WARNING: There are significant elements of risk in any adventure, sport or activity associated with a "rock gym", climbing wall, bouldering area, and incidental weight and fitness training regimens and equipment (referred to herein as "activity"). We wish to remind you this activity is not without risk. Certain risks cannot be eliminated without destroying the unique character of the activity. The same elements that contribute to the unique character of the activity can be causes of loss or damage to your equipment, or accidental injury, illness, or in extreme cases, permanent trauma or death. We do not want to frighten you or reduce your enthusiasm for this activity, but we do think it is important for you to know in advance what to expect and to be informed of the inherent risks.
ACKNOWLEDGMENT OF RISKS: I acknowledge that the following describes some, but not all of the risks: 1 Falls and painful crashes into wall, rocks or other obstacles; 2) Risk associated with crossing, climbing, or down climbing; 3) Equipment failure; 4) My physical strength, coordination, sense of balance, and ability to follow or give directions including while climbing, belaying, lifting, or spotting; 5) Fatigue, chill and/or dizziness, which may diminish my/our reaction time and increase the risk of accident; 6) The actions of other participants (including risks from falling climbers); and 7) risks associated with engaging in non-climbing activity.
I understand the description of these risks is not complete and that other unknown or unanticipated risks may result in injury, illness, or death.
EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: In recognition of the inherent risks of the activity which I and any minor children for which I am responsible, will engage in, I confirm that I am (we are) physically and mentally capable of participating in the activity and/or using equipment. I/We participate willingly and voluntarily and I assume full responsibility for personal injury, accidents or illness (including death), and any related expenses. I also assume responsibility for damage to or loss of my/our personal property. I also assume risk for accidents or injury caused by the negligence of my belayer or spotter whether such negligence is comparative or contributory. I am aware of the meaning of the terms "Unroped Climbing" (aka: "Bouldering"), "Top Rope Climbing", and "Lead Climbing" and understand the differences between the activities. I accept that lead climbing is the most dangerous due to the hazard to both leader and follower. I agree to be "checked out" on climbing and belaying skills prior to participation, and to follow posted rules. I acknowledge that wearing appropriate clothing and footwear are basic safety precautions, and that wearing a UIAA approved helmet may help prevent head and/or neck injuries.
I assume the risk(s) of personal injury, accidents and/or illness, including but not limited to sprains, torn muscles and/or ligaments; fractured or broken bones; eye damage; cuts, wounds, scrapes, abrasions, and/or contusions; dehydration, oxygen shortage (anoxia), exposure and/or altitude sickness; head, neck, and/or spinal injuries; insect bite or allergic reaction; shock, paralysis, and/or death.
COVENANT OF GOOD FAITH: I recognize that you, as provider of services, will operate under a covenant of good faith and fair dealing, but that you may find it necessary to terminate an activity due to forces of nature, medical necessities or problems in the group; and/or refuse or terminate, the participation of any person you judge to be incapable of meeting the rigors or requirements of participating in the activity. I accept your right to take such actions for the safety of myself and/or other participants. I acknowledge that no guarantees have been made with respect to climbing objectives.
AUTHORIZATION: I hereby authorize 5.Life, Vertical Adventures Inc., The Training Center, Climb Nittany & Chambers Purely Boulders (hereinafter collectively referred to as "VA") and its employees to provide or arrange for provision of (in each case, in its sole discretion, without undertaking a duty herein to do so) any medical treatment deemed necessary in the event of any injury or illness while participating in the activity. I either have appropriate insurance or, in its absence, agree to pay all costs of rescue and/or medical services as may be incurred on my/our behalf. I agree that any film or photographs of me/us, as participants, become your property and may be used for promotional or commercial purposes.
RELEASE: In consideration of services or property provided, I, for myself and any minor children for which I am parent, legal guardian or otherwise responsible, any heirs, personal representatives or assigns, do hereby release:
5.Life, Vertical Adventure, The Training Center, Climb Nittany & Chambers Purely Boulders
its principals, directors, officers, agents, employees and volunteers, and each and every land owner, municipal and/or governmental agency upon whose property an activity is conducted, from all liability and waive any claim for damage arising from any cause whatsoever (except that which is the result of gross negligence).
In Ohio only.
By signing and submitting this document I acknowledge (for myself and all minor children designated herein for which I am a parent or legal guardian) the climber duties set forth in Section 4175.05 of the Ohio Revised Code (as same are posted in the climbing facility), and the risks assumed by climbers set forth in Section 4175.06 of the Ohio Revised Code.
CLIMBERS ARE LEGALLY PRESUMED TO HAVE KNOWLEDGE OF, AND EXPRESSLY ASSUME THE RISKS OF LEGAL RESPONSIBILITY FOR, ANY LOSSES THAT RESULT FROM SUCH RISKS. UNDER OHIO LAW, THIS EXPRESS ASSUMPTION OF RISK IS A COMPLETE DEFENSE AGAINST LIABILITY IN TORT OR OTHER CIVIL ACTION AGAINST A CLIMBING FACILITY OPERATOR BY A CLIMBER FOR INJURIES RESULTING FROM ASSUMED RISKS OF CLIMBING.
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 FOR THIS AND ALL FUTURE CLIMBING SESSIONS AND OTHER ACTIVITY AT THE CLIMBING FACILITY.
Dated: July 4, 2020