ASSUMPTION OF RISK AGREEMENT AND RELEASE OF LIABILITY
VERTICAL HOLD I and/or my child (collectively “I,” “me,” or “my”) understand and acknowledge that I have voluntarily chosen to participate in activities at Vertical Hold and/or to enter the Vertical Hold facilities, including but not limited to climbing, bouldering, belaying, spotting, fitness classes, using fitness equipment, weights, and other facilities within Vertical Hold, participation in clinics or special events, and any other activity undertaken on Vertical Hold’s premises, instruction in any activities, and observation of any activities (hereinafter collectively referred to as the “Vertical Hold Activities”). I understand that there are many alternatives to the Vertical Hold Activities, including but not limited to outdoor rock climbing and exercising on my own. I understand that I will not be supervised by Vertical Hold staff, and am solely responsible for my own actions. In consideration for my being allowed to participate in the Vertical Hold Activities and the use of the Vertical Hold facilities, I hereby agree to release and discharge from all liability Reactor Inc. dba Vertical Hold and each of its agents, owners, members, affiliates, investors, officers, directors, volunteers, employees, instructors, contractors, property owners, and all other persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as “Vertical Hold”), on behalf of myself, my children, my heirs, assigns, personal representatives, guardians, and estate as set forth herein. 1. Acknowledgment of Risk: I recognize that there are inherent and other risks, which may or may not all be listed in this document, associated with the Vertical Hold Activities. These dangers include but are not limited to falling; landing on or striking padded or unpadded surfaces; being injured by falling objects or participants; being injured by the actions or inactions of other participants, including but not limited to other participants’ failure to belay properly; movement of climbing holds; equipment failures of any kind; and physical injury as a result of engaging in physical activity. I recognize that if I encounter these risks, serious injury or death may result, and I understand that no amount of care, caution, instruction or expertise can eliminate these risks. I understand that I alone am responsible to decide whether to engage in the Vertical Hold Activities. I confirm that I am physically and mentally capable of participating in the Vertical Hold Activities, and I understand that if my mental or physical condition changes after the execution of this agreement such that I am not capable of participating in the Vertical Hold Activities, I am obligated to cease participating in the Vertical Hold Activities. 2. Assumption of Risk: Despite the risks involved in the Vertical Hold Activities and as consideration for being allowed to participate in the Vertical Hold Activities, I AGREE TO EXPRESSLY ASSUME ANY AND ALL RISK OF INJURY OR DEATH that might be associated with my participation in the Vertical Hold Activities and use of the premises and facilities at Vertical Hold, including, but not limited to: climbing, bouldering, belaying, spotting, fitness classes, using fitness equipment, weights, and other facilities within or associated with Vertical Hold, participation in clinics or special events, instruction in any activities, and/or any other activity undertaken on Vertical Hold’s premises (collectively, “Use of the Facilities”). 3. Agreement Never to Sue: I AGREE NEVER TO SUE AND I AGREE TO RELEASE FROM LIABILITY Vertical Hold for any damage, injury or death to me arising from participation in the Vertical Hold Activities or Use of the Facilities, regardless of cause, including the ALLEGED NEGLIGENCE of Vertical Hold and its personnel, including claims of negligent instruction, with the exception of claims that cannot be released under applicable law. I understand that this RELEASE OF LIABILITY will prevent me, my child, and my heirs from filing suit or making any claim for damages in the event of injury or death arising from my participation in the Vertical Hold Activities or Use of the Facilities. I UNDERSTAND THIS IS A RELEASE OF LIABILITY that will apply whenever I participate in the Vertical Hold Activities or Use of the Facilities. I understand and agree that each time I engage in Use of the Facilities and/or engage in the Vertical Hold Activities, or anyone for whom I have executed this agreement engages in Use of the Facilities and/or engages in the Vertical Hold Activities, that will constitute a renewal and reaffirmation of my and the user’s acceptance of this agreement. I UNDERSTAND AND AGREE THAT WHENEVER I ENGAGE IN THE VERTICAL HOLD ACTIVITIES OR USE OF THE FACILITIES IN THE FUTURE, THIS RELEASE WILL BE VALID AND BINDING UPON ME. 4. Indemnity: If I, my child, my heir, my estate, or my legal representative files a claim or a lawsuit arising out of my or my child’s participation in the Vertical Hold Activities or Use of the Facilities, I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Vertical Hold for any and all damages, attorney’s fees, and costs arising out of such a claim or a lawsuit. In executing this Agreement, I declare under penalty of perjury under the laws of the State of California that I am doing so only for myself and/or on behalf of persons for whom I have authority to execute. In the event that I execute this Agreement on behalf of another person, and in the event that the other person brings a claim against Vertical Hold, I AGREE TO DEFEND, INDEMNIFY, and HOLD HARMLESS Vertical Hold with respect to that claim, as set forth herein. 5. Climbing at Vertical Hold is not the same as other Rock Climbing: I understand that climbing at Vertical Hold is not the same as climbing on real rocks or on other artificial rock surfaces. I understand that the instruction I receive at Vertical Hold is not necessarily applicable to other real or artificial rock climbing and does not necessarily prepare me to climb without supervision. I further understand and accept the risk that the climbing holds used on artificial climbing surfaces are a convenience, not a safety feature, and they may break and/or fall. 6. Climbing Equipment: I understand that Vertical Hold provides rental climbing equipment, including helmets, which I may choose to use in the Vertical Hold Activities. If I instead choose to bring and use my own equipment for the Vertical Hold Activities, I assume and accept all responsibility for the proper selection, use, care, inspection, maintenance and storage of that equipment. I agree to use only climbing equipment that has been manufactured and certified for use in the type of climbing available at Vertical Hold, and acknowledge that it is my responsibility to determine what equipment to use, to determine the equipment’s suitability for this use, and to use the equipment in accordance with the manufacturer’s instructions. 7. Rules: I have read the posted Vertical Hold rules and I agree to abide by them. I understand that Vertical Hold is not responsible for enforcing these rules on me or other participants in Vertical Hold Activities. I understand that Vertical Hold, at its sole discretion, may require me to cease participating in the Vertical Hold Activities and leave the facility for failure to abide by the rules. I understand that I am solely responsible for supervising my children so that they do not pose a hazard to themselves and/or others. 8. Governing Law, Jurisdiction and Severability of Provisions. I agree that this Waiver and Release of Liability shall be governed by California law and construed as broadly as permissible under the law. In the event that I file a lawsuit against Vertical Hold, I agree to do so solely in the State of California, San Diego County, state or federal courts. I agree that if any portion of this Waiver and Release of Liability is held to be invalid, the rest shall nonetheless remain in full force and effect. This document constitutes the entire agreement between the parties and it cannot be changed or modified except in writing. 9. Photo and Video Release: I acknowledge that Vertical Hold and other participants may photograph or videotape the Vertical Hold Activities and facilities. I agree that Vertical Hold may use these recordings in any way including, but not limited to, as evidence in any litigation and for marketing purposes, without compensation to me. THIS IS AN ASSUMPTION OF RISK AGREEMENT AND RELEASE OF LIABILITY. DO NOT SIGN IT UNLESS YOU AGREE TO BE BOUND BY ITS TERMS. I HAVE CAREFULLY READ ALL PAGES OF THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A COMPLETE RELEASE OF LIABILITY AND A BINDING CONTRACT BETWEEN MYSELF AND VERTICAL HOLD, AND I SIGN IT OF MY OWN FREE WILL. I CERTIFY THAT I AM AT LEAST 18 YEARS OF AGE ON THE DATE HEREOF. PARTICIPANTS UNDER THE AGE OF 18 ARE REQUIRED TO HAVE A PARENT OR LEGAL GUARDIAN READ AND SIGN THIS AGREEMENT. Signature of Participant if Age 18 or Over OR Signature of Participant’s Parent/Legal Guardian if Under 18: Today’s Date: November 22, 2024 |
