RELEASE OF LIABILITY, WAIVER, AND ASSUMPTION OF RISKS
In consideration of the fee that I will pay Albany’s Indoor Rockgym, located at 4C Vatrano Road, Albany, New York 12205(hereinafter referred to as “AIR”), is permitting my entry into or use of the premises or services of (collectively and/or individually referred to as “AIR”) for the express purpose of participating in climbing and caving activities, I agree to execute this Release of Liability Waiver and Assumption of Risks (the “Release”).
RULES AND REGULATIONS
I hereby acknowledge agree and accept the Rules and Regulations as set forth below. I further acknowledge and agree that in the event that I or anyone under my supervision violates any of the rules and regulations that “AIR” may at its sole discretion request that I leave the premises and that I am not entitled to a refund of any monies paid.
All climbers, cavers, and observers must check in at the front desk before proceeding into the padded climbing areas, cave, or activity loft.
Climbing is inherently dangerous. Participants must assume the risks of climbing. All climbers, cavers, and individuals operating a safety system at Albany’s Indoor Rockgym must sign a release of liability form. AIR management and staff reserves the right to check harness, knots, safety systems, etc., at any time and may refuse access to anyone not properly secured.
Individuals desiring to top rope belay at AIR must be instructed and/or observed demonstrating a proficient belay technique to an AIR member.
*Those individuals deemed unable to safely belay by an Albany’s Indoor Rockgym staff member will be allowed to participate as a climber only, but will have to be taught or observed again upon their next visit to the Facility before being cleared.
The use of any lighting fixtures, quick draws and their anchors or any other non-climbing related building infrastructure as climbing holds is prohibited by Albany’s Indoor Rockgym. Persons who violate this policy may be liable for any necessary repairs.
Any person desiring to lead, belay and/or lead climb must be approved by an Albany’s Indoor Rockgym staff member.
All persons in the facility are expected to behave in a respectful manner. Any person deemed by the management to be behaving in an unsafe or disorderly fashion will be asked to leave the facility. Albany’s Indoor Rockgym reserves the right to remove people from the premises if found to be unsafe. A refund will not be issued.
No running in the gym.
In the interest of safety, youth under the age of 10 must be supervised by an adult (18 years or older), one adult per child under 10.
Bouldering: (un-roped climbing) is permitted on all walls in the gym. Climbers using roping have the right of way in all situations. Climbers are not allowed to climb higher than 3 feet off the floor alone; however, with the proper use of the movable floor mats, and an approved spotter, climbers are allowed to climb up to 6 feet off the floor. Spotters must be taught how to spot by an A.I.R. staff member.
While using the indoor caves, no shoes, socks or harnesses are allowed to be worn. No gum chewing, screaming, spitting, or swearing, smoking, drinking or use of drugs is allowed anywhere in the AIR facility. No cellphones, flashlights, or anything that can break, shatter, puncture, or cut is allowed in the cave. Anyone found to be under the influence of either drugs or alcohol will be immediately removed from the premises.
Emergency exits are for emergencies and staff use only.
I acknowledged that I have read Albany’s Indoor Rockgym’s Rules and Regulations and fully understand them, and that I can request a copy at any time. Albany’s Indoor Rockgym reserves the right to add or change Albany’s Indoor Rockgym’s policies from time to time with the new changes posted. Climbers and others using Albany’s Indoor Rockgym are required to inform themselves of new rules or rule changes.
ASSUMPTION OF THE RISK
I acknowledge and accept and agree that THE SPORT OF ROCK CLIMBING AND CAVING, INCLUDING BOULDERING, AND TRAINING ON THE CLIMBING WALL(S) AND/OR OTHER RELATED ACTIVITIES AT OR ORGANIZED BY “AIR” INVOLVE INHERENT RISKS THAT COULD RESULT IN SEVERE PHYSICAL OR EMOTIONAL INJURY, DEATH, OR DAMAGE TO MYSELF, TO PROPERTY, OR TO THIRD PARTIES, EVEN IF I FOLLOW THE INSTRUCTIONS AND RULES OF “AIR”. I understand that injuries of all types are a common and ordinary occurrence of rock climbing and bouldering. I received full information regarding the use of the Facilities and the risks inherent therein and I have had the opportunity to ask any questions that I wished. I have had the opportunity to examine the Facilities and equipment and have full knowledge of the nature and extent of all of the risks associated with rock climbing, bouldering, and the use of the Facilities. These risks include but are not limited to:
1) All manner of injuries from falling or jumping off bouldering walls and landing or otherwise hitting the floor, wall, wall faces, holds, people;
2) Falls resulting in impact with the ground, other climbers, or climbing holds and structures
3) Falling onto uneven, worn, or hard landing surfaces
4) Variable, uneven, or damaged flooring that may result in injury;
5) The actions, negligence or omissions of other participants, including but not limited to the inexperience of non-“AIR” spotters or other co-participants, falling climbers or dropped items, such as, but not limited to, climbing hardware, wall parts, broken or loose holds, or personal effects;
6) Cuts and abrasions resulting from skin contact with the Climbing Wall, rocks, dirt, debris or any other surface;
7) Failure or misuse of climbing holds or any part of the Climbing Wall by me;
8) Failure to follow “AIR”’s instructions or failure to ask for information or assistance;
9) Being involved in accidents or contracting illnesses while observing or being near other climbers or people doing other Activities;
10) Overuse injuries;
11) Risks identified by AIR through posted warnings, orally, or otherwise
12) Misuse of belay devices, ropes, slings, harnesses, climbing holds, anchor points, floor mats, slack lines, tightrope, rock rings, stairs, caves, zip-lines, cargo nets, ladders;
13) Other foreseeable or unforeseeable like events or circumstances inherent in rock climbing, bouldering, caving, etc.;
14) Insect stings or bites, animal bites, or other risks inherent to the outdoors.
I acknowledge that the above list is not a comprehensive recitation of all possible risks associated with the use of the Facilities, and I agree that such list in no way limits the extent or reach of this Release of Liability Waiver and Assumption of Risks form. If, while using the Facilities, I see or hear anything that I feel is questionable or dangerous, it is my responsibility to inform an AIR employee and follow appropriate procedures and instruction thereby given.
I expressly agree and hereby promise to accept and assume all the risks associated with the sport of bouldering and training at the Facilities, both known and unknown. My participation in this activity is purely voluntary: I elect to participate in these activities in spite of the risks.
I hereby acknowledge that “AIR” has provided an orientation and/or instruction to me before use of the Facilities. “AIR” has also provided me with the option to inspect the premises and related equipment before choosing to use them. I understand that if I need additional assistance, orientation, instruction, training, or assessment during my participation at the Facilities at any future time, it is my responsibility to seek such assistance, orientation, instruction, training or assessment from AIR staff prior to participating in any activity.
I agree that I have a duty to inspect and exercise good judgment and to act in a responsible manner while using the Facilities or participating in any other related activity and/or outdoor trips, and to obey all oral and written instructions and warnings prior to or during use. I agree that I have a duty to refrain from using the Facilities or participating in any other related activity and/or outdoor trips, and to obey all oral and written instructions and warnings prior to or during use. I agree that I have a duty to refrain from using the Facilities or participating in any other related activity and/or outdoor trips when under the influence of drugs and/or alcohol. I further agree that I am responsible for paying the appropriate rate in exchange for the use and training at the Facilities. My signature below indicates that the “AIR” staff has presented this information to me and I fully understand this information.
RELEASE OF LIABILITY AND INDEMNIFICATION
I, on behalf of myself, my spouse, children, parents ,heirs, administrators and assigns, representatives, estate and next of kin, also agree to unconditionally release and discharge “AIR” and all and each of “AIR”’s employees, agents and representatives, (the “Released Parties”), from and against any and all damages, claims, liabilities or causes of action, whether known or unknown, anticipated or unanticipated, suspected or unsuspected, arising out of or related in any way to my participation from any activity, occurrence, or event involving AIR. I specifically acknowledge that that by doing so I waive any right to bring any legal action against them for the acts and/or omissions of the “Released Parties”, including claims for personal injury.
I further agree to hold harmless, indemnify, and defend “AIR” from and against any loss, damage, claim, liability or cause of action by third parties, expenses, including costs and attorneys’ fees, incurred by “AIR” as a result of my presence in the Facilities orparticipating in any activity sponsored by or involving “AIR”. I further acknowledge that “AIR” shall not be responsible for the safekeeping, loss, theft or damage of my property or the property of any other person at “AIR”’s premises or otherwise. I agree that any relay or failure by “AIR” to exercise its rights or remedies under this Agreement will not constitute a waiver of any of such right or remedy. I agree that this Agreement shall continue in effect in perpetuity to the fullest extent allowed by law, so that each time I use “AIR”’s facilities, services, or participate in any activity in which “AIR” is involved, I shall be bound by its terms.
In the event I suffer any type of injury or damages, I will notify “AIR” immediately of the event and cause.
I authorize “AIR” to stabilize, obtain medical care for and/or transport to a medical facility or hospital if, in the opinion of “AIR”, medical attention is required and I am unable to make such decisions for myself. I agree to pay all costs associated with such medical care and related transportation and shall HOLD HARMLESS, DEFEND, AND INDEMNIFY “AIR” of and from the consequences of such actions and from any such costs incurred relating to such actions.
The duration of this agreement shall continue until it is cancelled or modified by written agreement. The laws of the State of New York 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 Released Parties shall be brought solely in the New York State Supreme Court or the United States District Court, Northern District of New York. “AIR” reserves the right to use any photograph taken at The Facilities, during a course, a birthday party or private group, or during an outdoor trip, in “AIR”’s promotional materials, brochures, and website.
In the event that any part of this agreement is declared void, I HEREBY VOLUNTARILY WAIVE ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR LITIGATION INVOLVING ANY RELEASED PARTY.
THIS RELEASE IS A BINDING LEGAL CONTRACT. PLEASE READ IT CAREFULLY BEFORE SIGNING.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS.
Date: February 21, 2019