This document affects your legal rights.
Read BOTH PAGES carefully before signing.
1. ACTIVITIES AND ASSOCIATED RISKS:
Bailout Systems, Inc. (hereinafter referred to as “Bailout Systems”) has offered to let me test one or more of its products or prototypes (hereinafter “device”). I have voluntarily chosen to participate in the testing which may include some or all of the following activities as well as others: handling the device; donning the device; climbing ladders walls, rocks or other structures; handling and donning other safety equipment; descending from elevated positions; using the device or prototype to help control my descent; adjusting the device; using the device in under different conditions (hereinafter referred to as “the Activities”). I have freely chosen to voluntarily participate in the Activities fully understanding the inherent and potential risks associated with using and/or testing such devices.
In consideration of the permission to participate in the Activities, I agree to the terms contained in this document.
I understand that:
The Activities are hazardous, and I may be exposed to inherent dangers and hazards, including but not limited to some or all of the following: falls, falling objects, fractures, concussions, overexertion, injuries from my lack of fitness or conditioning, equipment failures, and negligence of others any of which could cause serious injury or death.
As a consequence of these risks and other risks associated with the Activities that may not be listed here, I may be seriously ill, hurt, disabled or may die from the resulting injuries, and/or my property may also be damaged; hospital facilities, qualified medical care, and emergency medical evacuation may be delayed, limited or unavailable during portions of the Activities; and
Bailout Systems assumes no responsibility for providing medical care during the Activities, and I will have to pay for any medical care and/or that I incur.
2. ASSUMPTION OF THE RISKS: I hereby freely assume the inherent risks as well as any other risks not listed that are part of these Activities, and any harm, injury, illness, or loss that may occur to me or my property as a result of my participation in the Activities or during any transportation to or from the Activities—including any injury, illness, or loss caused by the negligence of Bailout Systems, its employees, agents and officers, its contractors, and other Activities participants. I also understand that any equipment that I provide or may get from Bailout Systems or any other provider I use 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 BAILOUT SYSTEMS, its employees, agents, officers, directors and contractors as well as the providers of any equipment used in the Activities 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, illness, death, loss or harm that occur to me or to any other person or to any property during the Activities or in any way related to the Activities, including during transportation to or from the Activities. 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 that the applicable law does not permit to be released by Agreement. I also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss or harm that occur during the Activities or are related in any way to the Activities.
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 Activities. 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 all directions given to me by the leaders of the Activities.
6. 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 applicable 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 AND FORUM: This Agreement shall be construed in accordance with the laws of the state of Ohio, 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 Activities shall be brought only in the state or federal court located in Hamilton County, Ohio, and I agree to the jurisdiction and venue of those courts for any such dispute.
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.