CLIMBING WALL

ACKNOWLEDGEMENT OF RISKS, WAIVER, RELEASE & INDEMNIFICATION AGREEMENT

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THIS DOCUMENT INCLUDES A RELEASE OF LEGAL RIGHTS

READ CAREFULLY BEFORE SIGNING

 

Bucknell University ("BU") and its Outdoor Education and Leadership Program/Rec Center ("OEL") want to help our program participants have a fun and rewarding experience. Rock climbing, bouldering, fixed line ascension, rappelling, and using the indoor climbing wall (the "Activity"), however, are not risk free. The physical exertion required to participate in the Activity may cause loss or damage to personal property, physical injury, illness, and in extreme cases, permanent trauma or death. Please read this Release carefully.

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ACKNOWLEDGEMENT OF RISKS

 

Like all recreation activities, rock climbing, bouldering, fixed line ascension, rappelling, and using indoor climbing walls are hazardous. The following are some risks associated with the activity:
 

• The Activity requires physical exertion. 

• Horseplay, carelessness, poor technique, poor conditioning and violating policies, rules and instructions are all factors that increase risks associated with the Activity. 

• Athletic injuries are also a risk associated with the Activity. Accidents may result in scrapes, abrasions, sprains, broken bones, torn muscles or ligaments, head, neck or spinal injuries, or death. 

• Risks also include those arising from decision making and conduct, including the risk that an employee, volunteer or other participant may misjudge someone's capabilities, route, etc.

• While utilizing the climbing wall, you may fall a few feet or all the way to the floor. As you fall you may hit people, objects, the wall, climbing holds, or the rope. If the rope catches your fall, the jolt from the rope may cause injury. Falling from any height may cause serious injury, paralysis, or death. 

• In addition to the hazards of falling, objects may hit you as you are standing at the base of the wall or while climbing. 

• Equipment may fail, malfunction or be defective. Improper use of the equipment, failure of equipment including but not limited to; ropes, slings, harnesses, helmets, carabiners, belay/rappel devices, climbing hardware, anchor points, or any part of the climbing wall or not properly tying/clipping in can result in injury. You may experience cuts from holding onto the holds, or wall. 

• You may get rope burns from handling the rope. You may also get pinches from handling equipment.

• The climbing wall floor and crash pads may cause injuries. 

NOTE: This document covers all types of climbing. This list is not an exclusive or exhaustive list of all possible injuries, trauma or accidents that may occur while rock climbing. The undersigned hereby acknowledges and agrees that there are inherent risks associated with this Activity that cannot be eliminated regardless of the care taken to avoid injury or loss. 

I understand and agree that all Activity participants are required to comply with OEL's & Rec Center policies and guidelines and follow the instructions provided by the OEL and the Rec Center Activity leaders. I understand and agree to all such policies and procedures prescribed by the OEL and Rec Center. I also understand and agree that BU may refuse to allow the participation of any person BU deems to be incapable of handling the physical demands associated with participation in this Activity or is unable to satisfy other participant requirements.  

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I acknowledge that I have read the statements herein above regarding the risks associated with the Activity. Notwithstanding the risk of property damage or loss, and physical injury or death, I am assuming those risk and certify that I am fully capable of participating.

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EXTENDED FILE STORAGE & MULTIPLE USE ALLOWANCE

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I understand that this ACKNOWLEDGEMENT OF RISKS, WAIVER, RELEASE & INDEMNIFICATION AGREEMENT specific to the climbing wall will remain on file with Bucknell University and represent my informed consent of the continued risks associated with utilization of the climbing wall facility. I further acknowledge that I will not need to complete this electronic process each time that I make use of the climbing wall facility but that a staff member may ask me to complete this process again in the future.

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WAIVER, RELEASE & INDEMNIFICATION AGREEMENT

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In exchange for the opportunity to participate in this Activity, I hereby assume all risk of injury to myself and my property that may result from my participation in this Activity. I understand that my participation in the Activity is purely voluntary, and notwithstanding the risk of injury to my person and property, I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE, AND PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me as a result of my participation in this Activity.

 

On behalf of myself as well as my heirs, administrators, executors, and assigns, I hereby RELEASE AND FOREVER DISCHARGE THE STATE OF PENNSYVANIA AND BUCKNELL UNIVESITY, AS WELL AS ITS TRUSTEES, OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION, OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY, ARISING FROM, OR IN ANY WAY CONNECTED WITH, MY PARTICIPATION IN THE ACTIVITY OR TRAVEL TO AND FROM THE ACTIVITY. In addition, I agree to INDEMNIFY AND HOLD THE ABOVE-NAMED ENTITIES AND INDIVIDUALS HARMLESS FROM ANY LOSS, LIABILITY, DAMAGES, OR COSTS THAT THEY MAY INCUR AS A DIRECT OR INDIRECT RESULT OF MY PARTICIPATION IN THE ACTIVITY.

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I hereby agree that if Bucknell University or its agents is compelled to defend any action, lawsuit or litigation by myself, my executors, or my heirs, on my family’s or my behalf, my heirs or executors and I agree to pay Bucknell Universities costs and attorney’s fees if Bucknell University successfully defends such action, lawsuit or litigation.

 

I further state that there are no health-related reasons or problems that would preclude or restrict my participation in this Program, and that I have adequate health and global medical insurance necessary to provide for and pay any medical costs that I may incur as a result of illness or injury during the course of my participation in the Activity. If I require emergency medical action or treatment, I hereby consent to being transported by Bucknell University to a hospital or medical care facility, and consent to being administered medical care by the physician or licensed hospital or medical care facility deemed by the Bucknell University representative in charge to be the most expedient and appropriate under the circumstances. I understand and agree that Bucknell University assumes no responsibility for any injury or damage that might arise out of or in connection with such authorized emergency medical treatment or my transportation to or from the medical care facility.

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In consideration of the opportunity to participate in the Activity and by my signature below, I hereby IRREVOCABLY GRANT TO BUCKNELL UNIVERSITY PERMISSION TO REPRODUCE, USE, EXHIBIT, BROADCAST OR PUBLISH MY LIKENESS IN STILL PHOTOGRAPHS OR VIDEO CLIPS OR TAPES TAKEN IN THE COURSE OF MY PARTICIPATION IN THE ACTIVITY (“the Images”) in publications in any print or other media (including CD-ROM, Internet and any other electronic medium presently in existence or invented in the future) that are authored, controlled, produced or distributed by Bucknell University or its agents. I hereby waive any right to inspect or approve the finished product, including written copy, wherein the Images appear, and I waive any right to royalties or other compensation arising from or related to the use of the Images.

 

I agree that this WAIVER, RELEASE & INDEMNIFICATION AGREEMENT is intended to be as broad and inclusive as permitted by the laws of the State of Pennsylvania, and that if any portion herein is held to be invalid or unenforceable, the balance shall continue in full legal force and effect. This agreement and the legal relations among the parties hereto shall be governed by and construed in accordance with the laws of the State of Pennsylvania.

 

Nothing in this WAIVER, RELEASE & INDEMNIFICATION AGREEMENT shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available to Bucknell University trustees, officers, employees, agents and representatives under the Pennsylvania Governmental Immunity Act.

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