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NIAGARA CLIMBING CENTER
1333 STRAD AVENUE N. TONAWANDA, NY 14120 www.niagaraclimbingcenter.com
716.695.1248

PARTICIPANT ASSUMPTION OF RISK, INDEMNITY AGREEMENT AND RELEASE

In consideration of the services of R&B Rock Gym, Inc., dba Niagara Climbing Center, 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 “NCC”). I hereby acknowledge I am 18 years old or older and agree on behalf of myself, my heirs, assigns, executor(s) or administrator, personal representative and estate, and any minor child or children I am signing for as a guardian, to release, indemnify and discharge NCC, as follows:

  1. I acknowledge that climbing the artificial climbing wall at this facility is an INHERENTLY DANGEROUS ACTIVITY that entails both known and unanticipated risks that could result in injury, paralysis, or death to myself or others. I understand that such risks cannot be eliminated without diminishing the essential qualities of the activity, and that risks also exist to non-climbers. The risks include, among other things: falling off the wall; loose and/or damaged artificial holds, failure or misuse of equipment; falling to the floor or on other persons or being fallen on, abrasions from the walls, ropes, pads or the floor; belay and/or belayer failure; climbing out of control or beyond one’s abilities; the negligence of other climbers, visitors, participants, or other persons who may be present; injuries due to over-training or my own negligence or that of my child or the person of whom I am guardian. Furthermore, I acknowledge and understand that NCC employees might be unaware of a participant’s fitness or abilities. 
  2. I willfully sign this waiver in order to acknowledge, appreciate and agree that rock climbing, portable rock wall climbing, yoga and other related activities proposed inherent extreme risk, including viral infections, bacterial infections and other communicable diseases and illnesses and while particular rules, equipment and personal discipline may reduce this risk, the risk of serious injury or death does exist.
  3. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in or observation of this activity is purely voluntary, and I elect to participate or remain in the facility despite the risks. I understand that these risks are inherent, even without any negligence, misuse of equipment or failure of equipment.
  4. I hereby release, forever discharge, and agree to indemnify, defend and hold harmless NCC from any and all costs, liabilities, damages, obligations claims, demands, or causes of action, which are in any way connected with my participation in this activity, my use of NCC’s equipment or facilities, and/or my entry into the facility, including any claims, demands or causes of action based on or arising out of alleged acts or omissions of NCC. If I am executing this document in my capacity as parent or legal guardian of a minor, my execution of this document shall be deemed to be binding upon such minor to the fullest extent permitted by law, and the agreement on my part to indemnify, defend and hold NCC harmless stated earlier in this paragraph shall apply in full to any and all costs, liabilities, damages, obligations claims, demands, or causes of action, which are in any way connected with such minor’s participation in this activity, use of NCC’s equipment or facilities, and/or entry into the facility.
  5. Should NCC 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.
  6. I certify that I have adequate insurance and/or resources to cover any injury or damage I (or any minor for whom I am signing) may cause or suffer as a result of entering the facility and/or participating in any activity within the facility, including but not limited to health insurance and coverage for economic loss. I further certify that I am willing to assume the risk of any medical or physical condition I may have, known or unknown to me at the time of signing.
  7. The laws of the State of New York shall govern this document. I understand and agree that if any provision of this document is found to be unenforceable by a Court of law, that finding shall not alter or void the remainder of the document and the rights and responsibilities expressed therein. This document shall be binding with respect to entry into this facility and/or participation in any activities on the date set forth below and at any and all times after that date.
  8. I give NCC permission to use photos or videos of myself, the participant, for promotional purposes on our website, social media and other marketing materials.
  9. I understand that indoor climbing is not the same as outdoor climbing and that additional skills are necessary for outdoor climbing that cannot be acquired at NCC.
  10. I, for myself and/or child or children, agree to engage in good faith efforts to mediate any disputes that might arise between me or my child or children and NCC. 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 that the interpretation of this Agreement and that any dispute between NCC and myself or my child or children will be governed by the substantive laws (not including laws which might apply the laws of another jurisdiction) of New York, regardless of choice of law provisions. Any mediation or arbitration shall take place in New York State.
  11. I agree to abide by the rules of the facility.


By signing this document, I acknowledge that if anyone suffers injury or death relating in any manner to entry into the facility and/or participation in any activity within the facility by myself or by a minor of whom I am parent or legal guardian, I may be found by a court of law to have waived my right or such minor’s right to maintain a lawsuit against NCC on the basis of any claim from which I have released them herein, and to be liable for damages to NCC and/or any such person.

 

I have had sufficient opportunity to read this entire document. I have read and understand it, I agree to be bound by its terms

Today's Date: January 30, 2025

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
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Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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