NOTICE to Anyone Wanting to Climb on Various Properties Owned by either John or Judy Hogge

RELEASE OF CLAIMS, LIABILITY AGAINST and INDEMNITY OF RELEASEES

In order for you to climb on our properties:

  • You must sign and send this release form to 1010 Bee Creek Rd., Spicewood, TX 78669 or fax to 512-264-9929 (a combined voice/fax line), or leave it in the drop box at Monster Rock.
  • You must have our permission. At the Monster Rock property, this means reviewing the access rules posted on At the Cigar Wall property, this means our verbal permission. Anyone without permission or before signing and delivering this release is trespassing.

Participant Agreement, Release of Liability, Indemnity and Acknowledgement of Risk. In consideration of my use of various properties owned by John Hogge, Judy Hogge their respective estates, and any businesses or partnerships in which they together or separately are partial or total owners (herein collectively referred to as “Owners”), I hereby agree to release, indemnify, and discharge Owners and all other parties involved in the properties on their behalf (including but not limited to lessors, tenants, employees, subs, event coordinators, and business associates) (herein collectively referred to as “Releasees”) on behalf of myself, my children, my parents, my heirs, assigns, personal representatives and estate as follows:

  1. I acknowledge that rock climbing, rappelling, climbing development, hiking, and swimming entail known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. The risks include, among other things: the hazards of walking on uneven terrain and slips and falls; being struck by rockfall or other objects dislodged or thrown from above; the use of climbing ropes and equipment; the forces of nature such as rain and lightning; the risks of falling and hitting rock, trees, plants, ground, equipment, people and animals; the risks of insect and animal bites; my own physical condition, and the physical exertion associated with this activity.
  2. I expressly agree and promise to accept and assume all of the risksinvolved in this activity whether listed herein or not. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
  3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of The Hogge’s equipment and facilities (including but not limited to such things as fixed slings, bolts, chains, hangers, crash pads, ladders, stairs, and artificial climbing holds and walls),including any such Claims which allege negligent acts or omissions of Relesees.
  4. I expressly agree to not enter the private properties of Releasees without their permission.
  5. I agree to follow the policies described and periodically updated at and on property signs at all times. I understand that these policies may have specific restrictions regarding my minor children, possibly disallowing or limiting their rock climbing on the property.
  6. Should Releasees or anyone acting on their behalf be alleged to be liable by me or minors accompanying me or to incur attorney’s fees and costs to defend themselves against any such claims or enforce this agreement, I agree to indemnify and hold them harmless for all such damages, fees and costs.
  7. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to solely bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing toassume—and bear the costs of—all risksthat may be created, directly or indirectly, by any such condition.
  8. In the event that a lawsuit is filed against Releasees by me or anyone acting for by me or on my behalf, I agree to do so solely in state courts in Travis County, Texas, and I further 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.

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Releasees on the basis of any claim from which I have released them herein.

I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. This document and the releases, indemnities, and other agreements therein shall remain in effect until I give Releasees written notice by certified mail, return receipt requested, of my revocation thereof, which may be prospective only, and I agree not to come on to property of Releasees or participate in any climbing or other activities thereon after any such revocation. I am signing on behalf of and binding my minor children listed below hereto.

Signature of Participant:______/Names of Minors______

Print Name: ______Email: ______

City: ______State:______Street Address:______

Phone: ______Date: ______

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