PARTICIPANT ACKNOWLEDGMENT AND ASSUMPTION OF RISKS, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
Equilibrium Climbing Station
#546, 3rd Floor, Opposite M otherhood Hospital, Chinmayya Mission Hospital Road, Indiranagar
In consideration for Equilibrium Climbing Station Pvt Ltd and their affiliates, members, directors, officers, agents, employees, independent contractors, and volunteers (collectively, â€œ Equilibrium â€?) allowing me to participate in Equilibriumâ€™s Activities, including, but not limited to use of roped climbing walls, bouldering areas, weights and other training or fitness apparatus at the Equilibriumâ€™s facilities, gear demonstrations, clinics, training, yoga or other fitness classes, outdoor climbing, camps, or classes, the rental or borrowing of equipment from Equilibrium , or any other activities offered by or involving Equilibrium , whether at a Equilibrium facility or elsewhere (collectively â€œ Equilibriumâ€™s Activitiesâ€?), the undersigned hereby understands, acknowledges, and agrees as follows:
1. I am capable of understanding the terms of this Agreement and the risks associated with Equilibriumâ€™s Activities
2. I recognize and understand that there are risks, hazards and danger in Equilibriumâ€™s Activities, whether inherent or not, and participation could result in injuries of all kinds, including serious injury or death. The risks involved in Equilibriumâ€™s Activities include, but are not limited to: hazards in traveling to the location of the activity, falling, collision with objects, people or structures, falling onto uneven, worn or hard landing surfaces, being struck by other participants or objects, loose handholds or loose rock, equipment failure even if equipment is properly used, the actions or negligence of other participants or instructors, harm due to exposure to the elements, the aggravation of pre-existing conditions, and other risks inherent in Equilibriumâ€™s Activities. I understand that my participation in Equilibriumâ€™s Activities is voluntary and that I have the right to terminate my participation at any time. I acknowledge that I am capable of participating in Equilibriumâ€™s Activities and do not suffer from any health problems that would inhibit my participation.
3. ASSUMPTION OF RISK: Understanding these risks and dangers, I nevertheless EXPRESSLY ASSUME ALL RISKS ASSOCIATED WITH THE EQUILIBRIUMâ€™s ACTIVITIES, inherent and otherwise, and whether or not described above. I further agree to observe and comply with all rules and regulations prescribed by Equilibrium for the Equilibriumâ€™s Activities.
4. RELEASE OF LIABILITY: Additionally, I for myself, heirs, assigns, representatives and next of kin, unconditionally release and discharge Equilibrium from any damages, claims, liability, or causes of action, whether known or unknown, arising out of my participation in Equilibriumâ€™s Activities, including claims of ordinary negligence. Furthermore, I hereby agree to indemnify Equilibrium from any claim, liability, or cause of action by third parties arising out of my participation in Equilibriumâ€™s Activities.
5. I understand that I am responsible for assessing the quality of my own climbing or fitness gear I bring to a Equilibrium facility and that it is in good shape for use. I understand that Equilibrium is not liable for any lost or stolen equipment or personal items I bring to Equilibrium facilities.
6. I understand that in order to participate in Equilibriumâ€™s Activities, I must complete all of the following: (1) sign this agreement; (2) complete whatever instructional program Equilibrium requires for the particular activity; and (3) read and abide by the Rules and Regulations prescribed by Equilibrium . Additionally, I agree that I will ensure any guest I bring to the climbing wall sign Equilibrium â€™s standard release form and complete the other steps required for use of the climbing wall. I understand that I am responsible for any guests I bring to Equilibrium to use the climbing wall, and therefore agree to indemnify Equilibrium for any liability arising out of my guestâ€™s visit to Equilibrium and use of the climbing wall.
7. In the event of an accident, I authorize Equilibrium to stabilize, obtain medical care for, or transport me to a medical facility if, in the opinion of Equilibrium , medical care is needed and I am unable to make such decisions for myself. I agree to pay all costs associated with such actions on the part of Equilibrium, and to indemnify and hold Equilibrium harmless from any consequences resulting from such care.
8. Equilibrium is hereby authorized to take photos and video of me in connection to my participation in Equilibriumâ€™s Activities and has permission to use my name and likeness, without compensation, for marketing and other promotional purposes.
9. In any action where one party either seeks to enforce its rights under this Agreement or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred.
10. I understand that this Agreement shall continue in effect and remain in force in perpetuity from the date it is executed, and covers my participation in all Equilibriumâ€™s Activities, regardless of when or where the activity takes place.
11. If any provision of this Agreement is held invalid, the remaining provisions shall survive and continue in full force and effect.
12. VENUE, JURISDICTION AND WAIVER OF JURY TRIAL: This Agreement shall be construed in accordance with the laws of the State of Karnataka, and for any dispute arising under this agreement I hereby submit to the exclusive jurisdiction of the courts of Bangalore City, Karnataka. I voluntarily waive any right I may have to a jury trial in any action under this Agreement.
I HAVE CAREFULLY READ, UNDERSTAND, AND VOLUNTARILY SIGN THIS ACKNOWLEDGMENT AND ASSUMPTION OF RISKS, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
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