I, being 18 years of age or older, want to participate in the indoor rock climbing facility (partcipants under the age of 18 may still participate. Parent signature of approval and consent must be received in the section below). I understand that using this facility is a voluntary decision and I am not compelled to do so. I choose to use the facility in recognition and appreciation that there will be known and unknown risks, dangers and hazards which could injure or kill me which may be encountered during such use, and which may include or result from the negligence, gross negligence or recklessness of the University of Alaska (UAS) or other users. I understand that activities involved in use of the facility include bouldering, climbing, belaying and rappelling, with or without UAS staff present. I acknowledge that the serious risks involved in using the facility include both risks that are inherent in the activity and those that might be created by the fault of UA or others and that these risks can cause injury, illness, mental or emotional trauma, paralysis, disability or death to my child or others. Examples of fault on the part of UAS, staff or others that could cause such damages include: - Bad judgment, improper training, misunderstanding of capabilities or fitness level or poorly coordinated actions;
- Equipment failure, malfunction or misuse involving artificial climbing holds and anchor points, ropes, slings, harnesses, climbing shoes and climbing hardware;
- Failure to use proper equipment; and,
- Negligent, grossly negligent or reckless behavior of UA staff or others, including those involved in advising, belaying, rescuing, or providing first aid or medical response.
These and other risks, hazards and dangers may result in participants (for example): - Falling part or all of the way to the ground;
- Getting entangled in ropes or other equipment,
- Impacting the rock face, anchor points, or other projections,
- Colliding with or impacting objects or people.
The above referenced fault and/or circumstances may cause fractures, sprains, broken bones, concussions, brain damage, cuts or abrasions, strangulation or other injury or illness, mental or emotional trauma, paralysis, disability or death. Such injury or death can result in pain, suffering, lost income, medical expenses, loss of enjoyment of life, loss to my family members of my companionship and consortium, and other financial or other losses. With this in mind, I DO HEREBY, VOLUNTARILY ASSUME ALL RISKS, DANGERS AND HAZARDS which I may encounter during use of the facility, whether or not included in the above lists. In addition, I declare that I intend to be financially responsible for any death or injury that may occur to me during or as a result of such use. FURTHER, IN CONSIDERATION OF BEING PERMITTED TO USE THE FACILITY, I HEREBY AGREE TO RELEASE THE UNIVERSITY OF ALASKA AND ALL ITS CONSTITUENT PARTS, ITS BOARD OF REGENTS, OFFICERS, AGENTS, AND EMPLOYEES, (RELEASED PARTIES) FROM ALL LIABILITY AND CLAIMS OF ANY KIND, INCLUDING CLAIMS FOR LOSS, EXPENSE, DAMAGES, PUNITIVE DAMAGES OR ATTORNEY FEES, WHICH MAY ARISE ON ACCOUNT OF PERSONAL INJURY TO ME OR MY DEATH, INCLUDING EMOTIONAL DISTRESS TO ME OR LOSS OF COMPANIONSHIP OR SUPPORT TO ME OR MY FAMILY, OCCURRING DURING OR AS A RESULT OF MY USE OF THE FACILITY. THIS RELEASE APPLIES EVEN IF MY INJURY OR DEATH IS CAUSED BY THE NEGLIGENCE, GROSS NEGLIGENCE OR RECKLESSNESS OF RELEASED PARTIES. FURTHER, I PROMISE TO INDEMNIFY AND HOLD HARMLESS THE UNIVERSITY OF ALASKA SOUTHEAST, AND PAY ITS COSTS OF DEFENSE, IF CLAIMS ARE BROUGHT BY ME OR ANYONE ELSE AGAINST ANY OF THE RELEASED PARTIES TO RECOVER MONEY DAMAGES RESULTING FROM INJURIES OR DEATH TO ME. THIS PROMISE APPLIES EVEN IF MY INJURY OR DEATH IS CAUSED BY THE NEGLIGENCE, GROSS NEGLIGENCE OR RECKLESSNESS OF RELEASED PARTIES. I have entered into this AGREEMENT on the basis of my own information and not in reliance upon representations of the University or other released parties. I understand that I have the right to consult an attorney of my choice before signing. I further understand that this document contains the entire agreement and no oral or written agreements limiting or modifying the effect of the terms of this AGREEMENT exist. I agree that if any part of this agreement is held to be invalid or unenforceable for any reason, the balance of the agreement remains valid and enforceable. I INTEND THAT THIS AGREEMENT IS AND WILL BE BINDING ON MY FAMILY, ESTATE, HEIRS, SUCCESSORS, ASSIGNS, INSURERS, MEDICAL PROVIDERS AND PERSONAL REPRESENTATIVES. By my signature, I represent that I have read and knowingly and voluntarily signed this AGREEMENT with the intent that it be a legally binding document designed to protect the University of Alaska and other RELEASED PARTIES from all CLAIMS which could be brought by myself or anyone else on account of injury or death to me, regardless of cause or fault. |
