In consideration of the right to participate in Activities as hereinafter described, which is hereby acknowledged to be good and sufficient consideration, this Participation Agreement is entered into this March 24, 2023 by or on behalf of Participant.
Acceptance of Risk
1. I understand that rock climbing, bouldering, and other activities now available or that may become available at the Facility in their various forms, as well as preparation for such activities, and spectating, coaching, spotting, belaying, and all other aspects involved with these activities (collectively referred to hereinafter as “Activities”) are inherently dangerous and involve many RISKS, DANGERS, AND HAZARDS.
2. These risks, dangers and hazards include, but are not limited to: falling; being struck by people or equipment that are themselves falling; collisions with objects, people or equipment; equipment failure; the actions of other participants including negligence or inexperience; overuse injuries; the aggravation of preexisting conditions.
3. I understand that INJURIES OF ALL TYPES ARE A COMMON AND ORDINARY OCCURANCE during the Activities. I know that the risk of SEVERE INJURY and even DEATH exists in the participation of the Activities.
4. I hereby represent that I am fit and suffer from no adverse health condition that would limit my ability to participate in any Activities offered by FirstHand Climbing. I hereby represent that any of my own equipment that I use at the Facility is in safe condition and good repair.
5. I hereby represent that I have conducted a thorough visual inspection of the Facility and equipment I will be using and I am aware of and understand any potential hazards associated with the Facility and/or such equipment. With full knowledge and understanding of the RISK OF SEVERE INJURY AND DEATH involved in the Activities and the Associated Activities, I FREELY AND VOLUNTARILY ACCEPT AND FULLY ASSUME THE RISK THAT I MAY SUFFER TEMPORARY, PERMANENT, OR EVEN FATAL INJURIES, even if I follow the instructions or advice of FirstHand Climbing.
Release and Indemnity
6. I hereby unconditionally WAIVE AND RELEASE ANY AND ALL CLAIMS AND CAUSES OF ACTION OF ANY KIND OR NATURE AGAINST FIRSTHAND CLIMBING, AND ANY MANUFACTURERS OR DISTRIBUTORS OF EQUIPMENT USED BY FIRSTHAND CLIMBING, RELATED IN ANY WAY TO THE ACTIVITIES OR ARISING FROM, ARISING DURING, OR AS A RESULT OF PARTICIPATION IN THE ACTIVITIES. THIS WAIVER AND RELEASE INCLUDES BUT IS NOT LIMITED TO ANY SUCH CLAIMS OR CAUSES OF ACTION, present or future, related to injury or damage to Participant, his/her property, for any loss, damage, expense or injury (including DEATH) suffered by any person from or in connection with Participant engaging in any Activities, due to any cause whatsoever, INCLUDING NEGLIGENCE and/or breach of express or implied warranty on the part of FIRSTHAND CLIMBING.
7. Participant agrees to hold harmless, defend and indemnify FirstHand Climbing from any claim or action, present or future, related to injury or damage to any other person or property, for any loss, damage, expense or injury (including DEATH) suffered by any person from or in connection with Participant’s participation in any Activities due to any cause whatsoever including negligence and/or breach of express or implied warranty on the part of FirstHand Climbing.
8. Participant hereby RELIEVES FIRSTHAND CLIMBING OF ANY DUTY TO PROTECT PARTICIPANT FROM HARM in connection with any Activities, Outside Activities in which FirstHand Climbing is involved in any way.
9. In the event Participant does suffer any type of damages or injury, Participant shall notify FirstHand Climbing immediately of any such occurrence and the cause thereof.
10. Participant authorizes FirstHand Climbing to obtain medical care for, or transport him/her to a medical facility or hospital if, in the opinion of FirstHand Climbing medical attention is required and Participant is unable to make such decisions for himself/herself. Participant agrees to pay all costs associated with such medical care and related transportation and shall DEFEND, INDEMNIFY AND HOLD HARMLESS FirstHand Climbing of and from the consequences of such decision and from any such costs incurred relating to the provision of medical care. Participant also authorizes disclosure of any protected medical information in the possession of FirstHand Climbing that is necessary to provide, coordinate or manage members healthcare consistent with the dictates of HIPAA and to the extent that such use or disclosure is required by law.
11. This Agreement shall continue in effect in perpetuity so that each time Participant uses the Facility or participates in any Outside Activities from the date this waiver is signed forward he/she shall be bound by the terms and conditions herein.
12. If any provision of this Agreement or the application of any such provision to any person or circumstance is held invalid, the remainder of this Agreement, and the application of such provision other than to the extent it is held invalid, will not be invalidated or affected thereby.
13. This Agreement shall be governed by North Carolina law, without regard to conflict s of laws principles. In addition, Participant agrees that jurisdiction and venue for any action or claims arising out of or relating to this Agreement shall be in a court of competent jurisdiction in Forsyth County, NC.
14. Rock Box Bouldering, LLC and any of its employees, directors, officers, agents, representatives, or assigns (hereinafter FirstHand Climbing ) reserves the right in its sole discretion to refuse entry, or to remove the participant named above below, including his/her Guest (“Participant”) from FirstHand Climbing’s property (the “Facility”) or from participation in any activity organized by FirstHand Climbing outside of the Facility, including but not limited to instruction at off site locations by FirstHand Climbing staff (hereinafter “Outside Activities”) for any reason whatsoever. Any such refusal of entry or removal by FirstHand Climbing shall be in its sole discretion.
15. FirstHand Climbing shall not be responsible for the loss, theft, or damage of any Participant’s property or the property of any Guest of Participant that is brought into the Facility or brought to any Outside Activity.
16. Participant shall comply with and observe all rules and regulations of FirstHand Climbing and the terms and conditions of this Agreement at all times and shall assure that his/her Guest(s) complies with and observes the same.
17. Should Participant damage or break any of FirstHand Climbing’s equipment or property, Participant shall be reimburse FirstHand Climbing for the reasonable cost of repairs or replacements to such equipment or property.
18. FirstHand Climbing is authorized by the Participant to use, store or transfer, as FirstHand Climbing may consider necessary, the Participant’s personal information, for any and all purposes in connection with the Facility and services provided by FirstHand Climbing and/or for the purpose of promoting, improving and furthering the interests of FirstHand Climbing. Participant acknowledges this may include posting their photos and/or names online, and/or in publications.
19. Any delay or failure by FirstHand Climbing to exercise its rights and/or remedies under this Agreement does not constitute a waiver of any of such right or remedy.
20. This constitutes the entire agreement between the Participant and FirstHand Climbing regarding the Participant’s use of the Facility and supersedes all previous agreements, understandings and arrangements, written or oral, between the Participant and FirstHand Climbing in relation to such matters.
Date: March 24, 2023