ACKNOWLEDGEMENT OF RISK, RELEASE OF LIABILITY, INDEMNIFICATION AGREEMENT, AND COVENANT NOT TO SUE
MAIN RELEASE FOR SPOOKY NOOK SPORTS, INC.
In consideration of being allowed to participate in any training, events and activities (“Activities”) associated with Spooky Nook Sports, Inc., a/k/a The Sports Complex, a/k/a Spooky Nook Sports, a/k/a Nook Sports, a/k/a Spooky Nook LANCO (“The Nook”), located at 2913 (“The Nook”), located at 2913 Spooky Nook Road and 1901 Miller Road in East Hempfield Township, I, the undersigned, acknowledge and agree that:
The risk of injury from the training, events and activities (“Activities”) at The Nook is significant, including the potential for permanent paralysis and death, and while particular training, skills, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist.
I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM NEGLIGENCE OF THE RELEASEES (as defined below) or others, and assume full responsibility for my participation in Activities at The Nook.
Despite such risks, I willingly agree to participate in Activities at The Nook and comply with the terms and conditions for participation in the Activities at The Nook, which I acknowledge receiving and understand completely. If I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and will notify The Nook of such hazard immediately.
I certify that I am physically and mentally fit to participate in Activities at The Nook and have not been advised by a qualified medical professional not to participate in any Activities such as those offered at The Nook. I certify that there are no health‐related reasons or problems which preclude my participation in these Activities or event and have disclosed to The Nook any underlying medical conditions.
I hereby consent to receive medical treatment which may be deemed advisable by The Nook in the event of injury, accident, and/or illness during my participation in Activities at The Nook. I agree that I will not hold the Releasees responsible for any claims resulting from any medical treatment I receive. I certify that I currently have medical/health insurance to cover any injuries that I may sustain during my participation in Activities at The Nook.
I RELEASE, WAIVE, AND DISCHARGE ANY AND ALL CLAIMS that I or my heirs, assigns, personal representatives, and next of kin, may have now or in the future against The Nook, and its officers, directors, employees, contractors, subcontractors, sponsors, suppliers, national organizations or associations, representatives, agents, affiliates, insurers, successors and assigns; other participants, teams, sponsors, and advertisers of the Activities at The Nook; and, if applicable, owners and lessors of the premises used by The Nook (collectively the “Releasees”) for any liability, expenses, loss or damage to person or property, injury, death or disability suffered from or in connection with my presence or participation in the Activities at The Nook due to any cause whatsoever, INCLUDING THE NEGLIGENCE ON THE PART OF THE RELEASEES. I HEREBY AGREE NOT TO SUE OR MAKE CLAIMS AGAINST THE RELEASEES AND GIVE UP ALL MY RIGHTS TO DO SO.
I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY INDEMNIFY, DEFEND AND HOLD HARMLESS the Releasees, WITH RESPECT TO ANY AND ALL LIABILITY, INJURY, DISABILITY, DEATH or loss or damage to person or property, or expenses or fees (including reasonable attorney’s fees) associated with my presence or participation in the Activities at The Nook, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
This Agreement contains the entire agreement between the undersigned and the Nook concerning its subject matter. This Agreement supersedes any prior agreements or understandings between Participant or Parent and the Nook concerning the subject matter of this Agreement and will remain in effect and unless and until terminated or replaced by a new written agreement.
This Agreement and any disputes arising out of or related to participant’s involvement in Activities at the Nook or this agreement shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania without regard to conflict of law principles. Jurisdiction and venue for any disputes arising out of or related to Participant’s involvement in Activities at the Nook or this Agreement shall be exclusively in the Court of Common Pleas of Lancaster County or the Federal District Court for the Eastern District of Pennsylvania.
If any provision of this Release of Liability, or the application of such provision, shall be rendered or declared invalid by a court of competent jurisdiction, or by reason of its requiring any steps, actions or results, the remaining parts or portions of this Release shall remain in full force and effect.
I HAVE READ THIS RELEASE OF LIABILITY, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
FOR PARENTS/GUARDIANS OF PARTICIPANT OF MINORITY AGE:
(Under age 18 at time of registration)
This is to certify that I am the parent or guardian of the minor Participant named above, having legal responsibility for this minor, and I do hereby consent (with the approval of my spouse, if any) to the minor’s participation in the Activities at The Nook and agree to the Release of Liability as provided above and hereby make and enter into each and every representation, certification, waiver, release, assumption and indemnity described above in the Release of Liability on behalf of myself, the minor, any other parent or guardian of the minor, and our heirs, assigns, personal representatives, and next of kin.
I agree to give up my rights, the minor’s rights, and the rights of any other parent or guardian to maintain any claim or suit against Releasees arising out of the minor's presence or participation in the Activities at The Nook. I believe and represent that I HAVE LEGAL AUTHORITY TO MAKE THESE WAIVERS AND RELEASES, and I agree to indemnify and defend the Releasees for all liability arising out of any lack of authority on my part to make such waivers and releasees.
Date signed: October 14, 2019
I hereby agree to allow Spooky Nook Sports, Inc. (“Nook Sports”) to record and publish photos and videos (including audio) of myself for the purpose of promoting Nook Sports in a manner that does not violate NCAA Bylaw 12.5.2 and for documenting and/or reporting events and activities. I understand photographs, video and/or audio tape recordings to be taken of myself and/or family members at practice, during competition, recreational play, as well as other Nook Sports related events. I understand that this media will be produced and used for promotional purposes that do not violate NCAA Bylaw 12.5.2, and I authorize Nook Sports to use my/our photograph, video and/or audio recording on its Website and social media platforms, such as Facebook, Twitter, YouTube, FourSquare and Pinterest, etc., as well as other official printed publications without further consideration. In addition, I acknowledge Nook Sports’ right to crop or treat the media at its discretion, and I also acknowledge that Nook Sports may choose not to use my/our image at this time, but may do so as its own discretion at a later date.
I also understand that once I, or my family members, image(s) have been captured, they may be posted on the Nook Sports Website or social media platforms, the image can be downloaded by any computer user on or off the premises of the Sports Complex. Nook Sports also reserves the right to discontinue use of photos without notice.
I HAVE READ THIS RELEASE OF LIABILITY AND PHOTOGRAPY RELEASE, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Date signed: October 14, 2019
ORTHOPEDIC ASSOCIATES OF LANCASTER
CONSENT FOR EMERGENCY ASSESSMENT AND TREATMENT
I consent to the performance of emergency services, including assessment and management of injuries at the Spooky Nook Sports, Inc., as may be deemed necessary or advisable and in accordance with protocols established by physicians of Orthopedics Associates of Lancaster, Ltd. I understand that services are provided by licensed athletic trainers of Orthopedic Associates of Lancaster. I understand that the licensed athletic trainers may determine that I need to be referred to a physician or a hospital emergency department for further assessment and treatment of my injury. This consent for treatment is effective until revoked.
Date signed: October 14, 2019
Spooky Nook Climbing Gym and Clip n Climb
- I will receive a facility orientation and review the Clip n Climb and/or Climbing Gym rules and safety guidelines with a Nook climbing staff member before participating in any climbing activity. It is the climber’s/parent’s responsibility to ask any questions he/she may have before participating in any Nook climbing activities. If the participant is a minor and this agreement is signed by a parent or legal guardian, I as the parent or legal guardian understand it is my responsibility to complete the orientation with my child and supervise them while climbing.
- I must check in at the Climbing Gym desk and/or the Clip N’ Climb desk before participating in any climbing activity
- Climbing is inherently dangerous! Participants must assume all risks associated with climbing. Every participant (or parent/guardian), individual operating safety systems, and anyone within the climbing areas must sign the SNS waiver/release of liability form.
- No children under the age of 13 are allowed in the climbing area without adult supervision
- Anyone utilizing an auto belay system must receive an auto belay orientation by a Nook climbing instructor
- Always double check your safety systems (knots, harnesses, carabiners, belay devices, auto belay set up, etc.) before anyone begins to climb.
- Participants who desire to top rope, lead belay or lead climb must complete the appropriate belay safety check and demonstrate the appropriate skills for each discipline before partaking in any of these activities.
- All belayers must be a minimum of 12 years old
- All personal climbing gear must be inspected by a staff member and meet UIAA or CE standards before use in our climbing facilities
- No running, jumping, or horseplay is allowed within the climbing facilities.
- Nook staff has the right to revoke climbing privileges from any participant who in the judgement of the Nook Staff creates an unsafe environment for themselves or others.
Date signed: October 14, 2019
Spooky Nook Bouldering Orientation
- I will receive a bouldering orientation and review the bouldering rules and safety guidelines with a Nook climbing staff member before participating in any climbing activity. It is the climber/parent’s responsibility to ask any questions he/she may have before participating in any Nook climbing activities. If the participant is a minor and this agreement is signed by a parent or legal guardian, I as the parent or legal guardian understand it is my responsibility to review the orientation with my child and supervise them while climbing.
- Bouldering (un-roped climbing) is only permitted in the designated bouldering area, or no higher than the first bolt (or no greater than 10 ft. in height) in areas designated for roped climbing.
- Bouldering involves increased risks because YOU WILL FALL, and falls are ground falls which could result in injury or death. Padded floors and crash pads mitigate risks, but do not and cannot guarantee prevention of injury or death. Improper pad placement or improper pad use can alsocause injury or death. Many injuries occur when you fall near or at the top of the wall and/or when you miss the crash pad or hit an edge of a crash pad.
- To reduce risk of injury:
- Down climb when possible instead of dropping/or jumping down.
- Before each climb, ensure crash pads (where present) are positioned properly so you land in the middle of the pad.
- Use a spotter to help position crash pads (where present) and ensure a clear landing zone.
- Keep landing zones clear: Do not lounge on pads or walk under climbers. Keep objects such as water bottles, chalk bags and other personal belongings clear from landing zones. Be aware at all times because you could land on or be landed on by other participants.
- Proper falling technique can reduce injuries:
- When falling, spot your landing zone.
- Stay relaxed and bend your knees and elbows.
- Pull in your arms. Avoid extending your arms to brace your fall
- As you land, absorb the impact with your legs bent and roll to the ground.
- The Nook grades boulder problems using the V-scale with V0 being the easiest, followed by V1, V2, V3, etc.
- Only top out climbs with designated top out finishes. Topping out (summiting or standing on top) is for experienced climbers.
- Use the designated down climbing route to descend form the top of the boulder, never jump from the top.
- Those who are new to bouldering should start with easier climbs (V0 to V2) and avoid climbing the full height of the wall until they are more comfortable with climbing, down climbing, performing proper falling technique, and how to utilize crash pads.
- While the Nook takes substantial measures to mitigate the risks of Bouldering, it cannot eliminate all risks. Risks of injury and death are present even when you and the Nook adhere to all available safety measures and precautions.
Date signed: October 14, 2019