I, the undersigned individual, desire to use any and all Onsight Rock Gym LLC (“Onsight Rock Gym”) facilities (the "Facility") and/or to participate in other activities at any locations, either indoor or outdoor, which are sponsored by or involve Onsight Rock Gym. In consideration of Onsight Rock Gym permitting me to use the Facility and/or permitting me to participate in activities, I have agreed to execute this Release of Liability, Assumption of Risk, Indemnification, and Participation Agreement (the “Release”).
ACKNOWLEDGMENT OF RISKS
- I acknowledge that indoor and/or outdoor rock climbing is dangerous, including but not limited to those dangers associated with climbing, descending, belaying and spotting. I understand that no amount of care, caution, instruction or expertise can eliminate the dangers associated with these and other activities.
- I confirm that I am physically and mentally capable of participating in all Onsight Rock Gym activities. I understand that if my mental or physical condition changes after the execution of this release such that I am not capable of participating in the activity or using the equipment, I am obligated to cease participation in the activities immediately.
- I acknowledge that there are certain dangers associated with the use of or participation in other than climbing-related equipment or activities, including but not limited to the use of exercise equipment or participation in group exercise classes.
- I acknowledge the hazards of climbing, including but not limited to, falling because of improperly placed gear, loose or falling equipment or gear; getting dirt or other materials in the eyes; falling because of improperly tied knots or rope technique, or improperly buckled harnesses; acts of other participants; being hit by falling persons, equipment or debris; or falling onto another person, ledge or other protrusion; cuts, bruises, muscle and tendon strain, twisted or sprained ankles, rope burns, paralysis, concussions, and even death. I understand that there are more hazards than are enumerated here, and that there are also unknown and unforeseeable hazards.
- I understand that climbing gear could become damaged or defective. I am capable of examining and assessing my own equipment that I use during a climb. If damage occurs to equipment belonging to Onsight Rock Gym while I am using it, I will bring it to the attention of the Onsight Rock Gym staff in charge so that they can evaluate the equipment.
- I have read and agree to abide by the rules listed below on this waiver as well as other rules that may be posted throughout the facilities or climbing sites.
- I acknowledge that any climbing instruction that I may receive from the Released Parties is general in nature and may not apply to all climbing conditions. I understand that any instruction that I do receive does not prepare me to climb without supervision.
RULES OF CONDUCT
- Everyone must check-in at the front desk and go through an orientation before using the facility.
- Everyone must sign a release of liability waiver or have a current copy on file prior to entering any climbing area. Anyone under the age of 18 must have the release of liability waiver signed by a parent or legal guardian.
- All Climbers must use proper climbing certified equipment. Equipment brought into Onsight Rock Gym shall be used at the sole and exclusive risk of the owner of such equipment. Use of a personal lead climbing rope is allowed, provided it’s a single UIAA approved dynamic climbing rope of at least 40 meters in length and in good condition.
- Top-rope belaying, lead belaying, and lead climbing require certification. You must have the appropriate certification issued by a qualified Onsight Rock Gym staff member before top-rope belaying, lead belaying, and/or lead climbing.
- All belayers and climbers must use proper belay technique and agree to DOUBLE CHECK and VERBALLY CONFIRM that the climber's gear, the climber's knot, the belayer's gear, and the belayer's system are set up correctly before beginning EACH AND EVERY CLIMB!
- Belaying at Onsight Rock Gym is a privilege. Belaying with excessive slack in the rope is not allowed. High speed lowering is not allowed. The Belayer must belay with the brake-hand on the braking-end of the rope AT ALL TIMES!
- Lead climbing and belaying at Onsight Rock Gym is a privilege. While lead climbing, you may not skip quickdraws. When clipping the anchors at the top of a climb, you must clip both anchors. Do not climb over or underneath another climber. Practice lead falls are not allowed in the facility except in lessons supervised by Onsight Rock Gym staff. Lead climbers that do not abide by the lead climbing rules will be warned and lead privileges may be taken away.
- Bouldering is only allowed in the Bouldering Area. When Bouldering, a minimum of one person per climber is recommended to help “spot” or re-direct a falling climber. For climbers 12 and under, a spotter is mandatory in the Bouldering Area. Climbers acknowledge that Bouldering is very dangerous. Using a spotter may not prevent injuries. Spotters understand that they may be injured while "spotting" or re-directing a falling climber.
- No belay instruction is allowed, except by an Onsight Rock Gym staff member.
- Use of loose chalk is not allowed in the gym. Chalk balls only.
- Climbers must be at least 13 years of age in order to belay, lead climb, or use exercise equipment.
- Guests age 12 and under must be accompanied by a parent or their legal guardian at all times. Parents and legal guardians of guests age 12 and under must directly supervise their children/guests at all times.
- No swinging on ropes, sitting on padded areas, running, horseplay, or foul language.
- Do not climb over or above the climbing wall structure. Only staff members are allowed behind the climbing wall.
- No food or drink allowed on the padded areas.
- Shirt and footwear are required at all times. Absolutely no bare feet in the gym!
- Do not wear climbing shoes inside the restrooms.
- Personal items are not allowed on padded surfaces. Water bottles, bags, etc., should be stored in cubbies or lockers.
- Onsight Rock Gym is not responsible for lost or stolen items.
- No climbing or belaying is allowed while under the influence of intoxicating or controlled substances, including alcohol or drugs of any kind, regardless of whether or not they were prescribed by a physician.
We reserve the right to add to the above list as we see appropriate in an effort to provide a safe environment for our patrons. Refusal to abide by any Onsight Rock Gym rules or to obey Onsight Rock Gym staff member instructions will result in the loss of climbing privileges without a refund. I AGREE THAT I HAVE READ AND FULLY UNDERSTAND THE RULES OF THE FACILITY, AND WILL ABIDE BY THOSE RULES, AS WELL AS OTHER RULES POSTED THROUGHOUT THE GYM.
ASSUMPTION OF RISK AND RELEASE OF LIABILITY
I EXPRESSLY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH MY PARTICIPATION IN OR USE OF ANY AND ALL FACILITIES OR ACTIVITIES, INCLUDING THE RISKS OF INJURY, PARALYSIS OR DEATH. MY PARTICIPATION AND USE IS PURELY VOLUNTARY AND I ELECT TO DO SO IN SPITE OF THE RISKS. I AGREE TO RELEASE AND FOREVER DISCHARGE ONSIGHT ROCK GYM LLC AND ANY OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AS WELL AS ANY OTHER PERSONS, CORPORATIONS, LANDLORDS AND PROPERTY OWNERS, OR OTHER ENTITIES THAT MIGHT HAVE ANY LIABILITY TO ME (COLLECTIVELY THE “RELEASED PARTIES”), FROM AND AGAINST ANY AND ALL DAMAGES, ACTIONS, CLAIMS, AND LIABILITIES, WHETHER KNOWN OR UNKNOWN, ANTICIPATED, SUSPECTED OR UNSUSPECTED, RELATING TO OR ARISING FROM ANY ACTIVITY, OCCURRENCE OR EVENT INVOLVING ONSIGHT ROCK GYM OR ANY OF THE RELEASED PARTIES, WITH THE EXCEPTION OF GROSS NEGLIGENCE.
MEDIATION & ARBITRATION
I (Participant and/or Participant’s parent or legal guardian), for myself and for the child, agree to engage in good faith efforts to mediate any dispute that might arise between me or the minor child 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 to pursue mediation and/or arbitration as an individual party and waive all rights to bring claim(s) as a group or class. In other words, I agree not to consolidate or join my claim(s) with any other party’s claim(s) in mediation or arbitration. The number of arbitrators shall be one. The place of mediation and/or arbitration shall be Knox County, Tennessee. Tennessee law shall apply. Judgment rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as required by law, neither a participant nor its representatives, or Onsight Rock Gym (the “Parties”), may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both Parties. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after one year from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach. This agreement applies to all claims and disputes between Onsight Rock Gym and the Participant, including the Participant’s parent, legal guardian or any person who signs on a minor Participant’s behalf. This includes, without limitation, all claims and disputes arising out of, in connection with, or relating to the Participant’s activities at the Facility or in other activities at any locations, either indoor or outdoor, which are sponsored by or involve Onsight Rock Gym.
VENUE, JURISDICTION & WAIVER OF JURY TRIAL
The laws of the State of Tennessee shall govern the rights and obligations of the parties to this Agreement and the interpretation, construction, and enforceability thereof. I agree that any lawsuit brought against the Released Parties shall be brought solely in the Circuit Court for Knox County, Tennessee. I VOLUNTARILY WAIVE ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN ANY ACTION INVOLVING ANY RELEASED PARTY.
I agree to indemnify, defend and hold harmless the Released Parties from any loss, liability, damages, expense, or costs, including attorney’s fees, incurred as a result of my participation in any activities or use of any facility. The Released Parties reserve the right to use any photograph or video taken at the Facility or at any event sponsored by Onsight Rock Gym to be used in promotional materials, brochures, and/or websites.
This agreement shall continue in perpetuity until revoked in writing by Onsight Rock Gym or replaced by a new waiver.
WARNING: A person who falsifies his or her signature below or misrepresents the capacity (as parent or legal guardian, for example) in which they sign will be considered a FORGER and in addition to other civil and criminal penalties will be deemed to have agreed to indemnify the Released Parties from and against any claim of loss asserted by or on behalf of a person whose visit to the gym was facilitated by that forgery.
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS AND IMPLICATIONS.
Date: November 16, 2019