Hold Harmless Agreements are often presented to participants in recreational activities, such as climbing walls. Often times, the facility with the climbing wall will require participants to sign a “Hold Harmless Agreement” or “Release of Liability” form before a participant is allowed to use the climbing wall. The general purpose of these documents is to allow the facility to offer the recreational activity to the participants without being held liable for damages sustained by the participant while engaged in the recreational activity.
With respect to adult participants, the general rule is that releases from liability for injuries caused by negligent acts arising in the context of recreational activities are enforceable. The courts have held that hold harmless agreements need not describe the specific conduct or omission that is alleged to be negligent, but may contain language to cover a broad range of accidents by specifying injuries involving negligence on the part of the facility.
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