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Climbing Orientation and Visitor Agreement

 

CLIMBING ORIENTATION

Please read the following carefully. This orientation is extremely important for your safety and the safety of other climbers. Ask the staff if you have questions or concerns about any of the following. 

Check each box to indicate that you understand each section of the rules below.

How to Fall:

As you ascend the wall, anticipate falling and know that you could fall at any point.

After you reach the top of the climbing wall, or at any point you want to return to the floor, down-climb using any of the larger climbing holds on the wall instead of jumping down.

Clear and prepare a fall zone. Before you start your route, be sure that the area underneath the route is clear from other people, chalk bags, etc. If you have time before you fall or jump off the wall, look down to make sure your landing area is clear.

I Agree


Fall Zones:

Don't climb under anyone. If they fall you'll both be injured.

Don't climb over someone. If you fall you'll both be injured.

Don't walk through an active fall zone (the area where someone currently climbing could fall). Wait for the other climber to finish their route before you walk through. Constantly be aware of what's above you as you walk through the gym's climbing areas.

If you see anyone doing anything dangerous, let them know!

I Agree


If You are a Minor or Climbing with a Minor: 

Children 12 years of age and under must be accompanied by an adult at all times while on the climbing padding. One adult is required for every two children. 

Don't run in the gym, especially on the padding.

Exercise equipment is dangerous if used improperly. Use it properly or don't use it.

I Agree


Climbing Gym Etiquette:

Take turns climbing on routes others are working on, routes that cross paths, or routes with intersecting fall zones.

Whoever starts their climb first has the right-of-way on the climbing wall.

I Agree


Emergency Procedures:

If you or anyone else is injured, call the staff immediately or call 9-1-1.

You may use the telephone located at the check-in counter in case of an emergency.

A first-aid kit is located underneath the counter for minor injuries.

I Agree


VISITOR AGREEMENT

Please read this document carefully. It must be signed by all adult (eighteen years and older) visitors to activity sites of Vital Climbing Gym (the "Gym"), owned and operated by Vital Climbing, LLC, a California limited liability company doing business as Vital Climbing Gym (the "Company"). "Visitor" as used in this agreement refers to persons who visit an activity area of the climbing gym or a remote camping or climbing site or a portable climbing wall site of the Gym, as a participant in climbing or other activities, an observer, or otherwise. If the Visitor is a minor ("Minor Visitor"), at least one parent or legally appointed guardian (parent and guardian being referred to in this document as "Parent") must sign, as evidence of their agreement to these terms and conditions, for themselves and, to the maximum extent allowed by the laws of the State of California, on behalf of the Minor Visitor who is his or her child or ward (collectively, "Minor Visitor Child").

In consideration of the services of the Gym, I, an adult Visitor, or Parent of a Minor Visitor Child (for myself and on behalf of that Minor Visitor Child), acknowledge and agree as follows:

Activities

Activities offered by the Gym, in the climbing gym itself, include bouldering, or climbing, on structures reaching heights of 19 feet, slacklining, yoga and other group and individual fitness and exercise activities, including free weights, stationary bicycles and rowing machines. "Outside Activities" of the Gym include a portable climbing wall (at least 25 feet high); and, on occasion, camping trips to remote (one hour or more from an established trailhead) locations at which groups will engage in ordinary, including overnight, camping activities and chores. The Gym is involved only in planning the camping activities, including meals. Other activities, including hiking and climbing, are NOT supervised, except by special arrangements with the Gym coaching staff, including climbing team coaches, and are at the Visitor's sole risk. Gym activities, including Outside Activities, require moderate to heavy physical exertion. Visitors may move about the premises of the climbing gym and adjacent walkways and parking areas, and Outside Activity sites. Important: The climbing gym will be open every day, and for 24 hours each day, but will be available only to Members and their guests ("Guests") after regular "Public Hours". Times other than Public Hours are referred to herein as "Member Hours". Visitors to the gym during those Member Hours will be without supervision or even observation by Gym staff, and Visitors during those times are solely responsible for themselves and their property. Such Visitors are urged to exercise or climb with another adult Visitor. No emergency medical services will be available on site during either Public Hours or Member Hours.

Bouldering activities will not be belayed, spotted or otherwise managed by the Gym, although a climber may choose to be spotted by another Visitor at their own risk. Portable and natural wall climbers are assisted by means of anchors and natural and artificial handholds, and, depending on heights and other circumstances, may be supported in the climb by means of a "belay" - a system of ropes or cables managed by a Gym staff member. Except as explicitly agreed in writing by the Company, staff has no responsibility to assist, supervise or even observe Visitors other than those on the portable wall. I understand that holds used on artificial climbing surfaces are a convenience, not a safety feature, and they can and do break and drop. Visitors share the responsibility for managing the risks of the activities, supervised or not, and must follow the Climbing Orientation (above) and the Gym Rules, set forth at the end of this Visitor Agreement, posted in the Gym or on its website, or otherwise described by staff. Participants in Gym activities must pay attention to the condition of ropes, anchors, holds and other equipment used by them and advise staff of any damage caused or observed. I, an adult Visitor or Parent, represent that I have read or will read prior to participating in any Gym activities the Climbing Orientation and Gym Rules of the Gym and portable wall and agree that I, or the Minor Visitor Child, will abide by these and any requests or instructions of staff. If I am a Parent of a Minor Visitor, I have explained these responsibilities and rules to the Minor Visitor Child who assures me she, or he, understands them. I, an adult Visitor, or the Minor Visitor Child, have no mental or physical condition that might create risks to ourselves or to others. I understand that the Gym reserves the right to deny or terminate a Visitor's participation in its activities, at its sole discretion. 

Risks

Visitors will be exposed to risks including, among others: motor vehicle collisions while traveling to and from Outside Activities; overexertion; all manner of injury from falls, abrupt contact with other persons, projections, rock faces, and artificial and natural structures and equipment; falling climbers, and dropped tools and hardware; rope abrasion; entanglement of ropes, the failure of ropes, slings, harnesses, climbing hardware, fall protection materials and devices and other equipment; and carelessness and misjudgments, including negligence of other Visitors, staff, the Company and/or its owners, affiliates, volunteers, contractors, equipment providers, and lessors, including by failing to follow proper procedures, instructions and operating policies. If visiting a portable or remote camping or climbing wall site, Visitors will be exposed to the natural elements including inclement weather and potentially dangerous plants, animals and terrain, falling rocks and timber, burns, abrasions and cuts. EQUIPMENT RENTED FROM THE GYM IS ACCEPTED BY THE VISITOR "AS IS", WITHOUT ANY WARRANTY OF FITNESS OR CONDITION. Visitors are solely responsible for equipment owned by them and any damages caused to them or to others. Other Visitors often bring canines to the Gym (“Canines”); I agree and accept all risks and release all claims of liability relating to being bitten or injured by such Canines while at the Gym or at any Company event.  I understand that if I bring a Canine to the Gym or to any Company event, I accept all liabilities relating to any injuries or damages such Canine may cause; I also understand that if such Canine is injured at the Gym or any Company event, the Company, its agents, and its associates shall not be liable for such injuries or damages.

Assumption of Risks

The description of risks above is not intended to be complete and other risks may be encountered. The risks described, and others, including the possibility of negligence of other Visitors, staff, the Company and/or its owners, affiliates, volunteers, contractors, equipment providers, and lessors are inherent in the activities that is, they cannot be eliminated without destroying the essential nature and the social and instructional value of the activity. I understand that no amount of care, caution, instruction or expertise can eliminate the inherent dangers associated with these and other activities. Risks encountered by Visitors, in the climbing gym and traveling to and moving about Outside Activity sites, may result in all manner of trauma including breaks, sprains, burns, abrasions, serious injury and emotional trauma and even death. I acknowledge that Gym staff has been available to answer questions I may have. I have conducted a thorough visual inspection of the climbing gym and Outside Activity sites and equipment which I, or the Minor Visitor Child, will be using, have had the opportunity to review the Climbing Orientation and Gym Rules, and I, and the Minor Visitor Child, are aware of the risks and hazards associated with the activities, activity areas and equipment.

I an adult Visitor, or Parent, for myself and on behalf of a Minor Visitor Child, expressly assume ALL risks inherent and otherwise, and whether or not described above of enrollment or participation in an activity of the Gym . PROVIDED HOWEVER: If the injury or other loss occurs on U.S. government lands (including certain National Parks and Forests) whose rules or regulations are determined as a matter of law to prohibit the assumption of ALL risks, this assumption extends to inherent risks only. I and the Minor Visitor Child have discussed the activities and risks, the Orientation and Rules, and the Minor Visitor Child understands them and chooses to participate nevertheless. 

Release and Indemnity

If I am an adult Visitor or Parent (for myself and, to the extent allowed by law, on behalf of the Minor Visitor Child) I agree to release and not to sue other Visitors, staff, the Company and/or its owners, affiliates, volunteers, contractors, equipment providers, and lessors ("Released Parties") with respect to any and all claims of injury, disability, death, products liability (including strict liability), breach of warranty or other loss or damage to person or property suffered by me or by the Minor Visitor Child, arising in whole or part from my visit (or the visit of the Minor Visitor Child) to the Gym or travel to or from or visiting another activity site of the Gym. 

In addition, if I am an adult Visitor or Parent I agree to indemnify (that is, defend and satisfy by payment or reimbursement, including costs and attorney's fees) Released Parties from any and all claims of injury, disability, death, products liability (including strict liability) or other loss or damage to person or property, brought by me or by or on behalf of the Minor Visitor Child, a co-participant in the activities, a rescuer, a member of my family, or the Minor Visitor Child, or anyone else, arising out of or in any way related to a loss suffered by me or the Minor Visitor Child, or caused by me or the Minor Visitor Child. 

These agreements of release and indemnity include loss or damage caused or claimed to be caused in whole or in part by the negligence (but not the gross negligence or intentionally wrongful conduct) of a Released Party. PROVIDED HOWEVER: this Visitor Agreement is of no force or effect if the injury or other loss occurs on U.S. government lands (including certain National Parks and Forests) whose rules or regulations are determined as a matter of law to prohibit such a release.

I am aware of and specifically waive the provisions of California Civil Code Section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." I am aware of and specifically waive the provisions of California Civil Code Section 1714, which provides in pertinent part as follows: "Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person."

Climbing Gym Rules

The Gym staff reserves the right in its sole discretion to refuse entry to, or to remove any Visitor and a Visitor's Guests from, the gym or other activity site for any reason whatsoever.

The Gym is not responsible for the safekeeping, loss, theft or damage to the property of a Visitor or the Guest of a Visitor.

Visitor must review and comply with the Climbing Orientation and Gym Rules and, if a Member the Membership Agreement, and any rules provided or posted at the gym or its website and shall be responsible for such any of Visitor's Guests' compliance with and observation of the same.

Should Visitor or his/her Guest(s) damage or break any of the Gym's equipment or property, Visitor shall be liable for the cost of repair or replacement of such equipment or the property.

In the event of an emergency, the Gym is authorized to notify the person(s) listed under Visitor's emergency contact information.

All Visitors to the Gym (including Guests) must sign this Agreement.

Visitor agrees to have his or her Guest(s) read and sign this Agreement before such Guest(s) are allowed to enter or participate in any activities at the Gym. 

If a Visitor's Guest(s) during Member Hours fails to sign this Agreement, the Gym may revoke the Member's membership benefits, and the Member agrees to indemnify and hold harmless the Gym (and other Released Parties identified above) against any claim arising from any injuries, claims, suits, attorney's fees, and damages related to an injury or other loss suffered by or caused by such Guest(s).

Additional Provisions

Medical: The Gym has no medical personnel or treatment available to visitors. I hereby authorize and grant permission to the Gym to secure emergency medical treatment for me or, if the Minor Visitor Child is the Visitor, for the Minor Visitor Child. I have insurance sufficient to cover medical costs that may be incurred, and in any event I agree to be responsible for such costs.

Health: I hereby represent that I, or the Minor Visitor Child, am in good health and have no mental or physical disability, impairment, injury, disease, or ailment preventing me from engaging in Gym activities. I understand that if my, or that of the Minor Visitor Child, mental or physical condition changes after the execution of this Visitor Agreement such that I, or the Minor Visitor Child, am not capable of engaging in Gym activities, I, or the Minor Visitor Child, am obligated to cease engaging in such activities.

Media Release: I consent to the reproduction and use by the Gym of photographs, videos and other images and sound recordings of me, or the Minor Visitor Child, without compensation, for advertising or other purposes. I release the Gym and other Released Parties from any claim of violation of any personal and/or proprietary right I or the Minor Visitor Child may have in connection with such representation or use. 

Dispute Resolution: I, for myself and for the Minor Visitor Child, agree to engage in good faith efforts to mediate any dispute that might arise between me or the Minor Visitor Child and a Released Party. Should the issue not be resolved by mediation, I agree that all disputes, controversies, or claims between the parties will be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect. I agree that any dispute between a Released Party and a participant or Parent will be governed by the substantive laws (not including laws which might apply the laws of another jurisdiction) of the State of California. Any mediation or arbitration shall take place only in the State of California, and in San Diego County, California.

I VOLUNTARILY WAIVE ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN ANY ACTION INVOLVING ANY RELEASED PARTY.

I agree that I will pay all costs and attorney's fees incurred by any Released Party in defending a claim or suit brought by me, or by or on behalf of the Minor Visitor Child, if the claim is non-suited or dismissed or to the extent a court determines that the Released Party is not responsible for the claimed injury or loss. 

I have carefully read, understand and voluntarily sign this Agreement and acknowledge that it shall be effective and binding upon me, the Minor Visitor Child who is a participant, and my family, heirs, executors, administrators and representatives, or the family, heirs, executors, administrators and representatives of the Minor Visitor Child.

I agree that if any portion of this Agreement is held by a court of competent jurisdiction to be invalid, the balance of this Agreement shall continue in full force and effect.

The terms and conditions herein (as amended from time to time) constitutes the entire agreement between the Visitor and the Company (other than the Membership Agreement if Visitor is a Member) regarding the Visitor's use of the Gym and participation in Outside Activities and supersedes all previous agreements, understandings and arrangements, written or oral, between the Visitor and the Company in relation to such matters. 

I understand that each time I, or the Minor Visitor Child, visits the Gym or Outside Activity site from the date of this Agreement forward I, or the Minor Visitor Child, shall be bound by the terms and conditions herein; provided, however, a modification or replacement may be required in the future, pertaining to visits thereafter.

Any delay or failure by the Company to exercise its rights and/or remedies under this Agreement does not constitute a waiver of any of such right or remedy.

I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS AND IMPLICATIONS.

First Visitor's Name

First Name*

Last Name*

Phone*
First Visitor's Date of Birth*
First Visitor's Info
Gender*
First Visitor's Signature*
Second Visitor's Name

First Name*

Last Name*
Second Visitor's Date of Birth*
Second Visitor's Info
Gender*
Third Visitor's Name

First Name*

Last Name*
Third Visitor's Date of Birth*
Third Visitor's Info
Gender*
Fourth Visitor's Name

First Name*

Last Name*
Fourth Visitor's Date of Birth*
Fourth Visitor's Info
Gender*
Fifth Visitor's Name

First Name*

Last Name*
Fifth Visitor's Date of Birth*
Fifth Visitor's Info
Gender*
Sixth Visitor's Name

First Name*

Last Name*
Sixth Visitor's Date of Birth*
Sixth Visitor's Info
Gender*
Seventh Visitor's Name

First Name*

Last Name*
Seventh Visitor's Date of Birth*
Seventh Visitor's Info
Gender*
Eighth Visitor's Name

First Name*

Last Name*
Eighth Visitor's Date of Birth*
Eighth Visitor's Info
Gender*
Ninth Visitor's Name

First Name*

Last Name*
Ninth Visitor's Date of Birth*
Ninth Visitor's Info
Gender*
Tenth Visitor's Name

First Name*

Last Name*
Tenth Visitor's Date of Birth*
Tenth Visitor's Info
Gender*
Visitor's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or COURT-APPOINTED Legal Guardian Email Address

Email*
A signed copy of this waiver will be sent to the email address you provide.
Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*

Whose Guest Are You? (If you came in with a Member)
Parent or COURT-APPOINTED Legal Guardian Name

First Name*

Last Name*

Relationship*

Phone*
Parent or COURT-APPOINTED Legal Guardian Date of Birth*
Parent or COURT-APPOINTED Legal Guardian Info
Gender*
Parent or COURT-APPOINTED Legal Guardian Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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