RELEASE OF LIABILITY, WAIVER, AND ASSUMPTION OF RISKS
The undersigned individual desires to learn and/or continue to improve in the sport of rock climbing by training at premises owned and/or operated by the Cliffs* (collectively and/or individually, the “Cliffs” , “Facilities” , “Cliffs and Facilities”). In consideration for the Cliffs permitting me to use the premises including the climbing walls, bouldering walls, slacklines, ropes courses, and fitness facilities located indoors or outdoors (the “Climbing Wall”), as well as, participation in outdoor trips, I have agreed to execute this Release of Liability and Assumption of Risks (the “Release”).
I hereby acknowledge and accept and agree THAT THE SPORT OF ROCK CLIMBING AND TRAINING ON THE CLIMBING WALL(S) AND/OR OTHER RELATED ACTIVITIES AT OR ORGANIZED BY THE CLIFFS INVOLVE INHERENT RISKS. I received full information regarding the use of the Facilities and had the opportunity to ask any questions that I wished. Further, I have had the opportunity to examine the Facilities and have full knowledge of the nature and extent of all the risks associated with rock climbing and the use of the Facilities including, but not limited to:
a. All manner of injury resulting from my falling off or from the Climbing Wall and hitting the floor, wall, wall faces and/or holding covers, people or rope projections, whether permanently or temporarily in place;
b. Rope abrasion, entanglement and other injuries resulting from activities on or near the Climbing Wall, including, but not limited to, climbing, belaying, rappelling, lowering on ropes, rescue systems, and any other rope techniques;
c. Injuries resulting from the actions or omissions of others including, but not limited to, falling climbers or dropped items, such as, but not limited to, ropes, climbing hardware, wall parts, broken or loose holds, or personal effects;
d. Cuts and abrasions resulting from skin contact with the Climbing Wall or any other surface;
e. Failure or misuse of ropes, slings, harnesses, climbing holds, anchor points, or any part of the Climbing Wall;
f. Failure to follow the Cliffs’ employee’s instructions or failure to ask for information or assistance;
g. Failure to use the Climbing Wall without proper certification when necessary;
h. Dangers and injuries that may exist due to inclement weather.
I further acknowledge that the above list is not a comprehensive recitation of all possible risks associated with the use of the Facilities and I agree that such list in no way limits the extent or reach of this Release of Liability Waiver and Assumption of Risks form. If, while using the Facilities, I see or hear anything that I feel is questionable or dangerous, it is my responsibility to inform a Cliffs’ employee and follow appropriate procedures and instructions thereby given.
I expressly agree and hereby promise to accept and assume all the risks associated with the sport of rock climbing and training at the Facilities, both known and unknown. My participation in this activity is purely voluntary: I elect to participate in these activities in spite of the risks.
I hereby acknowledge that the Cliffs provide orientation and/or instruction before use of the Facilities to all visitors. The Cliffs also provide users with the option to inspect the premises and related equipment before choosing to use them. For advanced usage of the Facilities, including, but not limited to belaying and lead climbing, individuals must pass a certification test .I understand that if I need additional assistance, orientation, instruction, training or assessment during my participation at the Facilities at any future time that it is my responsibility to seek such assistance, orientation, instruction, training or assessment from The Cliffs’ staff prior to participating in any activity for which I am not trained or qualified. Gear provided by the Cliffs, if any, is intended to protect individuals from harm or negligence that may result from, but is not limited to, use of the Facilities. I agree that I have a duty to inspect and exercise good judgment and act in a responsible manner while using the Facilities or participating in any other related activity and/or outdoor trips, and to obey all oral and written instructions and warnings prior to or during use. I agree that I have a duty to refrain from using the Facilities or participating in any other related activity and/ or outdoor trips when under the influence of drugs and/or alcohol. I further agree that I am responsible for paying the appropriate rate in exchange for the use and training at the Facilities. My signature below indicates that the Cliffs’ staff has presented this information to me and I fully understand this information.
I, on behalf of myself, my spouse, children, heirs, administrators and assigns, also agree to release and discharge the Cliffs and all and each of the Cliffs’ employees, agents and representatives, as well as all other persons, corporations, or other entities that might have any liability to me (the “Released Parties”), from and against any and all damages, actions, claims and liabilities, whether known or unknown, anticipated or unanticipated, suspected or unsuspected, relating to or arising from any activity, occurrence, or event involving the Cliffs or caused by the passive or active negligence of the Released Parties. This Release is intended to release and discharge the Released Parties from all damages, actions, claims and liabilities of any nature, specifically including, but not limited to, damages, actions, claims and liabilities arising from or related to the negligence of the Released Parties. I further agree to indemnify, hold harmless, and defend the Cliffs from and against any loss, damage, liability and expense, including costs and attorneys’ fees, incurred by the Cliffs as a result of my using Facilities or participating in any activity sponsored by or involving the Cliffs.
The duration of this agreement shall continue until it is cancelled or modified by written agreement. The laws of the State of New York shall govern the rights and obligations of the parties to this Release and the interpretation, construction, and enforceability thereof. I agree that any lawsuit brought against any Released Parties shall be brought solely in the New York State Supreme Court. The Cliffs reserves the right to use any photograph taken at The Facilities, during a course, a birthday party or private group, or during a mountaineering expedition, in the Cliffs’ promotional materials, brochures, and website.
I HEREBY VOLUNTARILY WAIVE ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR LITIGATION INVOLVING ANY RELEASED PARTY.
THIS RELEASE IS A BINDING LEGAL CONTRACT. PLEASE READ IT CAREFULLY BEFORE SIGNING.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS.
*The Cliffs Climbing and Fitness facilities and/or its subsidiaries include MG Wolfert, Inc. d/b/a The Cliffs at Valhalla, Dumbo Boulders, LLC d/b/a Dumbo Boulders powered by The Cliffs, The Cliffs at Long Island City, LLC, and any other such venues owned and/or operated by The Cliffs.
Signature of Participant (18 years and older must sign):
Date: April 23, 2019
The Cliffs Climbing Center Rules and Regulations
Please read this section and sign below.
General Climbing Center Rules:
- All climbers and observers must check in at the front desk before proceeding to the padded climbing areas or fitness room.
- Climbing is inherently dangerous. Participants must assume the risks of climbing. All climbers, course participants, and individuals operating a safety system at The Cliffs must sign a release of liability form.
- The Cliffs Management and staff reserve the right to check harnesses, knots, safety systems, etc. at any time. • Individuals desiring to top rope belay at The Cliffs must take and pass the The Cliffs Tie In / Belay Test. Those individuals who do not pass or choose to not take the Tie In / Belay Test may climb (but not belay or tie knots) and must wait a minimum of 24 hours before taking or re-taking the test.
- Climbing ropes must be tied directly to the climber’s harness. “Clipping” the rope to the harness is prohibited.
- Any individual engaged in the act of belaying should take responsibility for anchoring in from their harness to the appropriate belay anchor. Weight differences between the climber and the belayer can greatly impact the safety of both individuals. Anchoring in at The Cliffs is highly recommended.
- Grabbing hold of any lighting fixtures or structural members of the building or climbing wall is prohibited at The Cliffs.
- Any person desiring to lead belay and/or lead climb must successfully pass The Cliffs Lead Belay and/or Lead Climb test. Upon successful completion of the Lead Climb test an individual may borrow a lead climb rope at the front desk. Borrowed lead ropes are to be used only by those individuals who have passed the Lead Climb test. Only The Cliffs ropes may be used for leading.
- All persons using The Cliffs are expected to respect other individuals in the Center and conduct themselves in good order. Any person deemed by the Management to be behaving in an unsafe or disorderly fashion will be asked to leave the facility. The Cliffs’ staff reserves the right to revoke belay privileges at any time.
- The use of headphones is prohibited while climbing.
- In the interest of safety, youth under the age of 14 must be supervised by an adult (18 years or older) or by a staff member of The Cliffs. Children under the age of 4 are not permitted in a padded climbing or fitness area unless engaged in a climbing activity.
- Bouldering (un-roped climbing) is permitted at The Cliffs in designated bouldering areas, or no higher than 10 feet (head height) in areas designated for roped climbing. While bouldering, it is the responsibility of the climber to be properly spotted by an individual on the ground and to position crash pads as needed.
- The auto belay system requires users to pass additional training provided by The Cliffs, includes all of the risks and rules included pursuant to the "General Climbing Center Rules", and includes additional risks and responsibilities associated with using the auto belay system.
Other Roped Activities:
- The use of slacklines or tightropes (both roped and un-roped) is permitted in designated areas only, and only with the explicit authorization of The Cliffs. Un-roped slacklines must not be higher than 5 feet in such designated areas. When slacklining, it is the responsibility of the climber to be properly spotted by an individual on the ground and to position crash pads as needed, or to be properly belayed by an authorized individual in accordance with the General Climbing Center Rules. The use of any other roped activity, including but not limited to any ropes courses established by The Cliffs, shall also be used in accordance with the General Climbing Center Rules.
I acknowledge that I have read The Cliffs’ Rules and Regulations, fully understand them, and that a copy is available for my records.
Signature of Participant (18 years and older must sign):
Date: April 23, 2019