PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK:
In consideration of the services of SPS Management, Inc DBA: Rock Fitness, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as ("SPSRF"), I hereby agree to release, indemnify, and discharge SPSRF, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in ninja warrior, guided rock climbing and personal fitness activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: slips, trips, and falls; falling from equipment; rope burns; pinches, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, or even more severe life threatening hazards; muscular soreness, tears, strains, sprains, dislocations, fractures and broken bones; cuts, bruises, and muscle soreness; foot, ankle, leg, wrist, arm and shoulder injuries; musculoskeletal injuries including head, neck, and back; injuries to internal organs; the negligence of other people; my own physical condition; and the risk of emotional and psychological injuries or physical damage associated with this activity.
Furthermore, SPSRF personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction. 2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless SPSRF from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of SPSRF's equipment or facilities, including any such claims which allege negligent acts or omissions of SPSRF.
4. Should SPSRF or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against SPSRF, I agree to do so solely in the state of California, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against SPSRF on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at SPSRF. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
June 7, 2020
PROTECTIVE CLIMBING HEADGEAR REFUSAL AGREEMENT:
I, for myself and/or on behalf of my child or legal ward, have been fully warned and advised by SPS Management, Inc DBA: Rock Fitness (hereinafter collectively referred to as “SPSRF"), that we should purchase and/or wear a properly fitted and secured CE or UIAA certified helmet while climbing (whether on the premises of SPSRF or off the premises) in order to reduce the severity of some of our head injuries and to possibly prevent my/our death from happening as the result of a fall(s) or any other occurrence associated with this activity. We realize that we are subject to injury from this activity and that no form of preplanning can remove all of the danger to which we are exposing ourselves. Against the advice of SPSRF, the guide/instructor, numerous court cases and SPSRF’s insurance company, we are refusing this critical safety precaution.
SIGNER STATEMENT OF AWARENESS:
June 7, 2020
HEREBY ACKNOWLEDGE AND AGREE to the additional following:
1. ASSUMPTION OF RISK: I hereby acknowledge, accept and agree that the sport of rock climbing and the use of Rock Fitness facilities involve inherent risks. I have received full information regarding Rock Fitness facilities and have had the opportunity to ask any questions that I wished. I have examined the climbing wall and have full knowledge of the nature and extent of all the risks associated with rock climbing and the facilities at Rock Fitness, including, but not limited to: a. all manner of injury resulting from falling off the climbing wall and hitting the floor, the climbing wall, rock face, people or projections, whether permanently or temporarily in place; b. rope abrasion, entanglement and other injuries resulting from activities on or near the climbing wall such as, but not limited to climbing, belaying, rappelling, lowering on ropes, rescue systems, and any other rope techniques; c. injuries resulting from the actions or omissions of others, including but not limited to falling climbers or dropped items, such as, but not limited to, ropes climbing hardware, wall parts or personal effects; d. cuts and abrasions resulting from skin contact with the climbing wall or any other surface; e. failure or misuse of ropes, slings, harnesses, climbing holds, anchor points, or any part of the climbing wall; f. failure to follow Rock Fitness employee instruction 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 Rock Fitness and in no way limits the extent or reach of this assumption of risk, release and indemnification. I am aware of the safety policy recommending the use of a protective helmet which could prevent permanent brain damage or other injury in the event of an accident. I am also aware it is my responsibility to provide and use a protective helmet according to manufacturer's specifications.
2. RELEASE: In consideration of my use of Rock Fitness facilities and/or participation in any program or competition by or held at Rock Fitness facilities, I hereby release and discharge Rock Fitness, their officers, owners, affiliates, agents and employees from any and all liabilities, suits, claims, demand actions or damages (including attorneys fees and disbursement), and losses or costs of any nature whatsoever incurred by me or that are in any way related to or arising out of the use or intended use of Rock Fitness facilities whether supervised or not, including, without limitation, all claims for property damage, personal injuries or wrongful death including any such claims which allege negligent acts or omissions of Rock Fitness. The facility contains a number of cameras and web-cams and I consent to the use of such devices. I understand that during the use of the facility, web-cams and cameras may record my activities. Rock Fitness reserves the right to use climber’s likeness or images as well as any video recorded by the cameras and web-cams. I hereby grant Rock Fitness, its affiliated entities and their licensees the right to use my likeness or image and any and all video recorded by the cameras and web-cams for any purpose. Climbers are permitted to take personal photos at the facility. Anything beyond reasonable use of photography equipment by Participant for personal, non-commercial purposes shall require the express consent of Rock Fitness management.
3. INDEMNIFICATION: I hereby agree to indemnify and hold harmless Rock Fitness, their owners, members, affiliates, agents and employees, their successors, assigns or designers, engineers, installers of the artificial climbing wall from any and all causes of action, claims, demands, losses and costs of any nature whatsoever arising out of or in any way relating to my use of the Rock Fitness’s facilities, including any such claims which allege negligent acts or omissions of Rock Fitness. I understand and agree that Rock Fitness and its personnel reserves the right to deny access to its facilities to any individual, permanently or for a specified period of time, for any breach of Rock Fitness's policies, rules and regulations or for any conduct that is viewed as unsafe or inappropriate. I permit Rock Fitness to capture any form of media, be it photo or video, and agree that any such media may be used for any and all purposes that Rock Fitness sees fit.
This agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and assigns, in the event of my death. By signing this agreement, I waive the right to bring a court action to recover compensation or obtain any other remedy for any injury to myself or my property or for my death, however caused, arising out of my use of the facilities of Rock Fitness, now or anytime in the future, whether caused by Rock Fitness negligence or that of its officers, agents or employees. I agree to pay for all legal fees accumulated by Rock Fitness, incurred by any claims made by me or on my behalf. I am at least 18 years of age and otherwise legally competent to sign this agreement. This assumption of risk, release and indemnification shall be effective and binding upon me and upon my assigns, heirs, representatives, executors and administrators. (If under the age of 18, this release must also be signed and filled out below by the parent of the Minor). My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions, which could interfere with my safety in this activity, or else I am willing to assume – and bear the costs of all risks that may be created, directly or indirectly, by any such condition. I agree that the validity and enforceability of this release of liability and assumption of risk will be governed by the substantive law of California, without regard to its conflict of law rules. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. I have had sufficient opportunity to read this entire document. I have had the opportunity to ask questions about this document. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Rock Fitness on the basis of any claim from which I have released them herein.
In order to avoid any illness, serious injury, or death, Rock Fitness advises that you consult a physician before beginning an exercise program, or engaging in strenuous physical activities or diet/nutrition alternations.
By Signing I agreee that I have read and understand the above, I also agree that I have read and understand the posted rules and regulations.