I and/or my child (collectively “I,” “me,” or “my”) understand and acknowledge that I have voluntarily chosen to participate in activities through Pitfall Obstacle League (The League) and/or to use The League's associated facilities, including but not limited to running, jumping, parkour, balancing activities, gymnastic movement, climbing, bouldering, belaying, hanging, slacklining, lifting of heavy objects, team and partner competition, competitions, special events, instruction in any activities, and/or any other activity undertaken through one of The Leagues associated facilities. In consideration for my being allowed to participate in the Pitfall Obstacle League and any events organized by them, I hereby agree to release and discharge from all liability Pitfall Obstacle League Inc. and all of their agents, owners, members, affiliates, investors, officers, directors, volunteers, employees, instructors, contractors, all other persons or entities acting in any capacity on their behalf, landlords, and property owners (hereinafter collectively referred to as “Pitfall Obstacle League”), on behalf of myself, my children, my parents, my heirs, assigns, personal representatives, guardians and estate as set forth herein.
1. Acknowledgment of Risk: I recognize that there are inherent and other risks, which may or may not all be listed in this document, associated with the Pitfall Obstacle League Activities. These dangers include but are not limited to falling; landing on or striking padded or unpadded surfaces; being injured by falling objects or participants; being injured by the actions or inactions of other participants; movement of obstacle equipment; equipment failures of any kind; and physical injury as a result of engaging in physical activity. I recognize that if I encounter these risks, serious injury or death may result, and I understand that no amount of care, caution, instruction or expertise can eliminate these risks. I understand that I alone am responsible to decide whether to engage in the Pitfall Obstacle League Activities. I confirm that I am physically and mentally capable of participating in the Pitfall Obstacle League Activities, and I understand that if my mental or physical condition changes after the execution of this agreement such that I am not capable of participating in the Pitfall Obstacle League Activities, I am obligated to cease participating in the Pitfall Obstacle League Activities.
2. Assumption of Risk: Despite the risks involved in the Pitfall Obstacle League Activities and as consideration for being allowed to participate in the Pitfall Obstacle League Activities, I AGREE TO EXPRESSLY ASSUME ANY AND ALL RISK OF INJURY OR DEATH that might be associated with my participation in the Pitfall Obstacle League Activities and Use Of The Facilities associated with Pitfall Obstacle League, including, but not limited to: running, jumping, parkour, balancing activities, gymnastic movement, climbing, bouldering, belaying, hanging by arms or legs, slacklining, lifting of heavy objects, team and partner competition, competitions, special events, instruction in any activities, and/or any other activity undertaken through Pitfall Obstacle League on the premises of any associated facilities(collectively, “Use Of The Facilities”).
3. Agreement Never to Sue: I AGREE NEVER TO SUE AND I AGREE TO RELEASE FROM LIABILITY Pitfall Obstacle League for any damage, injury or death to me arising from participation in the Pitfall Obstacle League Activities or Use Of The Facilities, regardless of cause, including the ALLEGED NEGLIGENCE of Pitfall Obstacle League Inc. and it's affiliates, including claims of negligent instruction.
I understand that this RELEASE OF LIABILITY will prevent me, my child, and my heirs from filing suit or making any claim for damages in the event of injury or death arising from my participation in the Pitfall Obstacle League Activities or Use Of The Facilities. I UNDERSTAND THIS IS A RELEASE OF LIABILITY AND AGREE THAT IT IS VALID FOREVER, and will apply whenever I participate in the Pitfall Obstacle League Activities or Use Of The Facilities. I understand and agree that each time I use the facilities and/or engage in the Pitfall Obstacle League Activities, or anyone for whom I have executed this agreement uses the facilities and/or engages in the Pitfall Obstacle League Activities, that will constitute a renewal and reaffirmation of my and the user’s acceptance of this agreement. FURTHER, I UNDERSTAND AND AGREE THAT WHENEVER I ENGAGE IN THE PITFALL OBSTACLE LEAGUE ACTIVITIES OR USE THE FACILITIES IN THE FUTURE, THIS RELEASE WILL BE VALID AND BINDING UPON ME.
4. Indemnity: If I, my child, my heir, my estate, or my legal representative files a claim or a lawsuit arising out of my participation in the Pitfall Obstacle League Activities or Use Of The Facilities, I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Pitfall Obstacle League for any and all damages, attorney’s fees, and costs arising out of such a claim or a lawsuit.
5. Orientation and Training. I acknowledge that Pitfall Obstacle League requires me to review posted facility rules, safety signage, and additional rules posted by affiliated facilities(hereafter referred to as “orientation materials”), before participating in the Pitfall Obstacle League Activities, and I certify that I have reviewed the orientation materials and league rules prior to signing this agreement. If the participant is a minor, and this agreement is signed by a parent or legal guardian, I as the parent or legal guardian understand that it is my responsibility to review the orientation materials and posted facility rules and provide the information therein to my child. I also understand that Pitfall Obstacle League may require me to pass assessment testing prior to allowing me to participate in certain Pitfall Obstacle League Activities. I agree that I will not participate in the Pitfall Obstacle League Activities until I have reviewed and understood the orientation materials and the posted facility rules. I acknowledge and agree that I am responsible for completing the required orientation and taking any assessment test(s) applicable to my activities prior to engaging in the Pitfall Obstacle League Activities. I understand that if I need additional assistance, orientation, instruction, training or assessment at any time before or during my participation in the Pitfall Obstacle League Activities, it is my responsibility to seek such assistance, orientation, instruction, training or assessment prior to participating in any of the Pitfall Obstacle League Activities for which I need additional assistance, orientation, instruction, training or assessment.
6. Experiences and conditions will vary between competition locations: I understand that textures, friction, materials and dimentions of equipment may vary between competitions, and to some extent, during competitions. I understand that the instruction I receive at any Pitfall Obstacle League event is not necessarily applicable to other obstacles either man made or naturally occouring. I understand that the instruction I receive at Pitfall Obstacle League events does not necessarily prepare me to engage in that behavior in other settings. I further understand and accept the risk that the equipment used on obstacle courses are a convenience, not a safety feature, and they may break and/or fall.
7. Protective Helmets: I understand that wearing a helmet does not eliminate risks on obstacle courses, but acknowledge that in certain instances it can reduce the risk of permanent injury or death. I understand that Pitfall Obstacle League recommends I wear a helmet while participating or training for any events, and that if I choose not to wear a helmet, I do so against its recommendation.
8. Rules: I have read the posted Pitfall Obstacle League rules and I agree to abide by them. I understand that Pitfall Obstacle League is not responsible for enforcing these rules on me or other participants in Pitfall Obstacle League Activities. I understand that Pitfall Obstacle League, at its sole discretion, may require me to cease participating in the Pitfall Obstacle League Activities and leave the facility for failure to abide by the rules.
9. Governing Law, Jurisdiction and Severability of Provisions. This Waiver and Release of Liability shall be governed by California law and construed as broadly as permissible under the law. In the event that I file a lawsuit against Pitfall Obstacle League, I agree to do so solely in the State of California, Santa Clara County Superior Court. I agree that if any portion of this Waiver and Release of Liability is held to be invalid, the rest shall nonetheless remain in full force and effect. This document constitutes entire agreement between the parties and it cannot be changed or modified except in writing.
10. Photo and Video Release: Pitfall Obstacle League and other participants may photograph or videotape the Pitfall Obstacle League Activities and associated facilities. I agree that Pitfall Obstacle League may use these recordings in any way including, but not limited to, for marketing purposes and as evidence in any litigation. I understand that the rights to any and all video recordings of Pitfall Obstacle League competitive events are owned by Pitfall Obstacle League Inc.