HPU ORC Rock Climbing Waiver

In consideration of being allowed to participate and use, in any way, the HPU CLIMBING WALL, the undersigned acknowledges and agrees that:

1. The risk of injury from the activities involved in these programs is significant, including the potential for minor injuries, slips, trips, falls and/or collisions, permanent disability and death, and although the risk may be reduced somewhat by particular rules, equipment, and personal discipline, the risk of serious injury to participants is an inherent aspect to these activities; and

2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, myself or others, and assume full responsibility for my participation: and

3. I agree to comply with all stated and customary terms and conditions for use of the HPU CLIMBING WALL. If I observe any unusual significant hazard while present at the CLIMBING WALL, I will remove myself from the hazard and bring the hazard to the attention of the area supervisor immediately; and

4. I, for myself, my heirs, assigns, personal representatives and next of kin, DO HEREBY RELEASE Howard Payne University and all its representatives, volunteers and employees, WITH RESPECT TO ANY AND ALL INJURY DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY incident to my involvement or participation in the HPU CLIMBING WALL and SKATEPARK activities, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, to the fullest extent permitted by law.

5. On behalf of myself, my heirs, assigns, personal representatives and next of kin, I DO HEREBY INDEMNIFY AND HOLD HARMLESS all of the Released Parties from and against any and all liabilities incident to my involvement or participation in the HPU CLIMBING WALL, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent permitted by law.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. In the event of any litigation involving any actions covered by this waiver and Assumption of Risk and Release of Liability, should HPU prevail in whole or part, you shall pay HPU’s reasonable attorney’s fees and costs, and you agree to indemnify and hold HPU and its representatives harmless from any claims, demands, or causes of action which are related to participation in these activities. You agree that if any portion of this Acknowledgment and Assumption of Risks and Release of Liability is found to be void or unenforceable, the remaining portions shall remain in full force and effect. You agree that sole jurisdiction and venue for any litigation involving any actions covered by this Waiver and Assumption of Risk and Release of Liability shall be in Brown County, Texas. I certify that I am physically fit and have no medical condition that would make my participation in this activity more hazardous. I also waive and release the use by the Released Parties of my photograph or likeness for any reason or purpose. I WANT TO PARTICIPATE IN THIS HAZARDOUS SPORT!