As consideration for being allowed to enter, participate, use and enjoy the projectROCK facility (“Facility”), including but not limited to the climbing programs, cheer programs, ninja programs, after-school programs, rock climbing walls, equipment, services and any other activities at our Facility (the “Activities”), the undersigned (“I” or “Me”), on behalf of myself and on behalf of my minor children or wards (“Minor Participant(s)”), agree as follows:
ACKNOWLEDGEMENT OF RELEASE OF LIABILITY AND INDEMNIFICATION. I, on behalf of myself and each Minor Participant (hereinafter identified), acknowledge, understand and agree that this Participant Agreement (“Agreement”) is intended to release projectROCK SC Sports Complex LLC, projectCHEER SC LLC, projectNINJA SC LLC, and each of their employees, agents, members, managers, volunteers, affiliated companies and successor and assigns (hereinafter collectively “projectROCK”) from any and all damage or personal injury that you and/or Minor Participants may suffer for any reason at our Facility.
REPRESENTATION OF MINOR PARTICIPANTS. I represent that I am the parent/guardian and legally authorized to act on behalf of and to bind the following Minor Participant(s) who are under the age of 18 years old:
ASSUMPTION OF RISK. I acknowledge that Minor Participants and I are voluntarily participating in the Activities at the Facility and I understand that the Activities are dangerous and involve known and unknown inherent risks, including without limitation the risk of injury, permanent disability, or death, resulting from conditions known and unknown, including without limitation, equipment malfunctions, building malfunctions, lack of supervision, lack of trained monitors, lack of proper equipment, padding, netting, or other safety measures, slipping, falling, landing or colliding with fixed objects or other people, as well as the negligence or omissions committed by Me, Minor Participants, any employee or volunteers of projectROCK or any other person using the Facility. I agree, on behalf of myself and Minor Participants, to voluntarily assume any and all such risks. I further understand and acknowledge that projectROCK will not be held liable for any defects in any equipment or climbing wall.
RELEASE OF LIABILITY. I, on behalf of myself and Minor Participants, do hereby irrevocably and unconditionally, fully and completely, release, waive, relinquish, discharge from liability and covenant not to sue projectROCK from and against any and all claims, demands, rights, actions, causes of action, suits, debts, obligations, costs, losses, charges, expenses, damages, judgments and liabilities, of whatever kind or nature, in law or equity or otherwise, whether known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from use of the Facility by myself and Minor Participants, the equipment or the services and activities within the Facility and any damage or permanent loss to me or Minor Participants we may suffer at the Facility. This release of liability is intended to include without limitation, all claims for negligence, personal or bodily injury, emotional injury, illness, property damage and death, within and outside of the Facility.
INDEMNIFICATION OF PROJECTROCK. I agree to appear, indemnify, defend and hold harmless projectROCK from and against any and all losses, liabilities, claims, obligations, costs, damages and expenses (including without limitation reasonable attorneys’ fees and costs) whatsoever paid, incurred, or suffered by projectROCK in the event I or Minor Participants (i) suffer any injury, damage or harm, including without limitation death, within or outside of the Facility; (ii) cause any injury, damage or harm, including without limitation death, to any other person within or outside of the Facility; or (iii) cause damage to the Facility, any equipment or property located within or outside of the Facility.
NO LIABILITY FOR LOST OR STOLEN PROPERTY. I acknowledge that projectROCK is not liable to Me or Minor Participants for any personal property that is damaged, lost, or stolen while within or outside of the Facility, including without limitation damage to my vehicle or its contents or loss or damage to any of My or Minor Participants’ personal property.
DISPUTE RESOLUTION. Any controversy, dispute, or claim arising out of or related to this Agreement or any damage or injury suffered at the Facility, which the parties are unable to resolve by mutual agreement, must be resolved exclusively by submission to binding arbitration in Pickens County, South Carolina, before a single arbitrator in accordance with the rules of the American Arbitration Association then in effect. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, which will remain in full force and effect.
NAME OF ADULT PARTICIPANT AND/OR PARENT OR LEGAL GUARDIAN OF MINOR
By signing this document, I understand that I forever waive any right I or Minor Participants may have to maintain any action against projectROCK on the basis of any claim that is the subject of this Agreement. I agree that if any portion of this Agreement is held invalid, the remainder will continue in full legal force and effect. I understand that my signature below is a complete and unconditional release of all liability to the fullest extent allowed by law.