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As a new climber, I understand that I require orientation and/or training before participating in climbing activities in this facility. I understand the facility may require me to pass an assessment or assessments prior to allowing me to participate in certain activities. I understand that if I need additional assistance, orientation, instruction, training or assessment during my participation at the climbing facility at any future time that it is my responsibility to seek such assistance, orientation, instruction, training or assessment from the climbing gym staff prior to participating in any activity for which I am not trained or qualified. My signature indicates that I understand the information above and that the climbing gym staff has presented this information to me.

Visitor Agreement Reviewed and Signed
Facility Rules Reviewed
Facility Tour or Visual Tour
Posted Warnings and Locations
Correct Use and Fitting of PPE (Rental Gear)
Climbing Rating System Explained
Policies for Minors Reviewed
Bouldering Rules Explained
Auto-belay/Top-Rope Qualification Complete

 

WARNING: There are significant elements of risk in any adventure, sport or activity associated with a "rock gym", climbing wall, bouldering area, and incidental weight and fitness training regimens and equipment (referred to herein as "activity"). We wish to remind you this activity is not without risk. Certain risks cannot be eliminated without destroying the unique character of the activity. The same elements that contribute to the unique character of the activity can be causes of loss or damage to your equipment, or accidental injury, illness, or in extreme cases, permanent trauma or death. We do not want to frighten you or reduce your enthusiasm for this activity, but we do think it is important for you to know in advance what to expect and to be informed of the inherent risks.

 

ACKNOWLEDGMENT OF RISKS:  I AM AWARE THAT ROCK CLIMBING (and the other activities described herein) IS AN INHERENTLY DANGEROUS ACTIVITY, and a recreational sporting activity that carries with it significant risks, including but not  limited to:  1) Falls and painful crashes into wall, rocks or other obstacles; 2) Risk associated with crossing, climbing, or down climbing; 3) Equipment failure; 4) My physical strength, coordination, sense of balance, and ability to follow or give directions including while climbing, belaying, lifting, or spotting; 5) Fatigue, chill and/or dizziness, which may diminish my reaction time and increase the risk of an accident; and 6) The actions of other participants (including negligence and risks from falling climbers); 7) Rope abrasion and entanglement; and 8) Risks associated with engaging in non-climbing activity.

 

I understand the description of these risks is not complete and that other unknown or unanticipated risks may result in injury,

illness, or death.

 

EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: In recognition of the inherent risks of the activity which I and/or any minor children for which I am responsible, will engage in, I confirm that I am (we are) physically and mentally capable of participating in the activity and/or using equipment. I/We participate willingly and voluntarily and I assume full responsibility for personal injury, accidents or illness (including death), and any related expenses. I also assume responsibility for damage to or loss of my/our personal property. I also assume risk for accidents or injury caused by the negligence of my belayer or spotter whether such negligence is comparative or contributory. I am aware of the meaning of the terms "Unroped Climbing" (aka: "Bouldering"), "Top Rope Climbing", and "Lead Climbing" and understand the differences between the activities. I accept that lead climbing is the most dangerous due to the hazard to both leader and follower. I agree to be "checked out" on climbing and belaying skills prior to participation, and to follow posted rules. I understand that these checks do not release us of sole responsibility for conducting my own equipment and functions checks and assume full responsibility for same, notwithstanding any inspections of the climbing gym.  I acknowledge that wearing appropriate clothing and footwear are basic safety precautions, and that wearing a UIAA approved helmet may help prevent head and/or neck injuries.

 

I assume the risk(s) of personal injury, accidents and/or illness, including but not limited to sprains, torn muscles and/or ligaments; fractured or broken bones; eye damage; cuts, wounds, scrapes, abrasions, and/or contusions; dehydration, oxygen shortage (anoxia), exposure and/or altitude sickness; head, neck, and/or spinal injuries; insect bite or allergic reaction; shock, paralysis, and/or death.

 

I acknowledge that this waiver does not relate to an essential service, but merely a voluntary recreational activity - climbing. I acknowledge that I have the option of not signing this waiver and not climbing at this particular facility.

 

COVENANT OF GOOD FAITH: I recognize that you, as provider of services, will operate under a covenant of good faith and fair dealing, but that you may find it necessary to terminate an activity due to forces of nature, medical necessities or problems in the group; and/or refuse or terminate, the participation of any person you judge to be incapable of meeting the rigors or requirements of participating in the activity. I accept your right to take such actions for the safety of myself and/or other participants. I acknowledge that no guarantees have been made with respect to climbing objectives.

 

AUTHORIZATION: I hereby authorize Vertical Adventures Inc., 5.Life, The Training Center & Chambers Purely Boulders and Climb Nittany (hereinafter referred to as “VA”) and its employees to provided or arrange for provision of (in each case, in its sole discretion, without undertaking a duty herein to do so) any medical treatment deemed necessary in the event of any injury or illness while participating in the activity.  I either have appropriate insurance or, in its absence, agree to pay all costs of rescue and/or medical services as may be incurred on my/our behalf. I agree that any film or photographs of me/us, as participants, become your property and may be used for promotional or commercial purposes.

 

RELEASE: In consideration of services or property provided, I, for myself and any minor children for which I am parent, legal guardian or otherwise responsible, and any heirs, personal representatives or assigns, do hereby discharge, release and hold harmless:

 

VERTICAL ADVENTURES, INC., 5.Life, The Training Center, Chambers Purely Boulders and Climb Nittany

 

its principals, directors, officers, agents, employees and volunteers, and each and every land owner, municipal and/or governmental agency upon whose property an activity is conducted, from all liability and waive any claim for injury or damage arising from the activities described herein, or any cause whatsoever, including negligence (but excepting that which is the result of gross negligence).

 

By signing and submitting this document I acknowledge (for myself and all minor children designated herein for which I am a parent or legal guardian) the climber duties set forth in Section 4175.05 of the Ohio Revised Code (as same are posted in the climbing facility), and the risks assumed by climbers set forth in Section 4175.06 of the Ohio Revised Code. 

 

CLIMBERS ARE LEGALLY PRESUMED TO HAVE KNOWLEDGE OF, AND EXPRESSLY ASSUME THE RISKS OF LEGAL RESPONSIBILITY FOR, ANY LOSSES THAT RESULT FROM SUCH RISKS.  UNDER OHIO AND PENNSYLVANIA LAW, THIS EXPRESS ASSUMPTION OF RISK IS A COMPLETE DEFENSE AGAINST LIABILITY IN TORT OR OTHER CIVIL ACTION AGAINST A CLIMBING FACILITY OPERATOR BY A CLIMBER FOR INJURIES RESULTING FROM ASSUMED RISKS OF CLIMBING.

 

Note:  references to Ohio law applicable to activities conducted as VA facilities in Ohio.

COVID-19 ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY.  I further acknowledge that that novel coronavirus ("COVID-19") infections have been confirmed throughout the United States, including cases in Ohio and all other states.  In accordance with the most recent guidance and protocols issued by the World Health Organization (WHO), the Centers for Disease Control and Prevention (CDC), the Governor of the State of Ohio, the Ohio Department of Health (ODH) [or with respect to VA’s State College, Pennsylvania location, the Governor of the Commonwealth of Pennsylvania and the Pennsylvania Department of Health] and other applicable local health authorities (“Public Health Agencies”) for slowing the transmission of COVID-19, I hereby agree, represent, and warrant that neither I nor any minor child of whom I am parent or guardian shall visit or utilize the facilities, services, and/or programs of VA if any such persons (i) experience symptoms of COVID-19, including, without limitation, fever or chills, cough, mental or physical fatigue, muscle or body aches, headache, loss of sensations of smell or taste, sore throat, congestion or runny nose, nausea or vomiting, diarrhea or shortness of breath or difficulty breathing, (ii) has a suspected or diagnosed/confirmed case of COVID-19 and/or (iii) has been exposed to anyone with a suspected or diagnosed/confirmed case of COVID-19.

 

I further acknowledge that VA has taken certain steps to implement recommended guidance and protocols issued by Public Health Agencies for slowing the transmission of COVID-19.  I acknowledge and agree that VA may revise its procedures at any time based on updated recommended guidance and protocols issued by Public Health Agencies and further agree to comply with VA’s procedures prior to and during utilization of the facilities, services, and/or programs of VA.  I further acknowledge and agree that, due to the nature of the facilities, services, and programs offered by VA, social/physical distancing of 6 feet per person in hands-on training, climbing, exercise and educational settings may not always be possible.  I fully understand and appreciate both the known and potential dangers of utilizing the facilities, services, and/or programs of VA and acknowledge that use thereof by me and/or any minor child of whom I am parent or guardian may, despite VA’s reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death to me, any minor child of whom I am parent or guardian and/or persons who are exposed to COVID-19 as a result of contact with the me or them.

 

IN FURTHER CONSIDERATION OF BEING PERMITTED TO USE VA’s PROGRAMS AND FACILITIES, I HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE VA, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, LESSORS AND THEIR RESPECTIVE AGENTS AND/OR ASSIGNS FROM ALL LIABILITY TO ME, any minor child of whom I am parent or guardian, AND MY/THEIR PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, AND NEXT OF KIN FOR ANY LOSS OR DAMAGE, AND/OR ANY CLAIM OR DEMAND ON ACCOUNT OF ANY PROPERTY DAMAGE OR ANY INJURY TO, AND/OR AN ILLNESS OR THE DEATH OF, ME OR THEM (OR ANY PERSON WHO MAY CONTRACT COVID-19, DIRECTLY OR INDIRECTLY, FROM ME OR THEM), WHETHER CAUSED BY THE NEGLIGENCE, ACTIVE OR PASSIVE, OF VA, ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, LESSORS, AND/OR THEIR RESPECTIVE AGENTS AND/OR ASSIGNS, ANY THIRD PARTIES AND/OR INDEPENDENT CONTRACTORS, OR OTHERWISE WHILE I OR any minor child of whom I am parent or guardian ARE IN, UPON, OR ABOUT VA’S  PREMISES OR ANY FACILITIES OR EQUIPMENT THEREIN OR THEREUPON, AND/OR PARTICIPATING IN ANY PROGRAM AFFILIATED WITH VA.

 

I FURTHER ACKNOWLEDGE THAT SECTION 2(A) OF AM. SUB. H. B. NO. 606, ENACTED BY THE OHIO GENERAL ASSEMBLY AND SIGNED INTO LAW BY OHIO GOVERNOR DEWINE ON SEPTEMBER 14, 2020, PROVIDES THAT No civil action for damages for injury, death, or loss to person or property shall be brought against any person if the cause of action on which the civil action is based, in whole or in part, is that the injury, death, or loss to person or property is caused by the exposure to, or the transmission or contraction of, MERS-CoV [the coronavirus that causes middle east respiratory syndrome], SARS-CoV [the coronavirus that causes severe acute respiratory syndrome.], or SARS-CoV-2 [the novel coronavirus that causes COVID-19], or any mutation thereof, unless it is established that the exposure to, or the transmission or contraction of, any of those viruses or mutations was by reckless conduct or intentional misconduct or willful or wanton misconduct on the part of the person against whom the action is brought.

 

 

 

Note:  references to Ohio law applicable to activities conducted as VA facilities in Ohio.

 

I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT. THIS AGREEMENT AND RELEASE SHALL REMAIN IN FULL LEGAL FORCE AND EFFECT UNLESS AND UNTIL I NOTIFY VA IN WRITING THAT  I INTEND TO VOID THE AGREEMENT, AT WHICH TIME I SHALL BE PROHIBITED FROM TAKING PART IN ANY ACTIVITIES AT FACILITIES OWNED OR OPERATED BY VA.

Dated: November 25, 2020

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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.
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