IMPORTANT: THIS IS A LEGAL DOCUMENT
Please read and understand this document before signing. If you have any questions please ask us or consult an attorney. You are giving up specific legal rights by signing this contract.
Metolius Mountain Products Inc. its employees, agents, directors, officers, sponsors, advertisers, landowners and volunteers (hereinafter Metolius) have done everything possible to ensure that our guests have a rewarding experience. We wish to inform our guests that bouldering, rock climbing, ice climbing and mountaineering (Climbing) is not risk free. The same elements that contribute to the unique character and fun of Climbing such as the physical exertion or the risk can cause loss or damage to equipment, injury, illness, or in extreme cases, permanent trauma, or death. We do not want to heighten or reduce your enthusiasm for the experience, but we do want you to know in advance what to expect, and to be informed of the some of the possible risks. We ask that you read this, sign it, and return it to our office.
If you are signing as the parent or legal guardian (hereinafter "parent") for a child (minor, someone under the age of 18) you agree to read, to have Minor read and if necessary explain to Minor the nature and terms of this agreement as well as all the risks of climbing.
EXPRESS ASSUMPTION OF THE RISK
There are risks that accompany all aspects of life as well as Climbing. Some of these risks are inherent to the activity; some are changed, increased or decreased due to your actions or the equipment. You must understand and accept all the risks of the activity, inherent and others. By understanding these risks, you will have a better trip and enjoy your trip.
Rock climbing like all outdoor recreation activities is hazardous. The obvious accidents that occur in climbing are falling. Whenever you fall you may fall only a few feet or all the way to the ground. As you fall you may hit objects or the rocks that are in your path. If the rope breaks your fall, the jolt from the rope may cause injury. Falling to the ground may cause serious injury from any height.
In addition to the hazards of falling, objects falling from or off the rock may hit you. Rocks, branches, climbing equipment and even people may fall and hit you as you are standing at the base or while climbing.
Equipment may fail. Climbing equipment is tested before use; however, the extreme conditions of the environment in which climbing equipment is used in conjunction with the damages caused by the rock can cause climbing equipment to fail. The rock may break to which you are holding or to which you have placed protection causing you to fall or causing your protection to pull out from the rock. As you climb you may pull out protection from the rock.
You may be ice climbing, or moving across snowfields. Ice Climbing is a technical activity involving the use of ice axes and crampons. Ice axes must be used properly to be effective and to prevent injury to you or other people. Ice axes, Crampons and other climbing equipment have sharp points, which can injure you or other people. Make sure you understand how to walk in crampons before doing so.
If you are demonstrating (demoing), testing or using equipment, you may be using equipment you do not fully understand. You agree to ask adequate questions about the use of such equipment and the operation of the equipment. You understand that using such equipment in these conditions creates a higher risk of equipment failure. Because you are unfamiliar with the use and operation of this equipment, you have a greater chance of injury. Until you are familiar with the use of the demo equipment do not do any activity with which you are not familiar. You agree not to hold the Metolius liable for any failure of the equipment to work in these conditions. You also understand and agree not to sue Metolius for any equipment failure, breakage or malfunction of the equipment.
Travel to and from the climbing area is incidental to the climbing. Accidents can occur during travel to and from the activity site. Trails are often steep, rocky, and slippery. Hikes involve crossing streams, where footing can be awkward. Participants can slip or fall during a hike, resulting in injury. Poisonous or dangerous plants, insects, or animals can be found with harmful effects to some participants. Exposure to the natural elements can be uncomfortable or harmful. Heat-sunburn, dehydration, heat exhaustion, heat stroke, heat cramps, wind, rain, outdoor, using portable toilet facilities, eating meal's out-of-doors, being in the open for the extended length of the trip can be uncomfortable or cause injury.
It is also possible that some participants would suffer mental anguish or trauma from the experience or their injuries.
This list is not an exclusive or exhaustive list of possible injuries; trauma or accidents that may occur while climbing or using equipment made by Metolius. Most of these injuries are rare, and you are not likely to encounter them. However, they have occurred, and you need to know about them and other possible injuries not mentioned above. These injuries occur more often when the participants are using drugs or alcohol or not physically able to undertake the activity.
You certify that your family, including minor children and yourself are fully capable of participating in a climbing program. You state that you have read the above statement on some of the possible risks in this activity. Therefore, you assume full responsibility for yourself, your family, including minor children, for bodily injury, death, and loss of personal property and any expenses as a result of your negligence, negligence of your family, negligence of any third party, or the negligence of Metolius. You hereby expressly consent and assume all risks of the activity for yourself and your family, including the risks associated with traveling to and from the activity. My family and you are in good physical condition and able to undertake this activity. You understand and agree that this is a voluntary activity, and you do so for recreational purposes and do so voluntarily.
CONTRACT, WAIVER, RELEASE, AND INDEMNIFICATION
You agree to indemnify and hold harmless Metolius its agents and employees from all claims, damages, losses, injuries, and expenses arising out of or resulting from your families or your participation in these activities for all past, present or future claims, demands, and causes of action. You agree that Metolius has a subrogation/right to indemnification for your actions based on any permit, grant, contract or agreement with third parties. You further agree to release, acquit, and covenant not to sue Metolius, their agents, and employees for all actions, causes of action, past, present or future claims or damages, damages in law or remedies in equity of whatever kind, including the negligence of Metolius, negligence of another participant, or your family, yourself, or your heirs, against Metolius arising out of participation in this program. This agreement covers the incidental transportation to and from the recreation location. In short, you cannot sue Metolius or anyone else for any reason if you, your family, or minor children receive an injury, and if you do, you cannot collect any money.
This release shall not be superseded by any other agreement whether there is any perceived inconsistency or not.
You agree to indemnify, agree to subrogation and reimburse Metolius for any damages, costs, fees or expenses they expend on me or your family's behalf, including the cost of any Search and Rescue or for any damages, you may do to third parties. You understand this means you are the insurer for Metolius for any actions or damages, you or your family may incur.
You agree to the site of any lawsuit and the law governing any such lawsuit shall be Deschutes County Oregon and governed by Oregon law. The terms of this agreement shall continue and be, in effect, after the activity has ended. All changes or alterations to this document must be in writing and approved by both parties. No changes to the face of this document are valid.
As liquidated damages, you hereby agree that if Metolius is forced to defend any action, lawsuit or litigation or for breach of the covenant not to sue or the covenant of good faith and fair dealing, by yourself, your executors, or your heirs, on your family's or your behalf, your heirs or executors and you agree to pay Metolius's costs and attorney's fees if they successfully defend such action, lawsuit or litigation. You understand and agree that you are indemnifying Metolius for any claim you may bring for any injury you receive, and if you do, so you will be subject to paying Metolius's damages and costs, including attorney fees. Should any sentence, clause, paragraph, or part of this agreement be declared unenforceable by a court of competent jurisdiction, the remaining parts or paragraphs shall remain in full force and effect. This release is intended to be interpreted as broadly as possible to affect the intent and purpose of the release.
You understand that Climbing is not a necessity nor required for everyday life. If you do not want to sign this release, you understand you cannot go to Climbing. If you do not sign this release, you are free to go to Climbing with other companies.
You have adequate health, disability, and life insurance for your family and yourself.
You acknowledge that you have received a Copy of this Document. You understand that you are signing this document electronically or may be signing this document electronically in the future. You understand under Oregon and Federal law, there is no difference between signing this electronically or in writing.
You Have Read and Understood this Agreement. You are Voluntarily Signing this Agreement. You understand you are giving up certain legal rights. By signing this you understand you cannot sue for any reason. If you do sue you cannot collect any money. If you sue and lose you will owe us money.
Copyright 1998-2013, James H. Moss, 720 Edit Law, recreation.law@gmail.com
By checking the terms and conditions of the liability waiver box you have signed and agreed to the terms of the agreement.