Climbing wall WAIVER

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SIGNING THE DIGITAL FORM BELOW.

I, the undersigned individual, desire to participate in the Climbing Wall (the “Activities”) and otherwise use the equipment and facilities offered by Old Town Family Fun, LLC (the “Company”) DBA Riverside Miniature Golf & Event Clubhouse. As consideration for the Company permitting me to participate in the Activity and use its equipment and facilities, I, on behalf of myself and my spouse, children, parents, heirs, assigns, personal representatives, and estate (collectively, “I”), agree to release, discharge, indemnify, defend, and hold harmless the Company and each of their respective agents, affiliates, owners, officers, members, participants, employees, landlords, and all persons or entities acting in any capacity on their behalf (collectively, “Releasees”), as follows:

I acknowledge and certify, on my behalf and also on behalf of my child who also wishes to participate in the Activities (The “Participants”) (i) I am at least 18 years old; The Participants do not have any medical or physical condition(s) that would preclude them from participating in the Activity, and are not intoxicated; (ii) I have read or otherwise been apprised of, and agree to comply with, all rules relating to my participation in the Activity, as well as any instructions from the Activity operator(s), and have explained the same to my child; (iii) I have adequate insurance to cover any injury or damage we may cause or suffer while participating in the Activity, or else I agree to bear the costs of such injury or damage myself; and (iv) I freely and voluntarily assume complete personal responsibility for all risks and for my death or any injury or damage that may occur to me, my child, or my property as a result of these risks, even if such death, injury or damage occurs in a manner that is not foreseeable to me at this time. I realize that by voluntarily assuming the risks involved, I will be solely responsible for my or my child’s death or any injury or damage that we sustain.  

I acknowledge and understand that participating in the Activity inherently entails known and unanticipated risks that are characteristic of, intrinsic to, or an integral part of the Activities that could result in physical or emotional injury, paralysis, death or damage to me, to property, or to third parties, including risks related to the negligence or fault of any Releasee. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the Activity. The risks include, among other things, falling, which could result in musculoskeletal injuries including head, neck, and back injuries, paralysis, or even death.  I further acknowledge, understand, and agree that my participation in the activities is subject to the Wyoming recreation safety act (Wyoming statute § 1-1-12 through 1-1-123), and agree to assume the inherent risks of the activities as provided therein.   

I (we) hereby voluntarily agree to release Company from all liability, discharge and promise not to take legal action against Company, it’s owners, directors, officers or employees for any and all damages, liabilities, costs, expenses, claims, demands, or causes of action that we may have or that may be brought against the Company as a result of any injury or damage to Participant(s)’ person or property or which are in any way connected with Participant(s)’ participating in the activity or Participant(s)’ use of the company’s equipment or facilities, including any claims based on any negligence or fault of the Company, invasion of rights of privacy, violation of right of publicity, defamation, or appropriation. Without limiting the foregoing, we covenant and agree to waive any claim and not to institute legal proceedings against the Company for any of the claims released in this agreement.   

We understand that during the Activity and while we are otherwise using the Company’s equipment and facilities I may be photographed or videotaped. To the fullest extent allowed by law, I waive all rights of publicity and privacy and pre-approval that I have for any such likeness of me or use of my name and/or voice in connection with such likeness, and I grant to the Company and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole or part, in any form, without restrictions, and for any purpose. 

The parties agree that any and all disputes arising out of the activity, including the determination of the scope or applicability of this waiver, release, and agreement to arbitrate, shall be brought within one year of its accrual (i.e., the date of the alleged injury) and be determined by arbitration in Casper, WY before one arbitrator. The arbitration shall be administered by JAMS (f/k/a Judicial Arbitration and Mediation Services, Inc.) pursuant to Rule 16.1 EXPEDITED RULES AND PROCEDURES. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. This agreement shall be governed by and construed under the laws of Wyoming.