IMPORTANT: THIS Is a LEGAL DOCUMENT – A RELEASE of LIABILITY
Please read and understand this document before signing. If you have any questions, please ask us or consult an attorney. You are giving up specific legal rights for you, your family and your heirs, by signing this contract.
Vertical Adventures, Inc., d/b/a 5.Life, its employees, agents, directors, officers, sponsors, advertisers, volunteers, contractors, lessors and land owners (hereinafter 5.LIFE) hope that you have a rewarding experience. We wish to inform our guests that rock climbing, weight-lifting, slack-lining, and balance-boards(hereinafter CLIMBING) are not risk free. The same elements that contribute to the unique character and fun of CLIMBING such as the physical exertion or the settings can cause loss or damage to equipment, injury, illness, or in extreme cases, permanent trauma, or death. We do not want to heighten or reduce your enthusiasm for the experience, but we do want you to know in advance what to expect, and to be informed of the possible risks. We ask that you read this, sign it, and return it to our office.
ACKNOWLEDGEMENT of and EXPRESS ASSUMPTION of the RISK
There are risks that accompany all aspects of life as well as CLIMBING. Some of these risks are inherent in the activity; some are changed, increased or decreased due to the activities of 5.LIFE. You must understand and accept all the risks of the activity, inherent and others.
There are risks to all exercise, programs or yoga, including but not limited to, increased heart stress, the chance of musculoskeletal injuries, permanent trauma or death. Muscular fatigue may be experienced during or after any exercise or activity. This fatigue may be on the same day or occur several days later. The risk of injury getting on or off exercise equipment is possible. Any exercise program, whether or not requiring the use of exercise equipment, is a potentially hazardous activity.
You may develop callouses or other skin issues from the continued use. You agree to wear any safety or other equipment when exercising. If you develop any pain, fatigue, or injury that does not go away as you expect you agree to immediately see a physician.
You also have been informed of, understand and are aware that any exercise and/or fitness activities involve a risk of injury, as well as abnormal changes in blood pressure, fainting, and a remote risk of heart attack, stroke, other serious disability or death, and that you are voluntarily participating in these activities and using equipment and machinery with full knowledge, understanding and appreciation of the dangers involved. You hereby agree to expressly assume and accept all risks of injury, regardless of severity, or death.
Your health or medical condition, may be exacerbated, aggravated, triggered, or otherwise affected.
If you are using third party facilities, you understand the maintenance, inspection, repair, supervision or control of any training facility and equipment, or the failure to maintain, inspect, repair, supervise or control trainer’s sports performance and personal training facility, and equipment is a risk you may encounter as well as any latent or apparent defects or the failure to warn of any dangerous condition at a facility.
You also agree that, to your knowledge, you have no limiting physical conditions or disability that would preclude an exercise program.
You have been advised that an examination by a physician should be obtained by anyone prior to commencing a fitness and/or exercise program, or initiating a substantial change in the amount of regular physical activity performed.
You agree to make sure you completely understand any exercise or activity that you are about to engage in. You agree to ask any questions to make sure you are thoroughly familiar with the exercise, equipment or activity.
Exercising at a fitness faculty, health club or gym is not risk free. There are many hazards that you can encounter. There are Slipping/tripping hazards (e.g., equipment not returned to racks, spilled water not mopped up, children running in the free-weight area or group fitness studio during a class). Possibility of fire (e.g., from flammable materials, towels left on hot surfaces on a sauna, overloading of multi-plugs to power equipment). Injury from chemicals (e.g., cleaning fluids left in open cupboards in close proximity to child minding facility). The risks posed by moving parts of machinery (e.g., belts on treadmills, handles on cross trainers). Biological hazards (e.g., exercise participants, not wiping equipment down after use, risk spreading Hepatitis B and viruses and germs), control of bleeding when a client is injured). Fungi, bacteria, and viruses are common in wet areas such as showers and swimming pool decks. Sweat left to dry on equipment is also a breeding ground for bacteria. Bacteria can also thrive on used towels on locker room floors, weights, sweaty cardio machines, and benches that guests sit on between workouts. Electrical hazards such as electricity (e.g., power sockets close to water fountains, power cords partially severed as equipment rolls over them, power sockets in crèche without child proofing). Ergonomic hazards (e.g., heavy free weights left lying on the floor, or machines left fully loaded with weight). Social hazards (e.g., alcohol/steroid abuse, eating disorders)
Balance boards, slack lines, balance beams and other features where you are attempting to maintain your balance create a risk of falling. Make sure when undertaking any balance type of feature the area where you may fall is free of obstructions and the landing area is sufficient for the height you may fall.
Always remember: Don’t lift weights that are too heavy. Always use a spotter if you are using free weights or unsure of the equipment or your abilities. Do not overexert yourself when lifting. Be aware of falling free weights from your equipment or others. Although the equipment is maintained, always check the equipment before use to make sure no damage has been done to the equipment since it’s last inspection.
Do not exercise or climb if you are experiencing any of the following: If any of the following factors apply to you now or in the future, consult your physician before increasing your physical activity level or proceeding with a fitness evaluation/test or training program: heart disease, numbness in the shoulders or arms, fainting/dizzy spells, high or low blood pressure, high cholesterol, bone and/or joint pain, unaccustomed to regular exercise, on medication, recent illness, diabetes, epilepsy/seizures, recent surgery, under/overweight, chest pains, pregnant, a smoker, male over 45 years of age or female over 55 years of age. While 5.LIFE endeavors to create a safe and healthy environment for all guests, it does not retain physicians on staff. Therefore, it is up to each guest to monitor their own activities and understand their limits. All guests are responsible for securing their own health insurance. 5.LIFE does not provide medical coverage for injuries sustained on the premises or while participating in club-sponsored activities and events, whether on the premises or not.
Participants should report malfunctioning lights, temperature fluctuations, malfunctioning or faulty equipment or any other maintenance or safety concerns to the 5.LIFE employee.
This agreement includes, but is not limited to, claims based on the following: 5.LIFE’s improper maintenance of its equipment (mechanical or otherwise), grounds or facilities, negligent instruction or supervision, including personal training, group fitness classes, and rehabilitation and treatments, or inadequate security of staffing, the guests’ use of the 5.LIFE facilities, services, or equipment, and/or slipping or tripping anywhere in or about 5.LIFE or any location in which 5.LIFE operates, or the surrounding area. Such facilities include, but are not limited to: exercise equipment, exercise rooms, weight rooms, locker rooms, sidewalks, parking lots, stairs, pools, spa tubs, day spa, steam room, tennis courts, or lobby area. Such risk of injury includes, but is not limited to: injuries arising from the participation by any of the guests, or others in supervised or unsupervised activities at 5.LIFE, injuries and medical disorders, including, but not limited to, death, heart attacks, strokes, heat stress, sprains, broken bones, and injured muscles or ligaments, among others, arising from exercise, classes, or activities, and accidental injuries occurring anywhere in or about 5.LIFE, including its locker rooms, showers, and other facilities.
The climbing gym has specific instructions and testing to climb, to climb in specific areas or part of the wall, lead climb or use auto belays. Make sure you have completed the education and successfully passed the test to climb or use specific equipment before proceeding.
Before climbing make sure you understand your harness and the equipment you will be using. Make sure your harness is on correctly, and you are properly tied into the rope or belay system. Double back your harness waist loop strap. If you have any doubts or concerns ask an employee. Always tie or clip into the rope or belay system using the proper point on the harness and the rope or belay system. Test all knots, buckles and close all carabiners before climbing. Make sure your belayer is using the belay system properly and understands the communication system you will be using. Always have your belayer double-check your harness and tie in as you double check his harness and belay system.
As you tie in examine the rope and equipment to make sure they are in good working order with no worn places or frays. Do the same with your harness before putting it on. Look for frayed edges or threads that are coming out, which is a sign the harness may be getting old. Always replace your harness, rope or equipment after any signs of wear.
Rock climbing and using indoor climbing walls like all recreation activities is hazardous. The obvious accidents that occur in climbing are falling. Whenever you fall you may fall only a few feet or all the way to the floor. As you fall you may hit objects or the wall that are in your path. If the rope catches your fall, the jolt from the rope may cause injury. Falling to the ground may cause serious injury from any height.
Understand when you start to climb where you might land if you fall. Never go above a height you are prepared to fall if you are bouldering. Never climb above 6 feet if you are bouldering in rope-climbing areas; in bouldering areas, never climb above 14 feet. Always land in a way where you can avoid objects or people below you and to provide the most protection for yourself.
In addition to the hazards of falling, objects falling off the wall may hit you. Holds, climbing equipment and even people may fall and hit you as you are standing at the base or while climbing. While walking near the wall or belaying always make sure you are not standing under someone or something that may fall.
Equipment may fail. Climbing equipment is tested before use; however, the extreme conditions in which climbing equipment is used in conjunction with the damages caused by the wall can cause climbing equipment to fail. Improper use of the equipment or not properly tying in will result in injury. Climbing holds spin; as a hold is used it loosens causing the hold to spin in your hands. If you find a hold that is loose or spins, please notify management. As you climb you may pull out protection from the wall, or it may become unclipped.
You will experience cuts or abrasions from holding on to the holds or wall. You may also experience rope burns from handling the rope. Be aware of any sharp edges on the holds or the climbing surface as well as any protruding nuts, bolts or screws. If you are belaying if someone falls you may experience a jolt causing you to move, fall or be pulled into the air. Do not lose your concentration at these times; the safety of the climbing is in your hands.
Always understand and obey all rules of the gym where you are climbing.
You understand and assume the risk of climbing because you have been watching other people climb while reviewing this form.
An auto belay is a machine that allows you to climb without a human belayer. Auto belays work as long as you understand the limitations of the equipment, how to use and not to use the equipment and pass any required training of the gym. Always follow all rules when using an auto belay and test the auto belay before using the auto belay. Never climb above or create slack in the auto belay system. Never climb above or touch the auto belay. Before descending, make sure the slack has been taken in by the auto belay. If you experience any problems, the auto belay is not responding, or you have questions immediately contact a staff member.
All of these risks are increased, exacerbated and become more threatening if you are competing in any type of event.
5.LIFE is not responsible for any alcohol or drugs (legal or illegal) you bring onto the premises. If you bring alcohol or drugs or consume alcohol or drugs on the premises, you are responsible for yourself and those around you. Do not drink or use drugs and leave the premises. Drinking alcohol or using drugs to excess can lead to accidents, make you vulnerable and ill, or you may even suffer permanent damage. Drink Responsibly and use any drugs wisely.
It is also possible that some participants would suffer mental anguish or trauma from the experience or their injuries.
This list is not an exclusive or exhaustive list of possible injuries; trauma or accidents that may occur while engaging in any of the CLIMBING described above, or that you may encounter. Most of these injuries are rare, and you are not likely to encounter them. However, they have occurred, and you need to know about them and other possible injuries not mentioned above. These injuries occur more often when the participants are using drugs or alcohol or not physically able to undertake the activity.
You certify that you have reviewed this document with your family. You certify that you have examined the 5.LIFE website and looked at the information, risks and videos posted on the company website. You certify that your family, including minor children and yourself are fully capable of participating in CLIMBING, demonstrations, training or programs. You state that you have read the above statement on some of the possible risks in this activity. Therefore, you assume full responsibility for yourself, your family, including minor children, for bodily injury, death, and loss of personal property and any expenses as a result of your negligence, negligence of your family, or the negligence of 5.LIFE. You hereby expressly consent and assume all risks of the activity for yourself and your family, including the risks associated with traveling to and from the activity. You also understand that 5.LIFE reserves the right to refuse any person it judges to be incapable of meeting the rigors and requirements of participating in CLIMBING. Your family and you are in good physical condition and able to undertake this activity. You understand and agree that this is a voluntary activity, and you are doing so for recreational purposes and do so voluntarily. If a parent you agree to read and to explain to any minor all posted signs and warnings, including instructions on use of equipment as well as the risks outlined in this agreement and agree participants will obey all signs, and warnings posted and to obey instructions from staff.
CONTRACT, WAIVER, RELEASE, AND INDEMNIFICATION
For the opportunity of CLIMBING with 5.LIFE as consideration, you agree to waive any legal right to any claim and agree to indemnify and hold harmless 5.LIFE, its agents and employees, as set forth above, from all claims, damages, losses, injuries, and expenses arising out of or resulting from your family’s or your participation in these activities for all past, present or future claims, demands, and causes of action. This release of liability covers all risks of the activity and any negligence of 5.LIFE, including claims for negligent hiring, instruction, operation or other forms of negligence not normally associated with the CLIMBING or associated with the business and employees and covers strict liability claims, contract claims (express or implied), warranty claims, and tort claims, whether based on common law or any statute or regulation. You agree that 5.LIFE has a subrogation/right to indemnification for your actions based on any permit, grant, contract or agreement with third parties. You further agree to release, acquit, and covenant not to sue 5.LIFE, its agents, and employees for all actions, causes of action, past, present or future claims or damages, damages in law or remedies in equity of whatever kind, including the negligence of 5.LIFE, negligence of another participant, or negligence of your family, yourself, or your heirs, against 5.LIFE arising out of participation in this program. This agreement covers the incidental transportation to and from the recreation location. In short, you cannot sue 5.LIFE or anyone else for any reason if you or your family or minor child may receive an injury, and if you do, you cannot collect any money.
This release shall not be superseded by any other agreement, nor shall this release supersede any agreement, whether there is any perceived inconsistency or not.
You agree to indemnify, agree to subrogation and to reimburse 5.LIFE for any damages, costs, fees or expenses 5.LIFE expends on you or your family's behalf, including the cost of any search and rescue or for any damages you may do to third parties. You understand this means you are the insurer for the 5.LIFE for any actions or damages, you or your family may incur.
You agree to the site of any lawsuit and the law governing any such lawsuit shall be Franklin County, Ohio and governed by Ohio law no matter the perceived or actual difficulties, deprivation of a meaningful day in court, or the harm to either party’s case or trial in Franklin County Ohio applying Ohio Law. You understand and agree that you may be giving up the right to a deprivation of a meaningful day in court and that there are no extraordinary circumstances that would change that legal issue. You agree this forum selection clause applies to all claims, counterclaims, defenses and third-party claims brought by either party to this agreement.
The terms of this agreement shall continue and be, in effect, after the CLIMBING has ended. No changes to this document are valid.
As liquidated damages, you hereby agree that if 5.LIFE is forced to defend any action, lawsuit or litigation or for breach of the covenant not to sue or the covenant of good faith and fair dealing, by yourself, your executors, or your heirs, on your family's or your behalf, your heirs or executors, and you agree to pay Company’s costs and attorney's fees if they successfully defend such action, lawsuit or litigation. You understand and agree that you are indemnifying 5.LIFE for any claim you may bring or for any injury you receive. If you do, you will pay the 5.LIFE’s damages and costs, including attorney fees. Should any sentence, clause, paragraph, or part of this agreement be declared unenforceable by a court of competent jurisdiction, the remaining parts or paragraphs shall remain in full force and effect. This release is intended to be interpreted as broadly as possible to affect the intent and purpose of the release. Except as specifically stated otherwise herein, this agreement sets forth the entire understanding of the parties and all prior understandings or communications, electronic, online, written or oral, are superseded by this Agreement.
If you do not want to sign this release, you understand you cannot go to CLIMBING, and you are free to go to CLIMBING with other companies.
All guests are responsible for securing their own health insurance. 5.LIFE does not provide medical coverage for injuries sustained on the premises or while participating in 5.LIFE-sponsored activities and events, whether on the premises or not. You have adequate health, disability, and life insurance for your family and yourself.
You hereby give permission for transportation to any medical facility or hospital. You authorize any qualified person or medical personnel to render necessary emergency medical care for yourself and your family. You hereby authorize the release of any medical information, including information concerning your HIV or AIDS status, in the possession of 5.LIFE to any medical facility, hospital, ambulance, first aid provider, first aid service, doctor, nurse, or other such person rendering care on your behalf. You hereby waive any action or claim against 5.LIFE or any health care provider, hospital, doctor, nurse or first aid provider for the release of this medical information, including your HIV or AIDS status.
You, of your own free will, for your family, your minor children, your heirs and executors and yourself, have read, understand and acknowledge the risks and liability for yourself and your family.
You acknowledge that you have received a copy of this document if you wanted one. You understand that you are signing this document electronically or may be signing this document electronically in the future. You understand and agree under state and Federal law; there is no difference between signing this electronically or in writing.
You have read and understood this agreement. You are voluntarily signing this agreement. You understand you are giving up certain legal rights for yourself, your family and your heirs.
By signing this you understand you, your family and your heirs cannot sue for any reason. If you or anyone else sues because of your injury you, and they cannot collect any money. If anyone sues and loses you will owe us money.
You understand that pursuant to Ohio law, this release is effective in preventing claims or litigation for injuries your child may receive.
I understand I am signing this for myself, my family and my minor children.