In Consideration of being allowed access to the premises and services of The Wall Climbing Gym LLC (referred to below as “The Wall”) I, an adult participant (18 years of age or older) or the parent or legal guardian of a minor participant (for myself on behalf of the minor participant), hereby acknowledge and agree as follows:
1.) Activities and Risks: Activities of The Wall include indoor wall climbing, bouldering, slack lining, yoga and fitness classes and training, including the use of a variety of exercise and fitness machines and walking and running the outside perimeter of The Wall facility. The Wall will, from time to time, offer competitions, and special events or “camps”, which, in addition to the above, may include team building and group facilitation activities, and movement around obstacle courses. Participants – climbers, observers and others – are free to move about the premises of The Wall and to use its facilities including food concessions, the locker room, and the parking lot. Participants are expected to ask for and receive orientation and instruction in the use of equipment with which they are not familiar. In any event, participants must request and receive fall orientation before commencing any such activities. The Wall has contracted for the services of certain independent contractors, including for yoga and fitness instruction. The Wall does not control, and is not responsible for, the manner in which these contractors perform their tasks, and any dispute or claim arising from their performance is strictly between the participant and the contractor- not The Wall.
The sport of wall climbing and the use of The Wall facilities, premises and equipment involve risk which include, among others: 1) falling (including from the climbing wall and other structures), tripping, slipping, and striking objects and other persons while engaged in activities and using the facilities and moving about the premises 2) walking and running outside The Wall building, including exposure to pedestrian and vehicle traffic and the uncertainties of the terrain; 3) the failure of machines and structures; 4) over exertion and strains while engaged in activities; 5) the carelessness, including negligence, of myself and others, including staff, which might including falling climbers and dropped items, the misuse of climbing holds or part of the climbing wall, the misjudgment of my and others’ competencies and experience, my and other’s failure to follow The Wall staff instruction, or to ask for information or assistance.
I acknowledge that I have had the opportunity to ask questions about The Wall activities, risks, equipment, facilities and the premises. I have had the opportunity to examine the climbing wall and other equipment. I will read carefully and obey the posted rules and directions of staff. The risks described above and others can cause damage to my property, personal injury to others or me and even death. I agree that the above described risks are inherent in a visit to The Wall and participation in its activities- that is, without them, the visit would lose its essential character and appeal. Other risks may exist, and the above list in no way limits the scope of the assumptions of risks, and the release and indemnification that follow.
2.) Assumption of risk: I acknowledge and assume all the risks of climbing and the other activities of The Wall, moving about the premises and using the facilities and services of The Wall, as a climber or otherwise, whether or not those risks are inherent, and whether or not they are described above. If the participant is a minor, I have described these risks to the minor participant who understands them and wishes to visit The Wall nevertheless.
3.) Release and indemnity: I, an adult participant, or the parent or guardian of a participant who is a minor, for myself and on behalf of the minor, hereby release and agree not to sue The Wall Climbing Gym LLC., and their respective owners, members, shareholders, directors, officers and staff, including volunteers (“Released Parties”) with respect to any and all liabilities, suits, claims, demands, losses and costs (including attorney’s fees), incurred by me or the minor participant, that are in any way related to or arise out of my, or the minor participant’s, visit to The Wall. In addition, I agree to indemnify and hold harmless the Released Parties and each of them from any and all causes of action, claims, demands, losses and costs (including attorney’s fees) of any nature whatsoever arising out of or in any way related to my or the minor participant’s visit to The Wall. This agreement extends to all claims of every kind or nature whatsoever, foreseen or unforeseen, known or unknown and including, but not limited to claims that allege negligent (but not grossly negligent or intentionally wrongful) acts or omissions of The Wall or another Released Party. I further give my consent to whatever medical care might be provided or available on the premises
4.) Other: In order to reduce the chances of illness, serious injury, or death, The Wall advises that participants consult a physician before beginning any exercise program, or engaging in strenuous physical activities or diet/ nutrition alterations. (Please review the Warranty of Physical Fitness and other provisions of The Wall Membership Contract). If I am an adult participant, or the parent of a minor participant, I declare that I (or the minor participant) have (or has) no medical or physical condition which could endanger others or ourselves.
I give permission to The Wall to capture my image by means of any form of media, including photo or video, and agree that any such media may be used for any and all purposes that The Wall sees fit, and without compensation.
I understand and agree that The Wall and its staff reserves the right to deny access to or use of its facilities to any individual, permanently or for a specified period of time, for any breach of The Wall’s policies, rules and regulations or for any conduct that is viewed by staff as unsafe or inappropriate without my having any right to refund or reimbursement.
Iagree that I have adequate insurance to cover any injury or damage I or the minor participant may cause or suffer while participating, and in any event, I agree to bear the costs of any such injury or damage.
I agree that the validity and enforceability of this agreement will be governed by the substantive laws of California, without regard to its conflict of law rules, and any suit or mediation must be brought and maintained exclusively in San Diego County, California. For myself and, if applicable, for the minor participant, I consent to the jurisdiction of those courts. I further expressly agree that this agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any provision of this agreement shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. I have had sufficient opportunity to read this entire document. I have had the opportunity to ask questions about this document.
This agreement is intended to be effective and binding upon me, the minor participant, and upon our respective heirs, representatives, executors and administrators. This Agreement will remain in full force and effect until and unless terminated or modified by the parties, in writing.
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND AN AGREEMENT BETWEEN THE WALL AND MYSELF AND I SIGN IT ON MY OWN FREE WILL.
THIS IS A RELEASE OF LIABILITY – DO NOT SIGN IT UNLESS YOU AGREE TO BE BOUND BY ITS TERMS
Date: November 13, 2019