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Participant Agreement, Release, and Acknowledgment of Risk 

THIS IS A LEGALLY BINDING AGREEMENT. Read it carefully before signing, and consult with an attorney if you are uncertain about its terms. Alterations are not permitted. This Agreement must be signed by all participants 14 years of age or older. If the participant is a minor (under 18), this Agreement also must be signed by the minor’s natural guardian. (As defined by Florida law, parents are the natural guardians of their own children, by birth or adoption. If the parents are divorced, and parental responsibility has been granted to one parent, then that parent is the natural guardian. If divorced parents have been granted shared parental responsibly, then both continue as natural guardians.) The natural guardian signs for himself or herself and on behalf of the child. Minors presenting this form bearing a signature of a guardian may be required to prove the authenticity of the signature.

 

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN:

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT EVEN IF WHAT INC., doing business as, ALCHEMY CLIMBING, ITS OWNERS, AFFILIATES, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (IDENTIFIED AS “RELEASED PARTIES,” BELOW) USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM A RELEASED PARTY IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE RELEASED PARTIES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

In consideration of being allowed to participate, the participant and, if the participant is a minor, the natural guardian of the minor child, acknowledges and agrees as follows:

  1. Activities and Risks

    Climbing and bouldering on an artificial climbing wall entails numerous known and unanticipated risks which might result in physical and emotional injury, paralysis, death, or property loss and damage. These risks include, but are not limited to, the following: failure of equipment, including ropes, harnesses, belaying devices, climbing holds, climbing hardware, anchor points, shoes, flooring, pads, auto-belays, and the wall structure; falling off the wall, to the ground, or on other people or objects; being fallen on by other users; rope abrasions and entanglement; cuts or abrasions from and impacts with the wall faces, wall features, climbing holds, ropes, pads, climbing equipment and hardware, people, or the floor; belay or belayer failure; climbing out of control or beyond one's personal limits; dangers created by the actions, omissions, and negligence of other climbers, visitors, participants, or other persons who may be present; musculoskeletal and soft tissue injuries; head injuries; potential exposure to communicable disease (including but not limited to coronavirus/COVID-19, viruses, bacteria, and all other infectious pathogens and disease vectors); or the participant’s own negligence, both sole or partial.

    I understand that ALCHEMY CLIMBING is open to the public and that an inherent risk of exposure to communicable diseases (including but not limited to coronavirus/COVID-19) exists in any place where people are present.  I agree that I, or my child, will abide by any laws, regulations, ordinances, rules, orders, or requirements intended to prevent the spread and transmission of communicable diseases that may be applicable to me or my child as a patron of ALCHEMY CLIMBING while at the premises of or participating in any activity offered by ALCHEMY CLIMBING.  I understand and appreciate that the potential danger of participating in an activity offered by ALCHEMY CLIMBING, despite reasonable efforts to mitigate such danger, includes exposure to a communicable disease (including but not limited to coronavirus/COVID-19), which could result in loss or damage, including serious illness, disability, or death.

    Furthermore, the staff or guides of WHAT INC. d/b/a ALCHEMY CLIMBING (hereinafter “ALCHEMY CLIMBING”) have difficult jobs to perform; they seek safety but are not infallible. They might be unaware of a participant's fitness or abilities. They may give inadequate warnings or instruction, and the equipment being used might malfunction.

    These risks are inherent in a participant’s enrollment and climbing activities, and they cannot be eliminated without altering the nature of the experience. Other risks may be encountered. If I am a natural guardian of a minor participant, I have explained the risks and possible outcomes to the child, who nevertheless, chooses to participate. My and/or the child’s participation is voluntary.
     
  2. Participant Responsibility and Compliance with Rules

    I, or my child, have read, understand, and agree to obey the posted Safety Rules which are printed and available at ALCHEMY CLIMBING and its website. I agree to use extreme care and caution while participating in all activities during my visit to ALCHEMY CLIMBING’s facilities and to use proper climbing and belay practices and procedures and to comply with the instructions and warnings given to me or the specific requests made of me by gym staff. I agree to pay attention to the condition of the ropes, anchors, and other gym equipment and to advise gym staff immediately of any damage or problems noticed or inflicted during my visit.
     
  3. Disclosure

    I certify that I have no physical, emotional, or mental injury, illness, disability, condition or limitation that could interfere with the safe participation in an activity offered by ALCHEMY CLIMBING. If my minor child is a participant, I certify that he/she has no physical, emotional, or mental injury, illness, disability, condition or limitation that could interfere with the safe participation in an activity offered by ALCHEMY CLIMBING.
     
  4.  Assumption of Risk by Adult Participants

    To the maximum extent allowed by law, I acknowledge and assume any and all risks of my participation in ALCHEMY CLIMBING’s activities and my use of its facilities and equipment, inherent or not, whether or not described in this Agreement, and specifically including those resulting or arising from the negligence of ALCHEMY CLIMBING and its owners, officers, directors, employees, affiliates, and agents, whether active or passive.
     
  5. General Release and Indemnity (Adult Participant or Natural Guardian, for themselves only)

    If I am an adult participant, or natural guardian, I, for myself only, hereby waive and release, in advance, any claim, demand, action, cause of action, suit in equity of whatever kind or nature, against WHAT, INC. d/b/a ALCHEMY CLIMBING, and its current and former owners, employees, affiliates, agents, legal representatives, insurers successors or assigns (hereinafter “Released Party” or collectively “Released Parties”), even if based on the negligent acts or omissions of Released Parties, or any of them, for any loss, damage, cost, or personal injury, including death, which accrues to me as a result of or related to my or my minor child’s participation in an activity offered by ALCHEMY CLIMBING or the use of its facilities or equipment.

    In addition, I agree to protect, defend, hold harmless and indemnify the Released Parties from and against any and all liability, claims, losses, damages, and expenses, including attorney fees, litigation costs, and insurance deductibles, arising from, whether in whole or in part, my or my minor child’s participation in an activity of ALCHEMY CLIMBING or the use of its facilities or equipment, even such liability, claim, loss, damage, or expenses is partly due to the negligent acts or omissions of a Released Party.
     
  6. Release (Natural Guardian on behalf of the Minor Participant)

    If I am the natural guardian of a minor participant I, on behalf of my minor child, hereby waive and release, in advance, any claim or cause of action against WHAT, INC. d/b/a ALCHEMY CLIMBING, and its owners, affiliates, employees, or agents, which would accrue to the minor child for personal injury, including death, and property damage resulting from an inherent risk in the activities of ALCHEMY CLIMBING.

    IMPORTANT: An “inherent risk” means those dangers or conditions, known or unknown, which are characteristic of, intrinsic to, or an integral part of the activity and which are not eliminated even if the activity provider acts with due care in a reasonable manner. The term includes, but is not limited to, the failure to warn the natural guardian or child of an inherent risk, and the risk that the minor child or another participant in the activity may act in a negligent or intentional manner and contribute to the injury or death of the minor child.
     
  7. Financial Responsibility

    I certify that I have adequate insurance to cover any injury or damage I may suffer or cause while participating, or else I agree to bear the costs of such injury or damage myself.
     
  8. Severability

    I, adult participant or natural guardian, further agree that if any part of this Agreement is held by a Court of law to be unenforceable, the remainder shall survive.
     
  9. Compliance with Florida law

    It is my intent to comply fully with Florida law, including with respect to a natural guardian’s authority to release certain claims on behalf of his or her child or ward.
     
  10. Venue and Choice of law

    The venue of any legal action arising out of, concerning or involving this document, or asserting a claim of any sort against a Released Party will be Leon County, Florida, and no other. I agree also that the interpretation of this Agreement and any dispute which arises between me, or my child, and a Released Party shall be governed by laws of the State of Florida.
     
  11. Survivability

    I further agree that this Agreement will remain in full force and effect, and apply to subsequent visits to the ALCHEMY CLIMBING by me or the minor child, until revoked in writing, with notice to the other party. Future participation and use of the ALCHEMY CLIMBING is evidence of my or the child’s continuing agreement with the terms of this document.
     
  12. Authorization for Use

    I understand that photographs and video recordings which include me or the child may be taken at the facilities of ALCHEMY CLIMBING. I agree that ALCHEMY CLIMBING may use my or the child’s likeness in any or all of its publications and advertisements without payment or any consideration.
     

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against WHAT INC. d/b/a ALCHEMY CLIMBING on the basis that any claim has been hereby released. I further represent that I have complete and absolute authority to bind, contract for and legally act, on behalf of the minor participant, and understand and agree that WHAT INC. d/b/a ALCHEMY CLIMBING would not allow the minor child to participate if this representation were not true and that WHAT INC. d/b/a ALCHEMY CLIMBING will have relied to their detriment upon this representation if it is false.

I have had sufficient opportunity to read this entire document. I have read and understood it. I agree and intend to be bound by the terms of this document and for it to be binding on myself, or my minor child who is a participant, and members of my, and the child’s, respective families, estates and personal representatives.

This Agreement is executed freely and voluntarily with knowledge and understanding of the matters set forth above.

 

Today's Date: May 9, 2025

First Visitor's Name

First Name*

Middle Name

Last Name*

Phone*
First Visitor's Date of Birth*
First Visitor's Signature*
Second Visitor's Name

First Name*

Middle Name

Last Name*
Second Visitor's Date of Birth*
Second Visitor's Signature*
Third Visitor's Name

First Name*

Middle Name

Last Name*
Third Visitor's Date of Birth*
Third Visitor's Signature*
Fourth Visitor's Name

First Name*

Middle Name

Last Name*
Fourth Visitor's Date of Birth*
Fourth Visitor's Signature*
Fifth Visitor's Name

First Name*

Middle Name

Last Name*
Fifth Visitor's Date of Birth*
Fifth Visitor's Signature*
Sixth Visitor's Name

First Name*

Middle Name

Last Name*
Sixth Visitor's Date of Birth*
Sixth Visitor's Signature*
Seventh Visitor's Name

First Name*

Middle Name

Last Name*
Seventh Visitor's Date of Birth*
Seventh Visitor's Signature*
Eighth Visitor's Name

First Name*

Middle Name

Last Name*
Eighth Visitor's Date of Birth*
Eighth Visitor's Signature*
Ninth Visitor's Name

First Name*

Middle Name

Last Name*
Ninth Visitor's Date of Birth*
Ninth Visitor's Signature*
Tenth Visitor's Name

First Name*

Middle Name

Last Name*
Tenth Visitor's Date of Birth*
Tenth Visitor's Signature*
Visitor's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Natural Guardian's Email Address

Email*

Confirm Email*
Keep this box checked to receive information on events, specials, and sales
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Referral Information
How'd you hear about us?*

If Other, please describe:
Parent(s) or Natural Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or natural guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Natural Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Natural Guardian's Date of Birth*
Parent or Natural Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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