Participant Release Acknowledgment of Risk Agreement
READ CAREFULLY - BY SIGNING THIS AGREEMENT, YOU ARE WAIVING IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
1. ASSUMPTION OF RISK
I UNDERSTAND THAT EVEN WITH PROPER SAFETY PRECUATIONS, PARTICIPATION IN CLIMBING, RAPPELLING, AND ADVENTURE ACTIVITIES INVOLVES INHERENT RISKS, INCLUDING BUT NOT LIMITED TO FALLING, EQUIPMENT FAILURE, WEATHER HAZARDS, FALLING TREE LIMBS, BELAY FAILURES, MISJUDGMENT OF PARTICIPANT FITNESS OR ABILITY, AND MISHAPS IN OUTDOOR OR TREE CLIMBING AREAS WHICH COULD RESULT IN SERIOUS INJURY OR DEATH
TO MYSELF OR OTHERS AND/OR DAMAGE TO PERSONAL PROPERTY.
I voluntarily assume all such risks, whether known or unknown, including those resulting from the NEGLIGENCE, acts or omissions of Vertical Voyages, LLC, its employees, agents, or contractors (“Vertical Voyages”).
2. WAIVER AND RELEASE OF LIABILITY AND INDEMNIFICATION
Despite all known and unknown risks, including but not limited to those specifically outlined above, I hereby expressly unconditionally and voluntarily waive, release, and forever discharge Vertical Voyages from any and all claims, demands, actions, damages, liabilities, or causes of action, in law or equity related to any injury, loss, or damage arising from my participation, including claims of NEGLIGENCE on the part of Vertical Voyages. This section does not apply to gross negligence, reckless conduct, or intentional misconduct.
To the fullest extent permitted by law, I agree to indemnify and hold harmless Vertical Voyages from any claims, liabilities, costs, or expenses, including attorney’s fees, arising from my participation. I acknowledge that I am solely responsible for any medical expenses arising from my participation. I certify that I have health and liability insurance to cover potential injuries. If I do not have such insurance, I accept full financial responsibility for any related expenses.
4. CHOICE OF LAW & JURISDICTION
This Agreement shall be governed by and interpreted under the laws of the State of Missouri. If any provision of this Agreement is found unenforceable under another state’s law, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.
5. ARBITRATION AGREEMENT
All disputes arising from or related to this Agreement, including its scope, arbitrability or validity, or my participation in Vertical Voyages activities shall be resolved exclusively by binding arbitration in Missouri under AAA rules. By signing, I acknowledge and voluntarily waive my right to a trial by judge or jury.
6. MEDIA RELEASE
I understand that I may be photographed or recorded during this event and grant Vertical Voyages permission to use my image and likeness for promotional purposes.
I have read and understand this entire agreement. I agree to its terms voluntarily and understand that by signing, I am waiving certain legal rights, including the right to sue.
If the participant is under the age of 18, this agreement must be signed by a parent or legal guardian . If you are the participant (18 years of age or over), print your own name and email address and sign below.
