BW GUIDING CO. LLC VISITOR AGREEMENT
(including assumption of risks and agreements of release and indemnity)
Participant Name: ___________________________________________________________________
Please read this document carefully. It affects your legal rights in the event of an injury or other loss arising from a planned activity with BW Guiding Co., LLC (BWGuiding) or visit to any chosen site of a BW Guiding activity, for the purpose of climbing or otherwise. It must be signed by all adult visitors and by the parent or legal guardian (each referred to as “Parent”) of a minor (under 18 years of age) visitor.
In consideration of the services of BW Guiding I, an adult visitor or parent, agree as follows:
1. Activities and Risks: Activities of BW Guiding include wall or rock climbing, bouldering, ice climbing, rappelling and/or a variety of fitness and exercise activities, including yoga, stretching, slack-lining; and being in and moving about chosen locations or facilities, using its equipment and traveling to, being at and moving about climbing sites in remote outdoor locations. The risks of these activities include, among others, the following: falling from the climbing surface; loose, unstable and damaged natural or artificial holds; swinging into and otherwise colliding with other climbers and natural and man-made structures; abrasions from the walls or rock or other surfaces, ropes and pads; the malfunction and failure of equipment including belay and other support mechanisms and harnesses; the use and misuse and malfunction of fitness and exercise equipment, and climbing ropes and related equipment; persons climbing out of control or beyond personal limits, overexertion, preexisting injuries and medical conditions, and inadequate physical conditioning; and the negligence of other persons, including other visitors, BW Guiding staff and independent contractors who may be present. Risks particular to outdoor environments include walking on uneven terrain, crossing streams or other bodies of water, slips and falls, being struck by rock fall or other objects dislodged or thrown from above; environmental hazards including harmful plants, animals and insects, lightning, sudden weather changes, and extreme heat and cold related illnesses; and delays in evacuation and emergency medical care. While BW Guiding employees seek to manage the risks of climbing and other activities, they are not infallible and may make mistakes, including, among others, being unaware of a participant's fitness or abilities, and failing to give adequate warnings or instructions. Participants in BW Guiding activities and other visitors may be transported to other (not gym) activity sites by BW Guiding staff, and will be exposed to the risks of such travel.
I understand that the risks described above, and others, are inherent in BW Guiding activities and moving about its and other premises and using its equipment and cannot be eliminated without jeopardizing the essential qualities of the activity.
2. Assumption of Risks: I accept and assume all the risks of the BWGuiding activity and other activity sites, including climbing and other BW Guiding activities, inherent or not and whether or not described above. If the visitor is a minor, I have explained the risks to him or her. My, or the minor visitor’s, visit, including participation in BW Guiding activities is purely voluntary, and I, or the child, elect to participate in spite of the risks.
3. Release and Indemnity: I, an adult visitor, or parent of a minor visitor (parent, for myself and, to the maximum extent allowed by the laws of the State of Texas, on behalf of the minor) hereby voluntarily release, forever discharge, and agree to indemnify (that is, defend and protect, including by paying or reimbursing claims, costs and attorneys fees) BW Guiding, LLC, its agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on BW Guiding’s behalf (“Released Parties”) from any and all claims, demands, or causes of action, which are in any way connected with my, or the minor’s participation in an BW Guiding activity or my or the child’s use of BW Guiding 's equipment or facilities or moving about the premises of any activity site. The agreement of indemnity is intended to include claims arising out of losses suffered by me (an adult climber or parent) or the child and losses caused by me or the child. The agreements of indemnity and release include claims of negligence, but not gross negligence or intentionally wrongful acts, of a Released Party.
4. If I, or the child, or anyone acting on behalf of me or the child, should file a lawsuit against a Released Party, I agree that it must be filed and maintained solely in a court of competent jurisdiction in Monroe County, MI. I further agree that the substantive laws of the State of Michigan shall apply in that action without regard to the conflict of law rules of Michigan. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
5. Unless I notify BW Guiding staff in writing to the contrary, I consent to the reproduction and use by BW Guiding of photographs, videos and other images and sound recordings of me, or the minor visitor, without compensation, for advertising or other purposes. I release BW Guiding and other Released Parties from any claim of violation of any personal and/or proprietary right I or the minor may have in connection with such representation or use.
By signing this document, I acknowledge that if I or the minor visitor is hurt or property is damaged during my or the child’s activity or other activity site, I, and the minor if applicable, may be found by a court of law to have waived the right to maintain a lawsuit against BW Guiding or another Released Party on the basis of any claim from which they have been released herein, and that I will protect the Released Parties from claims of the minor child, if any.
I have carefully read and understood this document, and I agree to its terms, for myself, my estate, and all members of my family who may have a claim in the event of a loss suffered by me or the child. This agreement will apply to my, or to the minor’s, future activities and visits to additional chosen activity sites of BW Guiding until it is replaced by a later document. That future document will apply to visits thereafter but will have no affect on rights created by this agreement.
Signature of Adult Visitor: _______________________________________________________
Print Name: _________________________________________________ Date:___________________________________
DOB __ / __ / __ Gender ___
Street _________________________ City ________________________ State _____ Zip _________
Phone ( ) _____ - __________ Email _______________________________________________
Emergency Contact Person ________________________________ Phone ( ) _____ - __________
Signature of legal guardian of minor: ___________________________________________________
Print Child’s Name:___________________________________________ Date:__________________