(Including assumption of risks and agreements or release and indemnity)
This is a legal document. It must be signed by each adult (21 years of age or older) participant in an activity of Rock Climbing Solutions, LLC.(“Team Texas”), and by a parent or legal guardian of each participant who is a minor.
In consideration of the services of Team Texas, for myself and, if the participant is my minor child or ward, on behalf of that minor, I acknowledge and agree as follows:
Activities of Team Texas include climbing on natural rock walls, travel to those climbing sites (including transportation by van and overnight lodging), and a variety of recreational and social activities, including water sports and games. The climbing activities are instructional in nature and participants will be challenged to enlarge their competencies and performance.
Participants are transported to activities, including out of State, in a 15 passenger van, pulling a trailer and driven by a Team Texas staff member.Participants will share rooms (separated by gender).
The activities described above will expose participants to risks, including of transportation, climbing, moving to and about activity sites, engaging in recreation and social events, and close personal contact associated with traveling and lodging with others. The risks include, among other things: falling off the wall; loose natural rock; falling to the ground, onto others and being fallen on by other others and various objects; abrasions from the walls, ropes, pads, or the floor; equipment failure; belay and/or belayer failure; climbing out of control or beyond one’s personal limits; the negligence of other participants, or other persons who may be present, including the staff of Team Texas; and the forces of nature, including sudden storms, lightning, heat and cold.
These and other risks are inherent in the activities of Team Texas; that is, without them, the activities would lose their value and appeal, and vigorous participation would be discouraged. These and other risks can result in losses to participants, including property damage, bodily injury, permanent disability, paralysis and other trauma, and even death. Participants are elite climbers -- that is, by reason of training and experience they have a heightened awareness of the risks of the activities and share in the responsibility for effective management of the risks including by identifying and reporting conditions and conduct which may pose a danger to themselves or others.
Assumption of Risks
If I am an adult participant or Parent, I hereby acknowledge the risks described above and their inherency, and that other risks, inherent and otherwise, may be encountered. I expressly assume all the risks, inherent or not, and whether or not described above, of being a participant ( as defined above) in gym activities, including the use of its equipment and facilities, or otherwise being on the premises of the gym or other activity site. If I am the Parent of a minor participant, I have discussed the activities, responsibilities, Rules and risks with the minor child who understands and accepts them.
Release and Indemnity
I, an adult participant or parent (parent agreeing for himself or herself and , to the maximum extent allowed by law, on behalf of a minor child or ward who is a participant), hereby agree to release and discharge Climbing Solutions, LLC, Rock Climbing Solutions, LLC (dba Team Texas Rock Climbing) its owners, officers, directors, employees and volunteers (“Released Parties”) from all claims, liabilities and losses asserted by or on behalf of me or the minor participant in any way arising form or connected with my, or the minor’s,enrollment or participation in an activity ofTeam Texas, including off-days and supervised or unsupervised activities, the use of its equipment and facilities, and otherwise being on or about an activity site and transportation to or from that site. I understand that in signing this document, I surrender my, and the child’s, right to make a claim or file a lawsuit against a Released Party for personal injury, property damage, wrongful death, products liability or any other theory, to the maximum extent allowed by law.
I further agree to hold harmless and indemnify (that is, defend and pay or reimburse) Team Texas and the other Released Parties from any claim and from any liability, loss, damages or expenses (including attorneys’ fees) resulting from 1) a claim brought by a co-participant, rescuer or any other person for loss or damage caused by my, or the minor participant’s, acts or omissions; and 2) a claim brought by any member of my or my minor child’s family in any way arising out of my or the minor’s enrollment , enrollment or participation in an activity of Team Texas, including off-days and supervised or unsupervised activities, the use of its equipment and facilities, and otherwise being on or about an activity site and transportation to or from that site.
These agreements of release and indemnity include loss, damage or expense claimed to have been caused in whole or in part by the negligence of a Released Party, but not gross negligence or intentionally wrongful conduct.
I ACKNOWLEDGE THAT TEAM TEXAS HAS NO LIABILITY INSURANCE and that any recovery from TEAM TEXAS in the event of a loss claimed by me or my child will be limited to the assets of Rock Climbing Solutions, LLC, a Texas limited liability company. I have insurance adequate to cover any injury or damage I or the child may cause or suffer while enrolled or participating in a Team Texas activity or traveling with Team Texas. In any event I agree to bear the costs of such injury or damage. I authorize Team Texas to obtain medical care for me, or my child, as it considers necessary, and I agree to pay all expenses associated with that care.
In the event that I file a lawsuit against Team Texas I agree to do so solely in the State of Texas, and I further agree that the substantive law of that State shall apply in that action without regard to the conflict of law rules of that state.
(Need partial invalidity clause, intended duration of this agreement, venue, etc
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. In signing it, I have not relied on any representations of Team Texas regarding safety, performance or otherwise.