|WAIVER OF LIABILITY AND BEHAVIOR AGREEMENT |
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CLIMB-ON WAIVER--PARTICIPANT’S AGREEMENT, RELEASE, AND ACKNOWLEDGEMENT OF RISK
I acknowledge that participating in climbing on an artificial, portable climbing wall, zorbing (human hamster balls), extreme air jumping or ziplining entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to me or my child. Therefore, I hereby expressly release, forever discharge, and agree to indemnify and hold harmless Climb On, Inc (hereinafter collectively referred to as “CO”), from any and all claims, demands, or causes of action, which are in any way connected with me or my child’s participation in this activity. Should CO or anyone acting on CO behalf be required to incur attorney's fees and costs to enforce this agreement, I expressly agree to indemnify and hold CO harmless for all such fees and costs. In the event that I file a lawsuit against CO I agree to do so solely in the state of California, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. 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. In consideration of me or my child being permitted by CO to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless CO from any and all claims which are brought by, or on behalf of my child, and which are in any way connected with such use or participation by my child.
IMPORTANT TO NOTE: IT IS FURTHER UNDERSTOOD THAT THE SENIOR ALL NIGHT PARTY IS NOT A DISTRICT FUNCTION.