I, the undersigned individual, desire to use the L'Escalade Fitness, Inc. (“L'Escalade Fitness”) facilities located at 916 N Broadway, Lexington, KY 40503 (the “Facility”) and/or to participate in, observe, or be in the proximity of other activities at the same or other locations, both indoor and outdoor, that are sponsored by, related to, or involve L'Escalade Fitness, including, but not limited to, competitions and programs (collectively, “Participate” or “Participation” or “Participating” in “L'Escalade Activities”). In consideration of L'Escalade Fitness permitting me to use the Facility and/or permitting me to Participate in other L'Escalade Activities, I have agreed to execute this Release of Liability, Assumption of Risk, Indemnification, and Participation Agreement (the “Release”). 1. ASSUMPTION, ACKNOWLEDGEMENT, AND RELEASE OF RISK: I hereby acknowledge, accept and agree that the sport of rock climbing (both indoor and outdoor), the use of the Facility, and other Participation in L'Escalade Activities involve inherent risks, both apparent and latent. I have received full information regarding the Facility and L'Escalade Activities, and have had the opportunity to ask any questions that I wished. I understand that no amount of care, caution, instruction or expertise can eliminate the inherent dangers associated with L'Escalade Activities. I have examined the climbing walls, fitness center, and any other location and/or equipment that I may use during my Participation in L'Escalade Activities. I acknowledge and agree that L'Escalade Fitness has not made any implied or express warranty or representation to me concerning the Facility or any L'Escalade Activities. I acknowledge and accept the inherent risks associated with observing or otherwise being in the proximity of other persons who are Participating in L'Escalade Activities. I have full knowledge of the nature and extent of all the risks associated with L'Escalade Activities, including, but not limited to, rock climbing, fitness activities, and the use of the Facility, and I hereby release L'Escalade Fitness and the other Released Parties (hereinafter defined) from any and all injuries that arise from such risks, regardless of whether such injuries result from the actions or omissions of myself, L'Escalade Fitness, or others, and whether such actions or omissions are accidental, negligent, or intentional. These released risks that I hereby assume include, but are not limited to: - all manner of injury resulting from falling off the climbing walls and hitting the floor, the climbing walls, rock faces, people or projections, whether permanently or temporarily in place and regardless of their obvious or hidden nature;
- rope abrasion, entanglement and other injuries resulting from L'Escalade Activities on or near the climbing walls or otherwise involving the use of rope, including, but not limited to, climbing, belaying, rappelling, lowering on ropes, rescue systems, and any other rope techniques;
- injuries resulting from the actions or omissions of myself, L'Escalade Fitness, or others, whether accidental, negligent, or intentional, including, but not limited to, falling climbers or dropped items, such as, but not limited to, ropes, climbing hardware, wall parts, or personal effects;
- cuts, abrasions, and other physical harm resulting from contact with the climbing walls, climbing equipment, or any other surface or equipment used during L'Escalade Activities;
- failure, misuse, or faulty design of ropes, slings, harnesses, climbing holds, anchor points, or any other equipment used during L'Escalade Activities, including, but not limited to, other climbing equipment or any other part of the climbing walls;
- failure to follow L'Escalade Fitness’ employees’ instruction(s), inaccuracy of any such instruction(s), and/or failure to ask for information or assistance;
- any injury resulting from the use of fitness equipment or participation in fitness activities;
- any injury resulting from Participation in any L'Escalade Activities, including, but not limited to, injuries incurred as a result of a third party’s actions or omissions and injuries incurred while I am only observing or otherwise in the proximity of the L'Escalade Activities.
I further acknowledge that the above list is not inclusive of all possible risks associated with the L'Escalade Activities and in no way limits the extent or reach of this assumption of risk, release of liability, and indemnification. I understand that no amount of care, caution, instruction or expertise can eliminate the inherent dangers associated with these and other L'Escalade Activities. I confirm that I am physically and mentally capable of Participating in the L'Escalade Activities. I understand that if my mental or physical condition changes after the execution of this Release such that I am not capable of Participating in the L'Escalade Activities, I am obligated to cease Participation in the activity or activities immediately. In order to avoid any illness, serious injury, or death, L'Escalade Fitness has advised that I consult a physician before beginning an exercise program, or engaging in strenuous physical activities or diet/nutrition alternations. I acknowledge that there are certain dangers associated with the use of the Facility or other Participation in L'Escalade Activities other than climbingrelated equipment or activities, including, but not limited to, the use of exercise equipment or participation in group exercise classes, including, but not limited to yoga classes. I understand that climbing at L'Escalade Fitness on artificial climbing walls is not the same as outdoor rock climbing or on other artificial rock surfaces. I understand that the instruction I may receive from L'Escalade Fitness or at the Facility or otherwise during L'Escalade Activities is not necessarily applicable to real or other artificial rock climbing. I understand that the instruction I receive at L'Escalade Fitness does not prepare me to climb without supervision. I further understand that the holds used on artificial climbing surfaces are a convenience; they are not a safety feature and they can and do break and drop. I understand that climbing gear and other equipment could become damaged or defective. I am capable of examining and assessing and am responsible for all equipment that I use during any L'Escalade Activities. If damage occurs to equipment belonging to L'Escalade Fitness while I am using it or I otherwise become aware of damaged L'Escalade Fitness equipment, I will bring it to the immediate attention of the L'Escalade Fitness staff in charge so that they can evaluate the equipment. Participant Initials / Parent/Guardian Initials
Date: December 21, 20242. RELEASE AND INDEMNIFICATION: I agree to accept and assume all of the risks existing in L'Escalade Activities, both known and unknown, either caused or alleged to be caused by the negligent acts or omissions of L'Escalade Fitness, myself, and others. My participation is purely voluntary, and I elect to participate in spite of the risks. I hereby voluntarily release, forever discharge, and agree to indemnify, defend and hold harmless L'Escalade Fitness; L'Escalade Fitness’ officers, owners, affiliates, agents, and employees; the designers and engineers, manufacturers, installers or distributors of L'Escalade Fitness’ artificial climbing walls and other equipment; and any of their respective members, officers, directors, employees, agents, representatives, as well as any other persons, corporations, or other entities that might have any liability to me in relation to any L'Escalade Activities (collectively, the “Released Parties”), except to the extent caused by the gross negligence, or intentional, willful, or wanton misconduct of the indemnitee, from and against any and all claims, actions, damages, liability and expense which may be asserted against, imposed upon, or incurred by the Released Parties, whether known or unknown, anticipated, suspected or unsuspected, now or any time in the future, in any way relating to or arising from any activity, occurrence or event, whether supervised or not, that involves or relates to the L'Escalade Activities, L'Escalade Fitness, the Facility, or any of the Released Parties, and asserted by myself, on my behalf, or by my estate, legal representative, heirs, next of kin, executors, administrators and assigns, or asserted by any other party when occasioned wholly or in part by any of my acts or omissions, including, but not limited to, all claims for property damage, personal injuries, and wrongful death. I further understand and agree that I am solely responsible for my personal property while it is at any L'Escalade Fitness facility or event; L'Escalade Fitness and its personnel assume no responsibility for any lost, stolen, damaged, or destroyed personal property. I also understand and agree that it is my responsibility to keep all personal property under observation or secured. If I become the victim of a theft, I will report it immediately to L'Escalade Fitness personnel. Should L'Escalade Fitness or anyone acting on its behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. Participant Initials / Parent/Guardian Initials
Date: December 21, 20243. PHOTO RELEASE AND ACCESS L'Escalade Fitness uses a number of cameras, photographic and video, and web-cams (“Cameras”) in relation to L'Escalade Activities and I consent to the use of such devices. I understand that during the L'Escalade Activities, Cameras may record my activities. I acknowledge and agree that L'Escalade Fitness reserves the right to use my likeness or images of me as well as any video or photographs recorded by the Cameras or other devices. I hereby grant L'Escalade Fitness, its affiliated entities, and their licensees the right to use my likeness or image and any and all video recorded by the Cameras for any purpose. I further acknowledge and agree that other invitees of L'Escalade Fitness are permitted to take personal photos at the Facility and at other L'Escalade Activities. Anything beyond reasonable use of photographic equipment by an invitee of L'Escalade Fitness for personal, noncommercial, purposes shall require the express consent of L'Escalade Fitness management; provided, however, L'Escalade Fitness can, in its sole discretion, prohibit all photographic equipment by its invitee, on a case-by-case basis. I understand and agree that L'Escalade Fitness and its personnel reserve the right to deny access to its facilities to any individual, permanently or for any specified period of time, for any breach of L'Escalade Fitness’s policies, rules and regulations, or for any conduct that is viewed as unsafe or inappropriate. Participant Initials / Parent/Guardian Initials
Date: December 21, 20244. GOVERNING LAW, WAIVER OF JURY TRIAL, ARBITRATION, SEVERABILITY, AND OTHER: This Release shall be governed by the laws of the Commonwealth of Kentucky, without regard to its conflict of law rules. I VOLUNTARILY WAIVE ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN ANY ACTION INVOLVING ANY RELEASED PARTY. Any controversy or claim arising out of or relating to this Release, or the breach thereof, whether brought by myself, a Released Party, or other, shall be settled by arbitration administered by the American Arbitration Association. The place of arbitration shall be Lexington, Kentucky. This Release shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law and I agree that if any portion of this Release is held to be invalid, void, or unenforceable, the remaining portions shall nonetheless remain in full force and effect. I acknowledge and agree that any and all lists set forth in this Release are for the purpose of providing examples, and do not limit the scope of this Release. Furthermore, this Release shall be effective and binding upon my heirs, next of kin, executors, administrators and assigns, in the event of my death. The section titles contained in this release are for the reader’s convenience and do not limit or alter the scope of this Release. By signing this agreement, I waive the right to bring a court action or otherwise seek to recover compensation or obtain any other remedy for any injury to my property or myself, or for my death, however caused, arising out of my use of the Facility or Participation in other L’Escalade Activities, now or any time in the future, whether caused by L’Escalade Fitness’s negligence or that of its officers, agents or employees. I agree to pay for all attorney’s fees and costs incurred by L’Escalade Fitness as a result of any claims made by me or on my behalf or as a result of my acts or omissions. Participant Participant Initials / Parent/Guardian Initials
Date: December 21, 2024TO BE SIGNED BY THE PARTICIPANT: I am at least 18 years of age (if under the age of 18, this Release must also be signed and filled out below by my parent or legal guardian) and otherwise legally competent to sign this Release. This Release shall be effective and binding upon me and upon my assigns, heirs, representatives, executors and administrators. My Participation in L'Escalade Activities and the execution of this Release are purely voluntary, I elect to Participate in spite of the risks, and I acknowledge and agree that I am signing this Release under no compulsion as my Participation in L'Escalade Activities is completely optional. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in L'Escalade Activities, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions that could interfere with my safety in these activities, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition. I have had sufficient opportunity to read this entire document. I have had the opportunity to ask questions about this Release. I acknowledge that if anyone is hurt or property is damaged during my Participation in L'Escalade Activities, I may be found by a court of law to have waived my right to maintain a lawsuit against L'Escalade Fitness or any of the other Released Parties. By signing this document, I hereby agree to waive and release, indemnify, hold harmless, defend, and forever discharge the Released Parties in accordance with the terms of this Release. I HAVE CAREFULLY READ THIS RELEASE AND FULLY UNDERSTAND ITS CONTENTS AND IMPLICATIONS. |
