Today's Date: November 21, 2024
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND A WAIVER OF CERTAIN LEGAL RIGHTS. THIS DOCUMENT MUST BY SIGNED BY AN ADULT OF AT LEAST 18 YEARS OF AGE. This agreement must be signed by all visitors of Climb Time of Blue Ash Inc. (dba as Climb Time Oakley and Climb Time of Blue Ash). In consideration of the use of the premises, facilities, and services of Climb Time of Blue Ash Inc., their agents, owners, officers, volunteers, participants, employees, independent contractors and all other persons or entities acting in any capacity on their behalf and in all current Climb Time locations (herein collectively referred to as “CTOBA”). I hereby agree to release, discharge and promise not to take legal action against CTOBA, its owners, directors, employees, representatives, volunteers or agents, independent contractors and any of its landlords. I agree to release the aforementioned persons from any liability to me, my heirs, next of kin, assigns, or personal representatives for any losses, damages, claims, or demand arising out of my injuries or damages to property, even if their individual or collective negligence contributes to such injuries or damages. I certify that I am eighteen (18) years of age or older. If the visitor is a minor, this agreement must be signed by the minor's parent or legal (court appointed) guardian, who signs for themselves and, if allowed by law, the minor visitor. “Visitor” as used in this Agreement includes participants in CTOBA Activities (see below) and other persons that enter a CTOBA facility or take part in a CTOBA activity. In consideration of the services of CTOBA, I, an adult visitor or parent or legal guardian of a visitor who is a minor, acknowledge and agree as follows: ACTIVITIES: This Agreement applies to facilities operated by CTOBA (Climb Time Oakley and Climb Time of Blue Ash gym locations). Activities of CTOBA (“CTOBA Activities”) include but are not limited to the following: the use of roped (toprope, auto-belay and lead climbing) climbing walls, bouldering areas, weights and other training and fitness equipment, participation in activities or events including gear demonstrations, parties, clinics, training, yoga and other fitness classes, youth camps and classes, use of our parking areas and surrounding parking areas, the rental or borrowing or purchasing of equipment from CTOBA, and other activities and use of facilities and equipment at a CTOBA gym or elsewhere. RISKS: I recognize and understand that there are risks, hazards and danger in CTOBA Activities, inherent and otherwise, and that participation could result in injuries of all kinds, including serious injury or death. The risks involved in CTOBA Activities include, but are not limited to: hazards in traveling to and from the gym or nearby parking and moving about parking and other areas in the vicinity of the gym or other activity site; in falling, collision with objects, people or structures, falling onto uneven, worn or hard landing surfaces; being struck by other visitors or objects; loose, broken, or falling handholds or loose rock; equipment failure even if equipment is properly used; the conduct, including negligent conduct of other visitors, participants, staff, volunteers, and third parties; harm due to potential exposure to pathogens and communicable diseases; the aggravation of pre-existing conditions; risks identified by CTOBA through rules and warnings, whether written, oral or otherwise; and other foreseeable or unforeseeable risks. I accept that these and other risks are inherent in a visit to a CTOBA facility– that is, they cannot be eliminated without changing the nature of the visit and participation in CTOBA Activities. Participation in CTOBA Activities is voluntary and visitors may withdraw from participation at any time. Anyone entering a CTOBA facility is required to sign and submit a waiver before entering the climbing area (anywhere past the front check-in counter). This applies to all participants and spectating visitors. ASSUMPTION OF RISKS: Understanding these risks and dangers, and understanding that other risks will be encountered, I expressly accept and assume all risks associated with CTOBA Activities, inherent and otherwise, whether caused by or contributed to by negligent or other acts or omissions of CTOBA, and whether or not described above. My participation is purely voluntary, and I elect to participate in these activities in spite of the risks. If the visitor is a minor, I have explained the activities and risks to the minor , and the minor wishes to participate in the CTOBA Activities nevertheless. WAIVER, RELEASE OF LIABILITY, AND INDEMNITY: I, an adult visitor, or parent or guardian of a visitor who is a minor (for myself and, to the maximum extent allowed by law, on behalf of the minor) agree not to sue, and to release, discharge, indemnify and hold harmless (that is, defend and pay, including costs and attorneys’ fees) CTOBA, lessees and owners of the properties on which CTOBA Activities are conducted, and their respective members, owners, officers, managers, directors and staff (“Released Parties”), and to waive any rights, with respect to any damages, claims, liability, or causes of action arising out of or relating to my or the minor child’s visit to CTOBA facilities, or other site where CTOBA Activities take place, the use of its facilities and equipment, and participation in CTOBA Activities. The obligation to indemnify includes any claim, liability, or cause of action by third parties, including other visitors, and a member of my, or the minor visitor’s families, arising out of my, or the minor visitor’s visit to the gyms or other CTOBA activity site and/or the use of its facilities and equipment and participation in CTOBA Activities. This waiver, release and indemnity agreement include without limitation claims arising out of or relating to the negligence or strict liability of a Released Party. OTHER: 1. I, or the minor visitor, am capable of participating in CTOBA Activities and have no mental, medical, or physical condition that would cause me or the minor visitor to be a danger to ourselves or others. I warrant that I have adequate insurance, or the financial ability to otherwise cover the costs associated with any injury or damage I may suffer while participating in CTOBA Activities. 2. I understand that I am responsible for assessing the quality of my, and the minor visitor’s, climbing or fitness gear brought to the gym or other activity site and declare that it is in good condition for use. I understand that CTOBA is not liable for any lost or stolen equipment or personal items brought to CTOBA facilities 3. I understand that in order to participate in CTOBA Activities I, for myself or for the minor visitor of whom I am a parent or legal guardian, must sign this agreement; I, or the minor, must complete whatever instructional programs or reviews CTOBA requires for the particular activity; and I, or the minor, must read and abide by all of CTOBA’’s rules, warnings, and regulations. CTOBA has no duty to monitor my visit to any CTOBA gym whether or not I participate in CTOBA Activities. 4. I understand that CTOBA’s use of guidelines, reviews, tests, and rules are for its purposes at minimizing the potential for unsafe actions by visitors, and in no manner a certification of visitor capability. It is the responsibility of every visitor to evaluate their own ability and capability to ensure their own safety and the safety of others around them. Instructional programs including clinics and other training sessions also do not result in certification, as CTOBA is not a certifying agency of any sort. 5. In the event of an accident, I authorize CTOBA to provide first aid and obtain medical care, including transportation to a medical facility, for me or the minor visitor if, in the opinion of CTOBA, medical care is needed and I am unable to make such decisions for myself. I agree to pay all costs associated with such actions on the part of CTOBA, and to indemnify and hold CTOBA harmless from any consequences resulting from such care. 6. CTOBA is hereby authorized to take photos and video of me or the minor in connection with participation in CTOBA Activities and has my permission to use my, or the minor’s, name and likeness, without compensation, for marketing and other promotional purposes. 7. If a party seeks either to enforce its rights under this Agreement or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred. 8. I understand that this Agreement constitutes the entire agreement between CTOBA and myself regarding the subject matter herein, and supersedes all prior agreements, and shall continue in effect and remain in force in perpetuity from the date it is executed, and covers my, or the minor visitor’s, participation in all CTOBA Activities including use of any of CTOBA’s facilities, equipment and parking areas. 9. If any provision or part-provision herein is invalid, illegal or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable. Any such modification shall not affect the validity of the remaining provisions of this Agreement 10. This Agreement shall be construed in accordance with the laws of the State of Ohio (without any reference to its choice of law rules) and for any dispute, controversy, or claim of any kind arising out of or relating to this Visitor Agreement, including but not limited to the acts or omissions of the parties, the breach, termination, enforcement, interpretation or validity of this agreement or the determination of the scope or applicability of this agreement to arbitrate. I agree that any dispute arising from this agreement or in any way associated with the listed activities shall be brought only in the Hamilton Court of Common Pleas, and I agree to the jurisdiction and venue of this court for any such dispute. I HAVE CAREFULLY READ, UNDERSTAND, AND VOLUNTARILY SIGN THIS ACKNOWLEDGMENT AND ASSUMPTION OF RISKS, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT. I intend for it to apply to the fullest extent allowed by law, and to be binding upon members of my, or the minor child’s, family, parents, and our respective heirs, assigns, and administrators. |
