PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Seneca Rocks Mountain Guides, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “SRMG”), I hereby agree to release, indemnify and discharge SRMG, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representatives and estate as follows:
1. I acknowledge that rock climbing entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be liminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: the hazards of walking on uneven terrain and slips and falls; being struck by rock fall or other objects dislodged or thrown from above; the use and potential or actual failure of climbing ropes, auto-belays and equipment; the forces of nature, including lightning and rapid weather changes; the risk of falling off the rock; the risk of exposure to insect bites; the risk of cold including hypothermia; my own physical condition, and the physical exertion associated with this activity.
Furthermore, SRMG employees and independent contractors have difficult jobs to perform. They seek safety, but they are notinfallible. They might be unaware of a participants fitness or abilities. They might misjudge the weather or other environmental conditions. They might give incomplete warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risk existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless SRMG from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activityn or my use of SRMG’s equipment or facilities, including any such claims which allege negligent acts or omissions of SRMG.
4. Should SRMG or anyone acting on their behalf, be required to incur attorneys fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. 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 to myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against SRMG, I agree to do so solely in the state of West Virginia, and I further agree that the substantive law of West Virginia shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
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