ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT – ROCK CLIMBING WALL
This is a legally binding agreement. By signing this agreement, you give up your right to initiate legal action, recover compensation, or otherwise seek any other remedy for any injury to yourself or your property arising out of your use of the rock climbing wall and bouldering area located in the Recreation and Wellness Center on the campus of the University of Arkansas - Fort Smith now or at any time in the future.
Assumption of Risk. I hereby acknowledge and agree that there are inherent risks involved with the sport/activity of rock climbing, that the use of the rock climbing wall and bouldering area located in the Recreation and Wellness Center on the campus of the University of Arkansas - Fort Smith (hereinafter referred to as the “climbing wall”) has inherent risks, and that no amount or form of planning can remove all of the risk of injury to which I am exposing myself. I understand the nature and extent of all risks associated with rock climbing and the use of the climbing wall, including, but not limited to:
• Injuries resulting from falling off or impacting against climbing and/or anchoring surfaces, structures, and projections, whether permanently or temporarily in place;
• Rope abrasion, entanglement, and other injuries resulting from activities on or near the climbing wall including, but not limited to, climbing, belaying, rappelling, lowering on rope, rescue systems, and any other rope techniques;
• Injuries or property damage resulting from hair or loose clothing becoming entangled in equipment;
• Injuries resulting from falling climbers, objects, or dropped items;
• Cuts and abrasions resulting from skin contact with the climbing wall;
• Injuries resulting from the negligence of other climbers, belayers, spotters, spectators, or users of the climbing wall;
• Injuries resulting from personal physical and mental limits including, but not limited to, fatigue, chill, heat, and dizziness, any of which may diminish reaction time and increase the risk of an accident;
• Lack of personal strength, coordination, sense of balance, and the ability to follow or give directions while climbing, belaying, lifting, spotting, or observing;
• Injuries from improper use of equipment or the failure to properly tie into the system; and,
• Failure of ropes, slings, harnesses, climbing hardware, anchor points, or any part of the climbing wall structure.
I acknowledge that the above list is not inclusive of all possible risks associated with the use of the climbing wall, and that the above list in no way limits the extent or reach of this assumption of risk/release of liability. I acknowledge that foreseeable and unforeseeable risks of injury or death may occur as a result of my voluntary use of the climbing wall.
Participation. I affirm that I am voluntarily participating in this sport/activity. I affirm that I am in adequate physical condition to participate in this sport/activity.
Medical Treatment/Insurance. I hereby authorize any medical treatment deemed necessary in the event of an injury incurred while using the climbing wall. I affirm that I carry adequate medical insurance. I understand that in the event of injury, I must personally accept responsibility for the full amount of any and all medical expenses as well as other expenses and losses arising out of such injury.
Safety Procedures. I agree to abide by all safety policies and procedures established by the University of Arkansas - Fort Smith for use of the climbing wall.
Release of Liability. In consideration of my participation in this sport/activity, on behalf of myself, my family, my heirs, and my assigns, I hereby waive and release from liability, and agree not to bring a claim against, the Board of Trustees of the University of Arkansas acting for and on behalf of the University of Arkansas - Fort Smith or any of its officers and/or employees (hereinafter referred to as the “University”) now and forever for any and all claims, causes of action, and damages I may have which arise out of my use of the climbing wall whether or not the claims, causes of action, or damages are the result of the University’s own negligence. In assuming this risk, I acknowledge that I am releasing the University from any and all liability arising out of my use of the climbing wall.
Indemnity Agreement. I promise to indemnify, hold harmless, and defend the released parties as defined above against any and all claims to which this Agreement applies, including claims for their own negligence. I promise to indemnify, hold harmless, and defend the released parties against any and all claims for my own negligence, and any other claim arising from my conduct during my use of the climbing wall. In accordance with these promises, I will reimburse the released parties for any damages, reasonable settlements, and defense costs, including attorneys’ fees, that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this Agreement, including the indemnification obligation of this paragraph, will be binding upon my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.
Governing Law and Venue. This Agreement is governed by and shall be construed in accordance with the laws of the state of Arkansas. Any dispute arising from this Agreement or in any way associated with the use of the climbing wall shall be brought only in Pulaski County, Arkansas. All matters relating to the validity, construction, interpretation, and enforcement of this Agreement shall be determined in Pulaski County, Arkansas.
Sovereign Immunity. The University is an instrumentality in the state of Arkansas and is entitled to sovereign immunity. The parties agree that any claims, demands, or actions for loss, expense, damage, liability, or other relief, either at law or in equity, for actual or alleged personal injuries or property damage arising out of or related to this Agreement by the University or its officers, employees, agents, or designated representatives acting within the official scope of their position, must be brought before the Claims Commission of the State of Arkansas.
I certify that I am of lawful age (18 years or older) and otherwise legally competent to sign this Agreement. I certify that I have read and fully understand this Assumption of Risk, Release of Liability, and Indemnity Agreement and agree to its terms. I understand that the terms of this Agreement are legally binding.