WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT
FOR CLIMBING WALL AND EXERCISE EQUIPMENT
This Waiver of Liability, Assumption of Risk, and
Indemnification Agreement (“Agreement”) is made between the undersigned participant
(“Guest”) and the Owner(s) of the Airbnb property located at 707 W Mount
Lookout Rd., Mount Lookout, WV 26678 (“Owner”). By signing this Agreement,
Guest acknowledges and accepts the following terms regarding the use of the
climbing wall, campus rungs, treadmill, adjustable dumbbells, barbells, and
other exercise equipment (“Facilities”) on the property.
**Each individual who will
be using the Facilities must be listed and must sign this waiver. No one who
has not signed this waiver is permitted to use the Facilities under any
circumstances.**
1. ASSUMPTION OF RISK
Guest understands that using the Facilities involves
inherent risks, including but not limited to falls, muscle strains, fractures,
concussions, spinal injuries, and potentially fatal accidents. These risks may
arise from equipment failure, improper use, environmental conditions, physical
exertion, or other sources.
By choosing to use the Facilities, Guest voluntarily assumes all risks and
agrees to take personal responsibility for assessing their own physical
condition and ability to participate safely, along with that of any minor under
their supervision.
2. RELEASE OF LIABILITY
To the fullest extent allowed by law, Guest waives,
releases, and agrees not to hold Owner, their employees, agents, insurers, or
successors liable for any injuries, property damage, or losses related to the
use of the Facilities, whether caused by negligence or other factors.
3. INDEMNIFICATION
Guest agrees to defend, indemnify, and hold Owner harmless
from any claims, lawsuits, liabilities, or financial losses, including attorney
fees, resulting from their use of the Facilities. This includes claims brought
by third parties, other guests, visitors, or minors under the Guest’s
supervision.
**Guests also agree that
they will not permit anyone who has not signed this waiver to use the
Facilities. Should any unauthorized individual use the Facilities, the signing
Guest(s) will assume full liability for any resulting claims or damages.**
4. SAFETY AND RESPONSIBILITY
Guest agrees to:
- Follow all safety instructions and posted guidelines.
- Inspect equipment before use and report any issues to Owner.
- Supervise minors at all times while they use the Facilities.
- Reposition available padding as needed to minimize injury risks.
- Avoid using the Facilities while under the influence of alcohol, drugs, or
any condition impairing judgment or physical ability.
- Treat the equipment with care to prevent damage or unsafe conditions.
**Guest acknowledges that only those individuals who have signed this Agreement
are permitted to use the Facilities. Any unauthorized use will be considered a
violation of this Agreement and may result in immediate revocation of access.**
5. PROPERTY RULES COMPLIANCE
Guest acknowledges they have reviewed and will comply with
all Facility rules. Failure to follow these rules may result in loss of access
to the Facilities without compensation. Owner reserves the right to enforce all
safety policies.
6. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by the laws of the State of
West Virginia. Any legal disputes arising from this Agreement shall be resolved
exclusively in West Virginia courts.
7. SEVERABILITY
If any provision of this Agreement is found invalid or
unenforceable, the remaining provisions shall remain fully effective.
8. ACKNOWLEDGMENT AND AGREEMENT
By signing below, Guest confirms they have read and
understood this Agreement and voluntarily agree to its terms, acknowledging
they are waiving certain legal rights. There are no warranties, expressed or
implied, by Owner(s) to Guest(s), except as contained herein, and Owner(s)
shall not be liable for any loss or injury to Guest(s) nor to anyone else, of
any kind or however caused.
**Each individual who intends to use the Facilities must be listed and must
sign below. No one who has not signed is permitted to use the Facilities.**
NON COMPLIANCE WITH THE ABOVE AGREEMENT MAY RESULT IN
CHARGES FOR LOSS OR DAMAGE.
By signing, I acknowledge that I have read and understand
this Agreement and voluntarily agree to its terms.