WAIVER OF LIABILITY AND COVENANT NOT TO SUE
NOTICE: THIS IS A LEGALLY BINDING AGREEMENT. PLEASE READ CAREFULLY.
I desire to participate in one or more activities or programs (each individually, an “Activity”; collectively, “Activities”) offered, operated, sponsored or directed by, or otherwise involving, Catalyst Sports. The Activities may involve, without limitation, rock climbing (including but not limited to climbing on artificial surfaces, outdoor instruction, and expeditions), mountain biking, kayaking, cycling, hiking and other recreational activities, programs, events, instruction, guided descents and ascents, clinics, lessons, camps, private instruction and classes, both inside and outside. I understand that each Activity poses inherent and extreme risks. With full knowledge and understanding of these risks, and in consideration of my participation in Activities, I acknowledge and agree as follows:
1. Acknowledgement and Assumption of the Risk
I acknowledge that participation in Activities provided by the Catalyst Sports subjects me to the following risks, among others:
(i) Personal injury, including serious injury, head injury, paralysis or death, including but not limited to injuries resulting from:
falling off climbing walls, natural rock, mountain bikes, bicycles, or any gym apparatus or other equipment;
contact or collision with walls, natural obstacles, equipment, landing areas and other climbers, belayers, mountain bikers, cyclers, kayakers or objects;
failure of equipment utilized in an Activity, including but not limited to ropes, slings, harnesses, anchor points, belay devices, holds or any part of the climbing wall structure, personal flotation devices, paddles, plugs, brakes, pedals and other components;
the use of exercise equipment and free weights as well as participation in group exercise classes;
another participant acting in a negligent manner that may contribute to injury to the participant, me or others, such as failing to maintain control over equipment or not acting within a participant’s ability; and
any other risk specified herein;
(ii) rock climbing and mountain biking take place on steep, rugged and challenging terrain and features, and will expose the climber or rider to many risks, dangers and hazards and may result in frequent falls and collisions;
(iii) kayaking and other paddle sports activities occur in natural bodies of water that are not treated or regulated as pools and specifically expose participants to the risk of drowning or other complications and dangers associated with immersion in water, falling into water and/or swimming in turbulent water, including but not limited to: becoming pinned or entrapped by items or obstacles in/on the water; colliding with rocks, boats, and other items in the water; falling while entering or exiting any boats; and encounters with motorized and non-motorized watercraft, water-borne pathogens, organisms, and other contaminants that can infect or cause harm including illness, injury and death;
(iv) climbing gear, bicycles, and related equipment may be placed under extreme stress and can malfunction;
(v) the risk of injury associated with mountain biking and cycling increases with the degree of difficulty of the trail/route and speed although the risk of injury can never be eliminated, the rider can manage the risk through controlling speed and choosing terrain appropriate for the rider’s skill and experience;
(vi) features and trails the rider chooses to ride is always at the discretion of the rider, not the mountain bike instructor or coach, or anyone else;
(xvii) all trail and course conditions, including but not limited to weather conditions, trail and course layout and construction, hidden or concealed obstacles, and potential collisions with other riders and wildlife.
I understand and acknowledge that:
Medical facilities are remote, typically many hours, and in some instances, days distant. Communication and transportation are difficult and sometimes evacuations and medical care may be significantly delayed or unavailable.
Catalyst activities may require travel, which can be by motorized and non-motorized vehicle, watercraft and floating objects, horse, mule, aircraft, train, snowmobile, skis, snowboard, snowshoes, and on foot and by other means, over improved and unimproved roads, rugged trails and off-trail terrain, including boulder fields, frozen or partially frozen lakes, downed timber, rivers, rapids, river crossings, open water, high mountain passes, snow and ice, steep slopes and rock cliffs, including avalanche prone areas, scree and talus slopes, slippery rocks and steep crevassed glaciers. Risks associated with travel include, for example, collision with stationary or moving objects, falling, overturning, capsizing, drowning and other risks usually associated with such travel, including environmental risks.
Environmental risks include loose, falling and rolling rock; lightning, extreme winds, fire, exposure to intense heat and bitter cold; snow, rock and ice avalanches and mass movement of earthen material, falling timber and forces of nature, including weather which may suddenly change to extreme conditions without advance warning; flash floods, moving, deep and/or cold water; insects, snakes, and predators, including large animals. Possible injuries and illnesses include, without limitation, hypothermia, frostbite, immersion foot, high altitude illnesses, sunburn, heatstroke, thermal burns, dehydration, stomach and intestinal disorders, sprains, strains and fractures, cuts, scrapes and other wounds and trauma to the head and body, and other mild or serious conditions including permanent trauma, disability or death.
The above list is not inclusive of all the possible risks to which I will be subject in participating in Activities and using the Facility and that the list in no way limits the extent or reach of this Waiver of Liability and Covenant Not to Sue (this “Agreement”) or any provision of this Agreement.
While wearing a helmet while climbing in the Facility is not required, I assume additional risks of possible injury and death by not wearing a helmet. I understand that I may request a helmet from Catalyst and Catalyst will provide one for my use. Gym users are encouraged to use helmets at all times when climbing or belaying other climbers. I understand that helmets may reduce or mitigate the severity of head injuries, but are in no way a guarantee of safety. I further recognize that helmets have limited capability as far as shock absorption and that serious injury or death can result from both low and high-energy impacts, even when a helmet is worn.
I have the right to stop and visually inspect course and trail conditions and may choose not to ride sections or features that I consider to be too dangerous, risky or unsafe for a rider of my skill level.
If I use equipment through Catalyst Sports, I accept for use the equipment “AS IS”, I accept responsibility for the care of the equipment during the period and agree to be responsible for the replacement at full value of any equipment that I rent but do not return or return in a damaged condition. I understand that climbing gear could become damaged or defective. I am capable of examining and assessing my own equipment that I use during a climb. If damage occurs to equipment belonging to Stone Summit while I am using it, I will bring it to the attention of the Stone Summit personnel so they can evaluate the equipment.
I VOLUNTARILY ASSUME ALL OF THE RISKS ASSOCIATED WITH PARTICIPATION IN ANY ACTIVITY OR USE OF THE FACILITY, INCLUDING BUT NOT LIMITED TO RISK OF INJURY, PARALYSIS AND DEATH. I VOLUNTARILY ASSUME ALL SUCH RISKS WITH FULL KNOWLEDGE, UNDERSTANDING AND APPRECIATION OF THE RISKS INVOLVED.
2. Waiver of Liability and Covenant Not to Sue
I, on behalf of myself, my heirs, representatives, executors, administrators and assigns, hereby knowingly and intentionally (A) waive any and all liability of Catalyst Sports and their respective successors, assigns, owners, shareholders, officers, directors, members and Personnel (each individually, a “Released Party”; collectively, “Released Parties”) for, (B) release Released Parties from, and (C) covenant not to sue Released Parties for any and all causes of action, claims, injuries, liabilities, damages or demands of any nature whatsoever, whether known or unknown, anticipated or unanticipated, which I, my heirs, representatives, executors, administrators and assigns may now have, or may have in the future against any Released Party on account of any and all known and unknown, foreseen and unforeseen personal injuries, property damage, death, paralysis or accident of any kind and whenever occurring, arising out of or in any way related to any activity, any occurrence or event involving Catalyst, any Released Party or any service or program related to any thereof, whether such Activity, occurrence or event is supervised or unsupervised and however and whenever any injury, property damage, death, paralysis or accident is caused. THIS WAIVER OF LIABILITY AND COVENANT NOT TO SUE SHALL BE EFFECTIVE EVEN THOUGH SAID LOSS, DAMAGE OR INJURY RESULTS OR HAS RESULTED FROM THE NEGLIGENCE, WRONGFUL ACTS, OMISSIONS, BREACH OF WARRANTY, OR STRICT TORT LIABILITY OF ANY RELEASED PARTY. NOTWITHSTANDING THE IMMEDIATELY PRECEDING SENTENCE, THIS WAIVER OF LIABILITY AND COVENANT NOT TO SUE SHALL NOT BE EFFECTIVE IN REGARD TO LOSS, DAMAGE OR INJURY RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL OR WANTON MISCONDUCT OF ANY OF THE RELEASED PARTIES.
3. Indemnification Agreement
I hereby agree to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties from and against any and all causes of action, claims, demands, losses, damages, liabilities and costs (including but not limited to attorneys’ fees and costs incurred by Released Parties or any thereof) of any nature whatsoever, including but not limited to those caused by the negligence of any Released Party (except for those resulting from the gross negligence or willful or wanton misconduct of any Released Party), arising out of or in any way relating to my use of the Facility or the services provided thereby or my participation in any Activity.
I certify that I am in proper physical and mental condition to participate in Activities and that I have no physical limitations that would preclude my safely using the Facility or participating in Activities, subject to the risks assumed. I agree to read and abide by all rules from time to time posted in the Facility or otherwise communicated to me. I agree to comply with requests and instructions of all Personnel. In the event of an accident, if I should be unconscious or otherwise unable to make medical decisions for myself, I hereby grant the Released Parties permission to administer necessary first aid, and/or to solicit emergency medical services as deemed necessary. This authorization includes permission for emergency medical transportation to the nearest medical facility for additional medical treatment.
I hereby voluntarily waive any right I may have to a trial by jury in any action, proceeding or litigation involving any Released Party. The laws of the State of Georgia shall govern the rights and obligations of the parties to this Agreement and the interpretation, construction and enforceability thereof. I agree that any lawsuit brought against any Released Party shall be brought solely in Fulton or DeKalb County, Georgia. If any portion of this Agreement is held invalid, the remainder shall remain in full force and effect.
I hereby grant to Catalyst Sports, and Catalyst Sports reserves the right to use for promotional purposes any photographs taken by Catalyst Sports during any Activity. Such images may be used in Catalyst Sports brochures, posters, website or other promotional materials without liability or payment.
I ACKNOWLEDGE AND AGREE THAT BY SIGNING THIS AGREEMENT I AM RELIEVING THE FACILITY AND ALL RELEASED PARTIES OF ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, INJURY OR DEATH RESULTING FROM ANY ACTIVITY AND WAIVING MY RIGHT TO MAINTAIN A LAWSUIT AGAINST ANY OF THE RELEASED PARTIES, EXCEPT FOR ANY LIABILITY BASED UPON THEIR GROSS NEGLIGENCE OR WANTON AND WILLFUL MISCONDUCT. I CERTIFY THAT MY AGE IS ACCURATELY SET FORTH BELOW; THAT, IF I AM AT LEAST 18 YEARS OF AGE, I AM LEGALLY COMPETENT TO SIGN THIS AGREEMENT; I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND THAT THE TERMS OF THIS AGREEMENT ARE LEGALLY BINDING UPON ME AND UPON MY ASSIGNS, HEIRS, REPRESENTATIVES, EXECUTORS AND ADMINISTRATORS; AND THAT I AM SIGNING THIS AGREEMENT, AFTER HAVING CAREFULLY READ IT, OF MY OWN FREE WILL.
IF PARTICIPANT IS UNDER 18 YEARS OLD –UNDERSIGNED PARENT/GUARDIAN CONSENT: I am the parent or legal guardian of the undersigned one or more minors (whether one or more, the “Minor”) under 18 years of age and hereby consent to the Minor’s using the Facility or participating in Activities, all as defined above. In consideration of permission to the Minor to use the Facility and participate in one or more Activities, I agree, personally and on behalf of the Minor and any other parent or legal guardian of the Minor, to be bound by the terms and conditions set forth in this Agreement. Without limiting the immediately preceding sentence, I expressly, personally and on behalf of the Minor and any other parent or legal guardian of the Minor, (a) acknowledge and consent to the Minor’s assumption of the risks described above, (b) make and enter into for the benefit of the Released Parties the agreements set forth above in Paragraph 2, entitled “ Waiver of Liability and Covenant Not to Sue” and (c) agree to indemnify, hold harmless and defend all Released Parties from and against any loss, damage, liability and expense, including but not limited to costs and attorneys’ fees, incurred by any Released Party, as a result of the Minor’s using the Facility or participating in any Activity. I represent that I am at least eighteen (18) years of age and legally competent to sign this Agreement.
A photocopy hereof, or a record of this Agreement sent and received by facsimile, email or other electronic transmission, shall be enforceable and shall have full legal effect as an original. Addiontially, electronically typing my name below shall have full legal effect as an handwritten scripted signature.