PLEASE READ CAREFULLY BEFORE SIGNING, THIS IS A RELEASE OF LIABILITY AND A WAIVER OF CERTAIN LEGAL RIGHTS
This Agreement must be signed by all visitors of Far North Climbing Gym LLC., a California corporation (collectively referred to herein with Far North Climbing LLC's employees, owners, officers, directors, agents, independent contractors and assigns as “Far North”). If the visitor is a minor, it must be signed by the minor’s parent or legal (court appointed) guardian, who signs for themselves and, if allowed by law, the minor visitor. “Visitor” as used in this Agreement includes participants in Far North Activities (see below) and other persons that enter a Far North facility or take part in a Far North activity.
In consideration of the services of Far North Climbing Gym, I, an adult visitor or parent or legal guardian of a visitor who is a minor, acknowledge and agree as follows:
ACTIVITIES: This Agreement applies to facilities operated by Far North, other facilities that Far North uses for its activities, and any outdoor or remote locations where Far North Climbing Gym is conducting activities. Activities of Far North (“Far North Activities”) include but are not limited to the following: the use of roped (toprope, auto-belay and lead climbing) climbing walls, bouldering areas, weights and other training and fitness equipment, participation in activities or events including gear demonstrations, parties, clinics, training, yoga and other fitness classes, remote outdoor climbing, camps and classes, travel to other activity sites, use of parking areas, the rental or borrowing or purchasing of equipment from Far North, and other activities and use of facilities and equipment at a Far North gym or elsewhere.
RISKS: I recognize and understand that there are risks, hazards and danger in Far North Activities, inherent and otherwise, and that participation could result in injuries of all kinds, including serious injury or death. The risks involved in Far North Activities include, but are not limited to: hazards in traveling to the location of an activity; parking and moving about parking and other areas in the vicinity of the gym or other activity site; in falling, collision with objects, people or structures, falling onto uneven, worn or hard landing surfaces; being struck by other visitors or objects; loose, broken, or falling handholds or loose rock; equipment failure even if equipment is properly used; the conduct, including negligent conduct of other visitors, participants, staff, volunteers, and third parties; harm due to exposure to weather, plants or wildlife; potential exposure to pathogens and communicable diseases; the aggravation of pre-existing conditions; risks identified by Far North through rules and warnings, whether written, oral or otherwise; and other foreseeable or unforeseeable risks. I accept that these and other risks are inherent in a visit to a Far North facility or other activity site – that is, they cannot be eliminated without changing the nature of the visit and participation in Far North Activities. Participation in Far North Activities is voluntary and visitors may withdraw from participation at any time.
ASSUMPTION OF RISKS: Understanding these risks and dangers, and understanding that other risks will be encountered, I expressly accept and assume all risks associated with Far North Activities, inherent and otherwise, whether caused by or contributed to by negligent or other acts or omissions of Far North, and whether or not described above. My participation is purely voluntary, and I elect to participate in these activities in spite of the risks. If the visitor is a minor, I have explained the activities and risks to minor, and the minor wishes to participate in the Far North Activities nevertheless.
WAIVER, RELEASE OF LIABILITY, AND INDEMNITY: I, an adult visitor, or parent or guardian of a visitor who is a minor (for myself and, to the maximum extent allowed by law, on behalf of the minor) agree not to sue, and to release, discharge, indemnify and hold harmless (that is, defend and pay, including costs and attorneys’ fees) Far North, lessees and owners of the properties on which Far North Activities are conducted, and their respective members, owners, officers, managers, directors and staff (“Released Parties”), and to waive any rights, with respect to any damages, claims, liability, or causes of action arising out of or relating to my or the minor child’s visit to Far North facilities, or other site where Far North Activities take place, the use of its facilities and equipment, and participation in Far North Activities. The obligation to indemnify includes any claim, liability, or cause of action by third parties, including other visitors, and a member of my, or the minor visitor’s families, arising out of my, or the minor visitor’s visit to the gyms or other Far North activity site and/or the use of its facilities and equipment and participation in Far North Activities. This waiver, release and indemnity agreement include without limitation claims arising out of or relating to the negligence or strict liability of a Released Party.
1. I, or the minor visitor, am capable of participating in Far North Activities and have no mental, medical, or physical condition that would cause me or the minor visitor to be a danger to ourselves or others. I warrant that I have adequate insurance, or the financial ability to otherwise cover, the costs associated with any injury or damage I may suffer while participating in Far North Activities.
2. I understand that I am responsible for assessing the quality of my, and the minor visitor’s, climbing or fitness gear brought to the gym or other activity site and declare that it is in good condition for use. I understand that Far North is not liable for any lost or stolen equipment or personal items brought to Far North facilities or other Far North Activity site.
3. I understand that in order to participate in Far North Activities I, for myself or for the minor visitor of whom I am a parent or legal guardian, must sign this agreement; I, or the minor, must complete whatever instructional programs or reviews Far North requires for the particular activity; and I, or the minor, must read and abide by all of Far North’s rules, warnings, and regulations. Far North has no duty to monitor my visit to Far North whether or not I participate in Far North Activities.
4. I understand that Far North’s use of guidelines, reviews, tests, and rules are for its purposes at minimizing the potential for unsafe actions by visitors, and in no manner a certification of visitor capability. It is the responsibility of every visitor to evaluate their own ability and capability to ensure their own safety and the safety of others around them. Instructional programs including clinics and other training sessions also do not result in certification, as Far North is not a certifying agency of any sort.
5. In the event of an accident, I authorize Far North to stabilize and obtain medical care, including transportation to a medical facility, for me or the minor visitor if, in the opinion of Far North, medical care is needed and I am unable to make such decisions for myself. I agree to pay all costs associated with such actions on the part of Far North, and to indemnify and hold Far North harmless from any consequences resulting from such care.
6. Far North is hereby authorized to take photos and video of me or the minor in connection with participation in Far North Activities and has my permission to use my, or the minor’s, name and likeness, without compensation, for marketing and other promotional purposes.
7. If a party seeks either to enforce its rights under this Agreement or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred.
8. I understand that this Agreement constitutes the entire agreement between Far North and myself regarding the subject matter herein, and supersedes all prior agreements, and shall continue in effect and remain in force in perpetuity from the date it is executed, and covers my, or the minor visitor’s, participation in all Far North Activities including use of any of Far North’s facilities, equipment and parking areas.
9. If any provision or part-provision herein is invalid, illegal or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable. Any such modification shall not affect the validity of the remaining provisions of this Agreement
10. This Agreement shall be construed in accordance with the laws of the State of California (without regard to conflict of law provisions) and for any dispute, controversy, or claim of any kind arising out of or relating to this Visitor Agreement, including but not limited to the acts or omissions of the parties, the breach, termination, enforcement, interpretation or validity of this agreement or the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Arcata, California before one arbitrator, mutually selected by the parties. The arbitration shall be administered by Judicial Arbitration Mediation Services (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures and under the laws of the State of California. Judgment on the award may be entered in any court having jurisdiction thereof.
I HAVE CAREFULLY READ, UNDERSTAND, AND VOLUNTARILY SIGN THIS ACKNOWLEDGMENT AND ASSUMPTION OF RISKS, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT. I intend for it to apply to the fullest extent allowed by law, and to be binding upon members of my, or the minor child’s, family, parents, and our respective, heirs, assigns, and administrators.
In consideration of being allowed to participate in any way in the Far North Climbing Gym LLC program, related events and activities including travel to and from siges (hereafter called the Program), I the undersigned, acknowledge, appreciate, and agree that:
1. The risk of injury from the activities involved in this program is significant during all phases of the activity, including the potential for permanent paralysis, disability and death. These risks include but are not limited to: Equipment failure and/or malfunction of my own or other's equipment; my own negligence and/orthe negligence of others; Attack or encounter with insects, reptiles and/or animals; Fatigue, chill and'or dizziness which may diminish my/our reaction time and increase the risk of accident; Falling from heights, risk of falling climbers, falling ropes, uneven landing areas & mats, running into other climbers / participants / spectators, excessive heat, weather elements, wind, motorized accidents. I agree to wear any necessary safety equipment provided to me and recognize that failure to do so increases the potential for severe injury or death and absolves the RELEASEES from any liability whatsoever.
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation in the Program.
3. I willingly agree to comply with terms and conditions for participation. If I observe any unusal significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately.
4. I recognize that it may be necessary for the (Releasees) to refuse or terminate my participation if I am judged to be incapable of meeting the rigors or requirements of the Program. I accept the (Releasees) right to take such actions for the safety of myself and/or other participants. I will not engage in any activity beyond my capabilities and will not cause any third party to be endangered by any of my actions during the program.
5. I warrant and represent that I am in good health and have no physical or mental limitations or problems that would affect my safe participation or the safety of others in the program and have not been advised otherwise by a qualified medical person.
6. By patricipating in or attending any activity in connection with this program, whether on or off the premises, I consent to the use of any photographs, pictures, film or videotape taken of me or provided by me for publicity, promotion, television, websites or any other uses, and expressly waive any right of privacy, compensation, copyright or other ownership right connected to same.
7. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS THE Far North Climbing Gym LLC., its officers, directors, officials, agents and/or employees, other participants, sponsors, advertisers, permit grantors, independent contractors, sub-contractors and, if applicable, owners and lessors of premises used to conduct the Program (RELEASEES), from any and all claims, demands, losses, and liability arising out of or related to any INJURY, DISABILITY OR DEATH I may suffer, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Today's Date: October 17, 2021