damaged guide equipment, I will bring it to the immediate attention of the Guide in charge so that the Guide can evaluate the equipment. Climblife has no control over the Guides competency to evaluate the equipment
_________Your Signature goes here.____________
3. RELEASE AND INDEMNIFICATION:
I agree to accept and assume all of the risks existing in these activities, both known and unknown, either caused or alleged to be caused by the negligent acts or omissions of Climblife, the independent Guides and others. My participation is purely voluntary, and I elect to participate in spite of the risks. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Climb Life LLC, dba “Climblife”; its officers, owners, affiliates, agents, and employees; the independent Guide found on the Climblife website, as well as any other persons, corporations, or other entities that might have any liability to me (collectively, the “Released Parties”), from and against any and all damages, actions, claims, suits, demand actions, and liabilities, whether known or unknown, anticipated, suspected or unsuspected, now or any time in the future, in any way relating to or arising from any activity, occurrence or event, whether supervised or not, including, without limitation, all claims for property damage, personal injuries, or wrongful death involving Climblife, Independent Guides, or any of the Released Parties, including claims that allege negligent acts or omissions with the exception of gross negligence, or intentional, willful, or wanton misconduct.
I understand and agree that Climblife and its personnel reserve the right to deny access to its services to any individual, permanently or for any specified period of time, for any breach of Climblife’s policies, rules and regulations, or for any conduct that is viewed as unsafe or inappropriate.
I further understand and agree that I am solely responsible for my personal property while participating in an independent Guide’s rock climbing trip or other activity; Climblife and Guide’s assume no responsibility for any lost or stolen personal property. I also understand and agree that it is my responsibility to keep all personal property under observation or secured.
Should Climblife or anyone acting on its behalf or Guides be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
I am aware of and specifically waive the provisions of California Civil Code Section 1542, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” I am aware of and specifically waive the provisions of California Civil Code Section 1714, which provides in pertinent part as follows: “Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person…”
_________Your Signature goes here.____________
4. GOVERNING LAW, JURISDICTION, WAIVER OF JURY TRIAL, ARBITRATION, AND SEVERABILITY:
This Release shall be governed by California law, without regard to its conflict of law rules, including its validity and enforceability, and construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I VOLUNTARILY WAIVE ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN ANY ACTION INVOLVING ANY RELEASED PARTY. I agree that if any portion of this Release is held to be invalid, void, or unenforceable, the remaining portions shall nonetheless remain in full force and effect.
FURTHERMORE, I agree that any controversy, dispute, or claim I have arising out of, in connection with, or in relation to any Released Party or this Release shall be submitted for resolution through final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures in the County of Orange, California. Any Court of competent jurisdiction may enforce these arbitration provisions, and judgment on the award may be entered in any court having jurisdiction. The parties submit to the jurisdiction of the Superior Court of California, County of Orange, California, for purposes of confirming any such award and entering judgment. In the award, the arbitrator may allocate all or part of the costs of the arbitration, including the arbitrator's fees, and the reasonable attorney's fees of the prevailing party.
This agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and assigns, in the event of my death. By signing this agreement, I waive the right to bring a court action to recover compensation or obtain any other remedy for any injury to my property or myself, or for my death, however caused, arising out of my use of Climblife services or a Guide’s services, now or any time in the future, whether caused by Climblife’s negligence or that of its officers, agents or employees or a Guide’s negligence. I agree to pay for all legal fees accumulated by Climblife or a Guide incurred by any claims made by me or on my behalf.
_________Your Signature goes here.____________
TO BE SIGNED BY THE PARTICIPANT:
I am at least 18 years of age and otherwise legally competent to sign this agreement. This Release of Liability, Assumption of Risk, Indemnification, and Participation Agreement shall be effective and binding upon me and upon my assigns, heirs, representatives, executors and administrators. My participation in services with Climblife is purely voluntary, and I elect to participate in spite of the risks. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions that could interfere with my safety, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition. I have had sufficient opportunity to read this entire document. I have had the opportunity to ask questions about this document. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in activities with a Guide or involving Climblife, I may be found by a court of law to have waived my right to maintain a lawsuit against Climblife a Guide or any of the other Released Parties on the basis of any claim from which I have released them herein. I further agree to indemnify, hold harmless and defend the Released Parties from and against any loss, damage, liability, expense, costs, and/or attorneys’ fees arising from my participation in Climblife services or Guide activities.
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS AND IMPLICATIONS.
Signature of Participant: ____________________________________
(18 years and older only)
Date: ____________________________________
