ASSUMPTION OF RISKS, RELEASE OF LIABILITY AND INDEMNIFICATION
THIS RELEASE IS A BINDING LEGAL CONTRACT. PLEASE READ IT CAREFULLY BEFORE SIGNING.
The undersigned ("Participant") desires to use the facilities or programs of EVO Rock + Fitness, Concord, LLC, d/b/a NH Climbing & Fitness, (hereinafter “The Club”), 10 Langdon Ave., Concord, NH 03301 ("Facility"). In consideration of The Club permitting me to use the Facility, I hereby agree to be bound by the terms of this Assumption of Risks, Release of Liability and Indemnification and by the provisions of the Rules and Regulations of The Club, a copy of which has been delivered to the Participant at the time that this Release is executed and delivered by the Participant (together, the “Release”).
I hereby acknowledge, accept and agree that the sport of rock climbing, the use of The Club's climbing wall and other facilities, including but not limited to off-site events and camps, (collectively, the "Facilities'") and participation in activities, programs and trips, including camps, offered by The Club (collectively, “Programs”) involve inherent and significant risks. I am satisfied as to the information I have received regarding the Facilities and Programs and have had the opportunity to ask any questions that I wished and received thorough answers to my questions. I have examined the Facilities Program information and I am aware that there are significant inherent risks associated with rock climbing, and the other activities offered at the Facility including yoga, weightlifting, aerial yoga, and other generally understood fitness activities and principles. The use of the Facilities and participation in Programs, including but not limited to:
- All manner of injury resulting from my falling off or from the Wall or climbing site, hitting the floor or ground, wall faces and features, climbing holds, people, or rope projections, whether permanently or temporarily in place;
- Rope abrasion, entanglement and any other injuries resulting from activities on or near the Wall, including but not limited to, climbing, belaying, rappelling, lowering on ropes, rescue systems, and any other rope techniques;
- All manner of injury resulting from the actions, omissions or negligence of other participants, visitors or other persons who may be present including, but not limited to, falling climbers, or dropped items, such as, but not limited to, ropes, climbing hardware, spinning or broken holds, other wall parts, falling rocks or other objects, or personal effects;
- Cuts and abrasions resulting from skin contact with the Wall or any other surface;
Failure or misuse of ropes, harnesses, belaying equipment, automatic belaying equipment, climbing holds, anchor points, on any part of the Wall or climbing site;
- Failure to follow The Club’s posted rules and regulations, employee’s instructions, or failure to ask for information or assistance.
I further acknowledge that the above list is not inclusive of all possible risks associated with the use of the Facilities or Program participation. Transportation to and from off-site activites, including but not limted to camps, is an example of such other possible risk. I agree that such list in no way limits the extent or reach of the Release. If I see or hear anything that I feel is questionable or dangerous, it is my responsibility to ask or inform The Club’s employees until corrected or satisfactorily answered.
I certify that I have no medical, physical, or other conditions that could interfere with my ability to belay and follow or give directions while climbing, belaying or any other activity within The Club. I have read, understand, and agree to comply with The Club’s rules and regulations. I understand that indoor rock climbing is not the same as outdoor climbing and that additional skills and training are necessary for outdoor climbing that cannot be acquired indoors. I agree to seek qualified instruction before attempting to climb outdoors.
If I choose not to wear a helmet, I agree to assume all risk of personal injury and death that may occur as a result of not wearing a helmet. The Club reserves the right to use any photograph or video taken at The Club or in the course of Programs for promotion materials, brochures, and/or website, whether in the course of open climbing, during a lesson, birthday party, private group or otherwise. The Club retains exclusive rights to such photographs and videos.
I also agree to release and discharge The Club, EVO Rock + Fitness, Concord, LLC, EVO Realty, LLC, and all of their respective officers, directors, shareholders, members, partners, 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 otherwise involving the Facilities or Programs. 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 any Released Parties. I further agree to indemnify, save, and hold harmless, and defend the Released Parties from and against any loss, damage, liability, and expense, including costs and attorneys' fees, incurred by a Released Party as a result of my using the Facilities or participating in any activity sponsored by or involving The Club.
In the event of any litigation arising from or related to this Agreement, or the services provided under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorney’s fees, and all other related expenses incurred in such litigation. In the event of a no-adjudicative settlement of litigation between the parties or a resolution of a dispute by arbitration, the term “prevailing party” shall be determined by that process.
The laws of the State of New Hampshire 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 Party shall be brought solely in the New Hampshire courts of competent jurisdiction. I hereby voluntarily waive any right I may have to a trial by jury in any action, proceeding, or litigation involving any Released Party.
Date: May 28, 2020