ROCK MILL, LTD.
(INCLUDING ASSUMPTION OF RISKS AND AGREEMENTS OF RELEASE AND INDEMNITY)
Please read this document carefully. It must be signed by all adult (eighteen years and older) visitors to Rock Mill climbing Gym, owned by Rock Candy Holds, LLC and operated by Rock Mill, Ltd (“the Gym”). “Visitor” as used in this agreement refers to persons who visit the climbing or other activity area of the Gym as a participant in Gym activities, an observer or otherwise. If the visitor is a minor, 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 Ohio, on behalf of the minor Visitor. If the minor is not accompanied by a Parent, the Gym may require that the signature of the Parent be verified by a photo copy of the Parent’s valid driver’s license.
In consideration of being allowed to visit the Gym I, an adult Visitor, or Parent of a minor Visitor (for myself and on behalf of any minor for whom I am signing this agreement), acknowledge and agree as follows:
Activities and Risks
Activities offered by the Gym include bouldering (at heights of approximately 16 feet) and, in a segregated area, individual fitness and exercise activities, including cardio and aerobic machines. Visitors may move about the premises of the Gym, including adjacent walkways and parking areas, and may gather on the adjoining lawn for special occasions. Activities require moderate to heavy physical exertion. The Visitor, adult or minor, must have no mental or physical condition that might create risks to himself or herself or to others. The Gym reserves the right to deny or terminate a Visitor’s participation in its activities, or remove the Visitor from the premises, at its sole discretion.
A Visitor who has not received Gym orientation must contact Gym staff immediately for that purpose. Bouldering activities will not be belayed, or spotted by Gym staff although a climber may choose to be spotted by another Visitor. Visitors share the responsibility for managing the risks of the activities and must follow all Gym policies and rules. Participants must pay attention to the condition of structures, 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 the Rules of the Gym before making any use of the Gym facilities or allowing any minor for whom I am signing this agreement to use the Gym facilities. If I am a Parent of a minor Visitor, I have explained these responsibilities and Rules to such minor who assures me she, or he, understands them. I agree on behalf of myself and any minor for whom I am signing this agreement that I/ we will abide by these Rules and any specific request or instruction of staff.
Visitors will be exposed to risks including, among others: overexertion; falls; abrupt contact with other persons, the climbing and other structures, machines and other equipment; falling climbers, dropped tools and hardware; the failure of machines and equipment, including, but not limited to, holds, pads and other flooring; and the carelessness, misjudgements, and negligence of other Visitors and staff, including, for example, by improperly spotting and failing to follow proper procedures, instructions, and operating policies. If outdoors, Visitors will be exposed to the natural elements including inclement weather, plants and animals and uneven terrain, all of which can cause injury. Equipment used in/ rented from the Gym is accepted by the Visitor “as is”, without warranty of fitness, condition or otherwise. I understand that the description of risks above is not intended to be complete and that other unknown or unanticipated risks, inherent and otherwise, may be encountered. The risks described and others, including the possibility of negligence of other Visitors and staff, are inherent in the activities of the Gym and moving about its premises – that is, the risks cannot be eliminated without destroying the essential nature and the social and instructional value of the visit.
Assumption of Risks
Risks encountered by Visitors, e.g. climbing or simply moving about the premises (including walkways, parking areas and lawn), may result in all manner of trauma including breaks, sprains, abrasions, serious injury, emotional upset and even death. I acknowledge that Gym staff has been available to answer questions I may have about the Gym’s activities and risks. I hereby acknowledge the risks described above and their inherency, and that other risks, inherent and otherwise, may be encountered. I expressly assume each and every risk involved with use of the Gym, and involved in the act of climbing, to the fullest extent provided for under Ohio Law, including but not limited to, A) Falls and crashes into the climbing wall, holds, rocks, or other obstacles; B) Risks associated with crossing or climbing up or down; C) Equipment failure; D) My own physical strength, coordination, sense of balance, and ability to follow or give directions while climbing, belaying, lifting, or spotting, E) Fatigue, chill, or dizziness; F) The actions of other individuals, which are not attributable to a breach of the climbing facility operator’s duties under section 4175.03 or 4175.08 of the Revised Code. I further assume the risk of all Gym-related activities and for moving about its premises, whether such risk is inherent or not, and whether or not described above. Further, I expressly assume the risk for the ongoing protection and care of my personal property brought onto the premises by myself, or my agents, and understand that the Gym and/or its staff members maintain no duty to safeguard my personal property. If I am the Parent of a minor Visitor, I accept such risks on behalf of the minor and represent that I have discussed the activities and risks with the minor child, who understands and accepts them.
Release and Indemnity
I, an adult Visitor or Parent (for myself, on behalf of the minor Visitor who is my child or ward, and on behalf of our heirs, executors, legal representatives and estate), agree to release and not to sue Rock Candy Holds, LLC, Rock Mill, Ltd., their respective owners, managers, members, officers and staff or any volunteers or sponsors involved in activities related to the Gym (“Released Parties”) with respect to any and all claims of injury, disability, death, products liability (including strict liability) or other loss or damage to person or property suffered by me or by the minor Visitor arising in whole or part from my (or the minor’s) visit to the Gym.
In addition, I, an adult Visitor or Parent, agree, on behalf of myself, my heirs, executors, legal representatives and estate, to indemnify and hold harmless (that is, defend and satisfy by payment or reimbursement, including costs and attorney’s fees) the 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 or on behalf of me, the minor Visitor who is my child or ward, another Visitor to the Gym, a member of my or the minor’s family or anyone else arising out of or in any way related to the use of the Gym by me, the minor, my family or the minor’s family, another Visitor to the Gym or anyone else, including any loss caused by, or alleged to be caused by, me, the minor, another Visitor to the Gym or anyone else.
These agreements of release and indemnity include loss or damage caused or claimed to be caused in whole or in part by the negligence of a Released Party, but not intentional wrongs or the reckless misconduct, willful and wanton misconduct or the gross negligence of a Released Party.
I acknowledge and agree to the following additional provisions:
Medical: Understanding that the Gym does not have medical personnel or treatment available to Visitors, I authorize and grant permission to the Gym to secure emergency medical treatment for myself or, if my minor child or ward is the Visitor, for the minor. I have insurance sufficient to cover medical costs that may be incurred, and, in any event, I agree to be responsible for such costs.
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 without compensation and without further notice or authorization 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 may have in connection with such representation or use.
Dispute Resolution: I, for myself and for the minor, agree to engage in good faith efforts to mediate any dispute that might arise between me or the minor 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 Visitor or Parent will be governed by the substantive laws (not including laws which might apply the laws of another jurisdiction) of the State of Ohio. Any mediation or arbitration/suit shall take place only in Summit County, Ohio.
I have carefully read, understand and voluntarily sign this agreement, electronically or physically, and acknowledge that it shall be effective and binding upon me, my minor child or ward who is a Visitor, and my, or the child’s, family, heirs, executors, administrators and representatives. I agree that if any portion of this agreement is held by a court of competent jurisdiction to be not enforceable, the remainder of the agreement shall remain in full force and effect. In deciding to be a Visitor, I, for myself and/or for the minor child, have not relied on any written or oral representations, statements or inducements other than those in this agreement.
This agreement, which consists of this and the preceding pages, will apply to my and/or to the minor’s visits to the Gym on this date and thereafter, unless and until it is replaced by a later agreement which will apply to visits thereafter. This agreement is binding upon the undersigned and his/her following listed minor child or ward for whom the undersigned is signing this agreement, if any.
Date: January 28, 2020