Robinson Bluff Recreational Area Waiver
ACKNOWLEDGMENT OF RISK, WAIVER OF RIGHTS,
RELEASE OF LIABILITY AND AGREEMENT
Purpose of Document: The purpose of this document is to inform participants or legal guardians signing on their behalf of the many risks and dangers at Robinson Bluff. This is required so the participant or guardian can make decisions as to whether they are willing to participate knowing such risks and the legal rights they are giving up in exchange for being allowed to enter onto such property.
Risks Explained: There are many different types of risks not all of which can be described in a waiver however, the following list is meant to warn of likely and even some unlikely risks which may occur at Robinson Bluff. Not all risks can be foreseen. As with any sport there are dangers and risks the participants agree to accept as part of the challenge of the sport, it cannot be made “SAFE” but can be made safer by the decisions and choices of the participants. You must fully understand the level of risk involved and the risks associated with the sport(s) which are unforeseeable and that are inherent in order to be able to legally waive such risks. I understand my decisions as well as those of others play a part in the level of safety which occurs and that the Negligence of others or even Employees is part of the risk of climbing or using Robinson Bluff and I am agreeing to indemnify Robinson Bluff, its owners, employees and other guests and am waiving any cause of action as a result of these risks in order that I may be granted access to Robinson Bluff.
*IF FOR A MINOR: I agree to indemnify Robinson Bluff, its owners, employees and other guests on behalf of the minor child for which I am signing and have the right to do so.
Natural Risks: This property is an outdoor environment with all the risks created by nature over which Robinson Bluff has no control. These natural dangers include but are not limited to:
Falling Rock or Debris
Recreational Risks: Adventure recreational activities like those offered at Robinson Bluff, including but not limited to, backpacking, bird watching, bouldering, camping, canoeing, caving, cycling, fishing, hiking, horseback riding, ice climbing, kayaking, mountain biking, orienteering, rock climbing, tree climbing, swimming, and various outdoor and water sports come with many risks which are voluntarily accepted by the participant. I understand this recreational area can be dangerous and serious injury may occur including death, permanent injury, or paralysis. It is the responsibility of the participant to understand all risks involved. Dangers include but are not limited to:
Unstable Rock, Debris
Gear, Rope Failure
Belayer Error/Climber Error
Anchor, Fixed Gear Failure
Negligence of Others
Falling, Sliding, Slipping
Falling Rock, Gear, or Debris
Understanding of Risk: The risks explained affords a participant or guardian the opportunity to ask and have answered any questions or concerns they may have about Robinson Bluff or any activity offered before agreeing to release Robinson Bluff, its owners, staff and other users of liability. I understand after reading this Acknowledgement of Risk, Waiver of Rights, Release of Liability and Agreement I have the opportunity to ask and have answered any questions I may have concerning activities offered, this waiver, and Robinson Bluff and have initialed this line to demonstrate that all my questions have been answered to my satisfaction.
Severability: If part or parts of this Acknowledgment of Risk, Release of Liability and Waiver of Rights is deemed unenforceable or is otherwise prevented by law it shall not cause the entire document to be invalid or unenforceable but only the sections found to be invalid, unconscionable, or unenforceable.
Choice of Law: If an action is brought against Robinson Bluff LLC, its owners or its employees the parties agree such action must be brought in the State of Missouri under Missouri law in St. Francois County.
By signing this I am agreeing to indemnify Robinson Bluff LLC, its owners, employees, volunteers, and other guests against loss which means that I will provide them with a legal defense of their choosing at my expense and I will pay any damages they are responsible to pay and will pay so on their behalf in advance. I am agreeing to waive and release any claim present or future against Robinson Bluff LLC, its owners, employees, volunteers, and other guests which means that I agree I will not sue or otherwise cause or allow someone to sue on my behalf or on behalf of a minor for whom I signed and waive the right to do so and release Robinson Bluff LLC, its owners, employees, volunteers, and other guests from any liability as a result. By assuming the risk, I am stating I understand the risks of all activities offered and the use of Robinson Bluff and have accepted it as a risk I am willing to take in order to use the area and will not bring any action against Robinson Bluff LLC, its owners, employees, volunteers, and other guests on behalf of myself or a minor for whom I signed. I further agree I am specifically waiving my right to a trial by jury by signing this agreement. In order to enter or participate in any activities offered at Robinson Bluff, I am agreeing to all of the terms in this document. I understand that I am not required to agree to and sign this document but, if I do not agree to the terms in this document and sign, I will not be allowed on the property. If I do not sign this waiver and pay my entrance fee, but still enter Robinson Bluff recreational area, I am illegally trespassing and will be prosecuted. Participant is waiving a trial by jury. By signing you are swearing or affirming that all the information on this form is true and correct to the best of your knowledge and any false information will be considered FRAUD.
Attorney’s Fees: If for any reason you or someone else on behalf of yourself or on behalf of a minor for which you have signed bring legal action or other action which Robinson Bluff chooses to defend despite your signature on this waiver, you will be responsible for all of Robinson Bluff LLC’s reasonably related and necessary attorney(s)’s fees incurred in defending the action regardless of the outcome. This term is made a part of this agreement to discourage litigation and action against the Robinson Bluff despite your signing of this waiver and is agreed upon specifically as a significant term of this document.