In consideration of the use of the premises, equipment, facilities, and services of the Monadnock Climbing Gym, LLC, located at 32 Carpenter St Keene NH 03431, and permitting me to participate in onsite and/or offsite trips and/or climbing expeditions (“Trips”), I, an adult visitor (eighteen years of age or older) or the parent or legally appointed guardian (“Parent”) of a visitor who is a minor, understand, acknowledge, and agree as follows:
Activities: I understand that the activities offered by Monadnock Climbing Gym include the following: climbing on and rappelling from artificial indoor walls; bouldering; the use of auto belays and manual belay systems; independent and group exercising, including the use of exercise equipment; classes; programs; teams; competitions; otherwise moving about the Monadnock Climbing Gym premises and its outside perimeter; Trips, as well as outdoor climbing, hiking, and other adventure-related activities associated with Monadnock Climbing Gym (“Activities”). While an orientation will be provided for some Activities, and certain classes and programs are attended by staff, visitors should not assume that they are being supervised or observed in their Activities.
Risks: I understand that the Activities require moderate to heavy physical exertion and represent that neither I, nor the minor visitor (if applicable), has any mental or physical condition that might create risks to myself (or to the minor child), or to others. I understand that climbing and other Activities engaged in at Monadnock Climbing Gym and outdoors are dangerous and that visitors will be exposed to risks including, among others, the following: 1. slips, falls or collisions while traveling to and from and participating in Trips and/or using the facilities, rock climbing walls, floors, landing areas, entrances and exits, and any other facilities or equipment;
2. misuse of equipment (including, importantly, failure to properly clip into and operate the auto belays) and facilities;
3. failure of equipment, including but not limited to worn or defective safety equipment;
4. my, or the minor child’s, physical strength, coordination, sense of balance or ability to give or follow directions when climbing, belaying, using an auto belays or otherwise participating in Activities;
5. entanglements with ropes or equipment;
6. bad decision making by me or the minor child, including, if I am an adult visitor or Parent, while assisting the minor visitor in Activities;
7. the acts or omissions of other visitors and persons, including staff, which might include inadequate or faulty instructions;
8. falling items, including climbers, dropped ropes, climbing hardware, wall components, rocks, trees, or other items or personal effects;
9. illness or injury caused by plants, animals, insects, food, weather, or other matters that I or the minor might be exposed to while participating in Activities and/or Trips (“Risks”). These Risks and others are inherent to the Activities and the Monadnock Climbing Gym premises and cannot be eliminated. Assumption of Risks: I understand that the Risks described above, and others, inherent or not, may result in all manner of personal injury, including, but not limited to, trauma, including broken bones, sprains, abrasions, serious injury and even death. I acknowledge and assume all such Risks, inherent and otherwise, whether or not described above. I will carefully read and comply with the guidelines and warnings and instructional signage of Monadnock Climbing Gym. If the visitor is a minor, I, the Parent, have discussed the guidelines, warnings, Activities and Risks with the child who understands them and wishes to participate nevertheless. I assume all risks of using or not using such protective equipment. LIABILITY RELEASE AND INDEMNIFICATION: I, FOR MYSELF, OR FOR MYSELF, OR ON BEHALF OF A MINOR VISITOR , AS A CONDITION OF BEING ALLOWED TO ENGAGE IN OR OBSERVE ACTIVITIES AT THE MONADNOCK CLIMBING GYM FACILITIES AND ON TRIPS, AGREE TO RELEASE, COVENANT NOT TO SUE, HOLD HARMLESS, DEFEND, AND INDEMNIFY NORTH COUNTRY CLIMBING CENTER, LLC, ITS OWNERS, DIRECTORS, OFFICERS, VOLUNTEERS, AND EMPLOYEES (THE “RELEASED PARTIES”) WITH RESPECT TO ANY AND ALL CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM OR RELATING IN ANY WAY TO MY, OR THE MINOR’S VISIT TO N3C OR TRAVEL TO AND FROM AND PARTICIPATION IN ANY N3C RELATED ACTIVITIES AND TRIPS. THE INTENT THIS AGREEMENT IS TO SPECIFICALLY RELEASE THE RELEASED PARTIES FROM ALL LIABILITY, INCLUDING ALL LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY THE RELEASED PARTIES’ NEGLIGENCE. Other: I hereby give my permission and consent to the taking and publication of photographs, videotapes, and other images of me or the minor visitor without compensation. The terms of this agreement and any disputes between a Released Party and a visitor or Parent, related to this agreement or otherwise, will be governed by the laws of the State of New Hampshire. Any suit or mediation of the dispute will take place solely in Cheshire County, New Hampshire. I consent to the jurisdiction of such courts, for myself or on behalf of the minor visitor. This agreement is intended to be binding, to the fullest extent of the law, on all persons signing below, the minor child, if any, and their respective successors, heirs, executors, administrators and family members. It may not be altered. If any part of this document is deemed by a court of competent jurisdiction to be unenforceable the remainder shall nevertheless be in full force and effect. This agreement will govern visits to the premises of Monadnock Climbing Gym, travel to and from and participations in Activities and Trips related to Monadnock Climbing Gym on the date on which it is signed and thereafter until it is withdrawn by written notice to Monadnock Climbing Gym or replaced. Date: May 14, 2024 |
