RELEASE OF LIABILITY AND ASSUMPTION OF RISKS
THIS RELEASE IS A BINDING LEGAL CONTRACT. PLEASE READ IT CAREFULLY BEFORE SIGNING
- I, the undersigned individual desire to use the Milwaukee Turners Climbing Gym located at 1034 N. 4th St, Milwaukee, WI 53207 (the “Facility”). In consideration for Milwaukee Turners permitting me to use the Facility, I have agreed to execute this Release of Liability and Assumption of Risks (this “Release”).
- I received full information regarding the Facility and had the opportunity to ask any questions that I wished. I have examined the climbing wall and have full knowledge of the nature and extent of the risks associated with rock climbing and the use of climbing wall, including, but not limited to: Injuries resulting from falling off or coming down from the climbing wall and hitting the floor or wall faces, Loose and/or damaged artificial holds, musculoskeletal injuries and/or overtraining, head injuries and my own negligence. Injuries may result from the actions or omissions of others including, but not limited to: Falling climbers and dropped items. Cuts, contusions, and abrasions may result from contact with the climbing wall or any other surface; or other climbers, visitors, participants, or persons who may be present. Injury may also result from failure or misuse of belay devices ropes, slings, harnesses, climbing holds, anchor points, floor, mats, slack line, other training equipment.
- I further acknowledge that the above list is not inclusive of all possible risks associated with the use of the climbing wall and related training facilities. I agree that such list in no way limits the extent or reach of this Release. If I see or hear anything that I feel is questionable or dangerous, it is my responsibility to ask or inform Milwaukee Turners’ employees until corrected or satisfactorily answered.
- I also agree to release and discharge Milwaukee Turners Climbing Gym and all of its managers, officers, employees, agents and representatives, as well as all other persons, corporations, or other entities that might have any liability to me (the “Released Parties”), from and against any and all damages, actions, claims and liabilities, whether known or unknown, anticipated or unanticipated, suspected or unsuspected, relating to or arising from any activity, occurrence, or event involving the Facility or Milwaukee Turners. This Release is intended to release and discharge the Released Parties from all damages, actions, claims and liabilities of any nature, specifically including, but not limited to, damages, actions, claims and liabilities arising from or related to the negligence of the Released Parties. I further agree to indemnify, hold harmless, and defend the Released Parties from and against any loss, damage, liability and expense, including costs and attorneys’ fees, incurred by any of the Released Parties as a result of my using the Facility or participating in any activity sponsored by or involving Milwaukee Turners.
- The laws of the State of Wisconsin shall govern the rights and obligations of the parties to this Release and the interpretation, construction, and enforceability thereof. I agree that any lawsuit brought against any of the Released Parties or otherwise in connection with my use of the Facility shall be brought solely in the federal or state courts located in Milwaukee County, Wisconsin.
- Milwaukee Turners reserves the right to use any photograph or video taken at the Facility, whether during the course of a birthday party or private group or during any other activity at the Facility, involving Milwaukee Turners or otherwise, in Milwaukee Turners promotional materials, brochures, and website.
- I certify that I have no medical, physical or other condition that could interfere with my use of the Facility, including, but not limited to, any interference with my ability to follow or give directions while climbing, belaying or any other activity within the Facility.
- I understand that indoor rock climbing is not the same as outdoor climbing and that additional skills and training are necessary for outdoor climbing that cannot be acquired indoors. I agree to seek qualified instruction before attempting to climb outdoors.
- By providing Milwaukee Turners with my email address I agree to receive newsletters, information and other promotions. Email Addresses and other personal information will never be sold and will be kept confidential.
CLIMBING IS INHERENTLY DANGEROUS AND MAY RESULT IN INJURY OR DEATH TO MYSELF OR OTHERS. I AM
RESPONSIBLE FOR MY OWN SAFETY. I WILL NOT BE NEGLIGENT IN MY ACTIONS.
I HEREBY VOLUNTARILY WAIVE ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR
LITIGATION INVOLVING ANY RELEASED PARTY.
By signing this Release I attest that the above information is true and correct.