GYM RULES (Subject to change without notice – A complete listing of Gym Rules are posted upon entering climbing area.) 1. All participants must be certified by Vertical eXcape staff prior to climbing, belaying, lead climbing, lead belaying. 2. No instruction is allowed in the facility other than that offered by our staff. 3. No bouldering above head height! While bouldering, we recommend all participants use crashpads and spotters. 4. Participants must be a minimum of 12 years of age in order to belay. Participants under 12 years of age must be accompanied by a parent/guardian. 5. Participants under 18 years of age must have the Participant Agreement & Release of Liability form signed by a parent or court appointed legal guardian. 6. Management has the right to suspend or terminate any participant’s membership or pass for violation of any gym rules or for any conduct deemed inappropriate, disruptive or unsafe by staff. No refunds will be given for such suspension or termination. RELEASE AND ASSUMPTION OF RISK: In consideration of the above-named Participant being permitted to use the facilities of Vertical eXcape Climbing Center, and mindful of the significant risks involved with the activities incidental thereto, the undersigned, for and on behalf of the undersigned and, if Participant is other than the undersigned, for and on behalf of Participant, does hereby release and discharge 5.14 Investments LLC, d/b/a Vertical eXcape Climbing Center (hereinafter referred to as “Vertical eXcape”) from any and all liability for injury that may result from Participant’s use of the facilities of Vertical eXcape Climbing Center, and the undersigned does hereby waive and relinquish any and all actions or causes of action for personal injury, property damage, or wrongful death occurring to Participant or Participant’s property arising as a result of the use of the facilities of Vertical eXcape by Participant, or any activities incidental thereto, wherever or however such personal injury, property damage or wrongful death may occur, whether foreseen or unforeseen, and for whatever period said activities may continue. The undersigned agrees that under no circumstances will the undersigned and/or Participant, or the undersigned and/or Participant’s heirs, estate or personal representative present any claim for personal injury, property damage or wrongful death against Vertical eXcape or its employees, members, volunteers, directors, officers, agents or assigns for any of said causes of actions, whether said causes of action shall arise by the negligence of any said person or otherwise. It is the intention of the undersigned to exempt and relieve Vertical eXcape and its employees, members, volunteers, directors, officers, agents and assigns from liability for any personal injury, property damage or wrongful death caused by negligence. This contract shall be legally binding upon the undersigned and Participant, and the undersigned and Participant’s heirs, estate, and personal representative, as well as upon any and all other person authorized to act for or on behalf of the undersigned and/or Participant. The terms of this Participant Agreement and Release shall apply to each and every use of Vertical eXcape’s facilities which occur on, or at any time after the date of this Participant Agreement & Release of Liability. ACKNOWLEDGMENT: The undersigned acknowledges that there are significant elements of risk associated with the sport of rock climbing, including those activities that take place indoors. The undersigned further realizes that these risks also pertain to related activities such as bouldering, incidental weight training, team building, fitness training regimens and equipment purchased or rented at Vertical eXcape. The undersigned realizes that those risks may include, but are not limited to injuries resulting from falls, equipment failures, entanglements, falling or dropped items, or the negligence of other climbers, participants, belayers, spotters, employees, or other users of the facilities. The undersigned acknowledges and understands that the above list is not inclusive of all possible risks associated with rock climbing or the use of the Vertical eXcape facilities and that other unknown and unanticipated risks may result in injury, illness, paralysis or death. MEDICAL AUTHORIZATION: The undersigned hereby authorizes the use of any medical treatment on the undersigned and/ or Participant deemed necessary in the event of any injury or illness while participating in the use of the Vertical eXcape facility and/or its equipment. The undersigned agrees to pay all cost of any rescue and/or medical services as may be incurred on behalf of the undersigned and/or Participant. PROMOTIONAL AUTHORIZATION: The undersigned agrees that any film or photographs of the undersigned and/or Participant as users of the Vertical eXcape facility taken by Vertical eXcape staff, photographers, and/or vidoegraphers utilized by Vertical eXcape, become the property of Vertical eXcape, and may be used for promotional or commercial purposes. Furthermore, the undersigned authorizes Vertical eXcape to contact me and/or Participant via telephone, e-mail, or standard mail with promotions and special events or programs. THE UNDERSIGNED ACKNOWLEDGES THAT HE/SHE HAS CAREFULLY READ THE ABOVE RELEASE OF LIABILITY AND FULLY UNDERSTAND ITS CONTENTS AND THAT THE UNDERSIGNED FULLY AGREES WITH ITS TERMS AND CONDITIONS. THE UNDERSIGNED UNDERSTANDS THAT BY SIGNING THIS RELEASE OF LIABILITY, THE UNDERSIGNED IS KNOWINGLY AND WILLINGLY AGREEING TO RELEASE VERTICAL EXCAPE AND ITS EMPLOYEES, MEMBERS, VOLUNTEERS, DIRECTORS, OFFICERS, AGENTS AND ASSIGNS OF THEIR LIABILITY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH CAUSED BY THE NEGLIGENCE OF ANY SAID PERSON OR OTHERWISE. Dated: October 4, 2024 |