In consideration of Triangle Rock Club/Adventure Capitalists , Inc. ("TRC") giving me the opportunity to participate in climbing activities , including, but not limited to , climbing , bouldering , belaying , lowering on ropes and rescue systems at TRC , the right to engage in technical rock climbing , rock wall climbing , rock climbing classes , rappelling , other activities related in any way to rock climbing or "rock gym" activities , which I participate in ("Climbing Activities") or any other activity or service provided to me by TRC, including, but not limited to, certain fitness and yoga classes ("Exercise Activities"), I, for myself, my personal representatives, assigns, heirs, and next of kin, state and agree to the following:
ASSUMPTION AND ACKNOWLEDGEMENT OF RISK
I hereby acknowledge, agree, and represent that I understand the inherently dangerous nature of the Climbing Activities and further acknowledge that I am qualified, in good health, and in proper physical condition to participate in such activities. Additionally, I acknowledge that the Climbing Activities entail known, unknown, and unanticipated risks, seen and unseen, including, but not limited to, overexertion, falls, abrupt contact with other persons, the climbing wall, other structures and equipment, falling climbers, dropped tools or equipment, and carelessness or misjudgments, including negligence by other climbers, visitors, or TRC, which could result in physical or emotional injury, paralysis, death, or damage to property, third parties, and/or myself. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the activity and that TRC cannot guarantee my safety.
I hereby acknowledge and agree that the Exercise Activities may involve strenuous physical activity including, but not limited to, muscle strength and endurance training, cardiovascular conditioning and training, relief of muscular tension, stretching, and other various fitness activities. As is the case with any physical activity, the risk of serious injury, disability or death, is always present and cannot be entirely eliminated. I hereby elect to voluntarily participate in the Exercise Activities knowing that the associated physical activity may be hazardous to me. I further represent that I am in good physical condition and do not suffer from any known disability or condition which would prevent or otherwise limit my full participation in the Exercise Activities.
I hereby acknowledge the risks of injury and illness resulting from exposure to pathogens and communicable diseases, including but not limited to MRSA, influenza, and COVID-19, and that such diseases may be spread through person-to-person contact and transference from physical objects. Because TRC is open for use by other individuals, I recognize that use of TRC’s facilities and participation in Climbing or Exercise Activities presents a risk of contamination and that while particular rules, equipment, and personal discipline may reduce these risks, the risks of serious injury and illness do exist and are inherent in utilizing TRC’s facility. I willingly agree to comply with all health, safety, and sanitary requirements that are conditions for participation at TRC. I further represent that I have not been exposed to and/or are suffering from any illness or communicable disease and that if I observe any health hazard during my presence or participation, I will immediately remove myself from participation and notify the nearest TRC employee. I hereby elect to voluntarily participate in Climbing and Exercise Activities and use TRC’s facilities knowing that I may be exposed to pathogens or communicable diseases that could result in serious illness or death to myself or in transmission to a third party, whether caused by the active or passive negligence of TRC or otherwise.
I hereby acknowledge the risks described above and further acknowledge that there may be other risks, hazards, and dangers that, based on the circumstances, are an integral part of the Climbing Activities and Exercise Activities. I agree to assume all risk and bear full responsibility for any injury or damage I may suffer while participating in Climbing Activities and Exercise Activities, including, but not limited to, any negligence on the part of TRC, its owners, administrators, successors, agents, assigns, and employees. I hereby assume the hazard of this risk upon myself since I wish to climb. I represent that I have no physical or mental limitations which would preclude my safe use of the climbing walls, climbing equipment, or exercise equipment, or being in the landing zones ("Walls") and/or I assume all risks that may be created by such limitations. I further certify that I am not currently mentally impaired or under the influence of drugs or alcohol and am otherwise legally competent to understand and enter into this Agreement.
RELEASE, INDEMNIFICATION AND PROMISE NOT TO SUE
I hereby RELEASE, COVENANT not to sue, AND DISCHARGE, to the full extent permitted by applicable law, TRC, its owners, shareholders, investors, agents, employees, attorneys, legal representatives, successors and assigns, and its directors, officers, contractors, representatives, divisions, subsidiaries, affiliates, other participants in the Climbing Activities and Exercise Activities, and all persons and entities acting by, through, under, or in concert with them ("Releasees") from any and all liability, claims , demands , losses, or damages caused or alleged to be caused in whole or in part by the negligence of any of the Releasees or otherwise, and I further agree that if I, anyone on my behalf, or any third party makes a claim against any of the Releasees related to my visit to TRC or participation in the Climbing Activities and/or Exercise Activities, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS each of the Releasees from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as a result of such claim. This release is binding on my heirs, assigns, and agents. In the event that I file a lawsuit against Releasees, I agree to do so solely in the state court where I engaged in the Climbing and/or Exercise Activities.
FACILITY RULES AND AGREEMENTS
I will comply with ALL TRC rules, both written and as stated to me by TRC, during my participation in the Climbing Activities and/or Exercise Activities. I will obey the TRC staff in regard to those rules as they affect my safety, other participants and observers, the property of TRC, and all resources used in conjunction with Climbing Activities and/or Exercise Activities. I agree and warrant that I will inspect each portion of the Climbing Activities in which I take part and that if I find any condition which I consider to be unacceptable, hazardous, or dangerous, I will notify the TRC staff and will refuse to take part in the Climbing Activities until the condition has been corrected to my satisfaction. I understand that use of the Walls and/ or any instruction I receive at TRC is not sufficient to prepare me for the risks and hazards of indoor or outdoor climbing. Furthermore, I understand that the teaching of rock wall and rock climbing safety procedures is not allowed in the facility except by TRC staff. I understand that TRC reserves the right to refuse or terminate service for any non-discriminatory reason at any time. I am aware of the safety policy recommending the use of a protective helmet which could prevent permanent brain damage or other injury in the event of an accident. I am also aware it is my responsibility to provide and use a protective helmet according to the manufacturer's specifications while participating in the Climbing Activities. I have read this Agreement, understand its terms, understand that I have given up substantial rights by signing it, and have signed it freely and without any inducement or assurance of any nature, and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law. I also agree that if any portion of this Agreement is held to be invalid, illegal, or unenforceable, that portion of this Agreement shall be deemed separate, distinct, and independent, and shall be ineffective to the extent it (i) invalidates the remaining provisions of this Agreement under applicable law or (ii) affects the legality, validity, or enforceability of this Agreement. I hereby voluntarily waive any right that I may have to a trial by jury in any action, proceeding, or litigation involving a Releasee.
I certify that I am at least 18 years of age and that no other representations have been made to me that change, alter, or modify anything within this Agreement. Additionally, I give TRC permission to use in its marketing materials any picture in which my likeness appears unless I notify TRC in writing otherwise, and I hereby waive any right to additional consideration for the use of said pictures. This Agreement shall be construed in accordance with the laws of the State or Commonwealth in which the Climbing Activities and/or Exercise Activities took place.
Date: October 31, 2020