Please read this Liability and Publicity Release (“Release”) carefully. If the individual participating with Chicago Climbs is under 18 years old, then this Release must be signed by both the Participant and the Participant’s Parent/Guardian.
I. Background. Chicago Climbs is an Illinois not-for-profit corporation, exempt from federal income tax pursuant to Internal Revenue Code Section 501(c)(3). In furtherance of its exempt purpose, Chicago Climbs maintains a Climbing Program, which is intended to, among other things, provide participants free or reduced fee access to participating climbing gyms, parks, and recreational areas (each a “Facility”).
II. Participant. In exchange for the benefits the individual identified below (“I” or “Participant”) derives from participating in Chicago Climbs’ Climbing Program, or any of Chicago Climbs’ activities and events (collectively, “Activities”), as well as other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Participant hereby knowingly and voluntarily enters into this Release with Chicago Climbs.
III. Assumption of Risk. I am aware and understand the Activities are inherently dangerous and involve the risk of falling, serious injury, disability, and/or death. I acknowledge Chicago Climbs does not own or control the Facilities, and is not responsible for any equipment used in connection with the Activities, which such Facilities and equipment are provided “as-is” and “with all faults.” I will not rely on Chicago Climbs to provide me training or instruction in connection with the Activities, and Chicago Climbs has no duty to provide such training or instruction. Notwithstanding the risk, I acknowledge that I am voluntarily participating in the Activities with knowledge of the danger involved. I hereby assume responsibility for my actions at all time and I assume any and all risks of injury, property damage, disability, and/or death, arising from or related to the Activities, whether caused by the negligence of Chicago Climbs or otherwise.
IV. Release of Liability. I hereby release for myself, my heirs, assigns, personal representatives and next of kin, and do forever release, discharge, and covenant not to sue, Chicago Climbs, and its officers, directors, staff, employees, volunteers, contractors, agents, affiliates, successors, and assigns (collectively, “Staff”) from any and all claims, liabilities, actions, damages, costs or expenses of any kind, including without limitation, for property damage, injury, disability, and/or death, arising out of or in connection with the Activities, including the use of the Facilities, the use of any equipment, and any travel to and from the Activities.
V. Indemnification. I shall defend, indemnify, and hold harmless Chicago Climbs and its Staff against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees (collectively, “Losses”), incurred by Chicago Climbs and its Staff arising out of or relating to any claims, including third-party claims, related to my participation in the Activities.
VI. Code of Conduct. As a condition of my participation in the Activities, I shall accept and be bound by, any releases, waivers, or similar agreements required by the Facilities and any other entities providing the Activities in conjunction with Chicago Climbs. In addition, I shall comply with the rules of Chicago Climbs, the Facilities, and any other entities providing the Activities in conjunction with Chicago Climbs. I shall refrain from bullying, harassing, and the use of derogatory language towards others. This includes sending, posting, or sharing negative, harmful, false, or mean content about others online. This can also include sharing personal or private information about someone else. Chicago Climbs reserves the right to remove participants from Chicago Climbs’ events.
VII. Publicity. I acknowledge the Activities may be recorded. I hereby irrevocably grant Chicago Climbs and its Staff the right (but not the obligation) to record (in audio and/or video) my participation (“Recording”). I hereby irrevocably grant Chicago Climbs and its Staff the right to modify, create derivative works, display, publicly perform, exhibit, transmit, broadcast, distribute, reproduce, exploit, license, otherwise use, and permit others to use, the Recording and my name, image, likeness, appearance, and voice as they appear in the Recording, in perpetuity, in any and all media and formats, without further consent from or any royalty, payment, or other compensation to me, for purposes of fundraising and promoting Chicago Climbs, or otherwise to advance Chicago Climbs’ purpose. I agree Chicago Climbs is the sole and exclusive owner of each Recording. I understand and agree that Chicago Climbs has no responsibility for photos or other images/videos taken by other participants or individuals in attendance at the Facilities.
VIII. Emergencies. I understand Chicago Climbs is not obligated to provide support or medical aid in case of emergency, accident, or illness in connection with the Activities. However, I give Chicago Climbs and its Staff permission to seek immediate medical aid and to act for me in an emergency, accident or illness. I agree to release and hold harmless Chicago Climbs and its Staff from any Losses arising out of or related to the provision or lack of provision, of such support or medical aid.
THIS RELEASE PROVIDES CHICAGO CLIMBS WITH YOUR ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER, AND RELEASE OF LIABILITY, AND ALLOWS CHICAGO CLIMBS TO USE YOUR NAME, LIKENESS, AND OTHER PERSONAL CHARACTERISTICS AS THEY MAY APPEAR IN A RECORDING. BY SIGNING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE CHICAGO CLIMBS AND ITS STAFF.