PARTICIPANT AGREEMENT (Including Assumption of Risk and Agreement of Release and Indemnity). PLEASE READ CAREFULLY BEFORE SIGNING.
This Agreement must be signed by all adult participants in activities of Kinetic Climbing and Fitness LLC, a New Jersey limited liability company (“Kinetic Climbing NJ"). If the participant is a minor, as defined as someone under the age of 18, it must be signed by his or her parent or legal (court appointed) guardian, who signs for himself or herself and, if allowed by law, the minor participant. "Participant" as used in this Agreement includes participants in Kinetic Climbing NJ Activities (see below) and other persons in an activity area.
In consideration of the services of Kinetic Climbing NJ, I, an adult participant or parent or legal guardian of a participant who is a minor, acknowledge and agree as follows:
ACTIVITIES: This Agreement applies to facilities operated by Kinetic Climbing NJ, on premises leased from third parties by certain Kinetic Climbing NJ subsidiaries, and their activities. Activities of Kinetic Climbing and Fitness LLC (“Kinetic Climbing NJ Activities") include but are not limited to the following: the use of bouldering areas and other training and fitness equipment, participation in activities or events including gear demonstrations, special gatherings, clinics, training, workshops and other fitness classes, remote outdoor climbing, camps and classes, travel to other activity sites, use of parking areas, the rental or borrowing of equipment from Kinetic Climbing NJ, and other activities and use of facilities and equipment at Kinetic Climbing NJ or elsewhere.
RISKS: I recognize and understand that there are risks, hazards and danger in Kinetic Climbing NJ Activities, inherent and otherwise, and that participation could result in injuries of all kinds, including serious injury or death. The risks involved in Kinetic Climbing NJ 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 facility or other activity site; falling, collision with objects, people or structures, falling onto uneven, worn or hard landing surfaces; being struck by other participants or objects; loose handholds or loose rock, equipment failure even if equipment is properly used; the conduct, including negligent conduct, of other participants, visitors and staff; harm due to exposure to weather, plants or wildlife; and the aggravation of pre-existing conditions. These and other risks are inherent in a visit to a Kinetic Climbing NJ facility or other activity site - that is, they cannot be eliminated without changing the nature of the visit and participation in Kinetic Climbing NJ Activities. Participation in Kinetic Climbing NJ Activities is voluntary and participants 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 assume all risks associated with Kinetic Climbing NJ Activities, inherent and otherwise, and whether or not described above. If the participant is a minor, I have explained the activities and risks to him or her, and the minor wishes to participate in the Kinetic Climbing NJ Activities nevertheless.
RELEASE OF LIABILITY AND INDEMNITY: I, an adult participant, or parent or guardian of a participant 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 and indemnify (that is, defend and pay, including costs and attorneys fees) Kinetic Climbing & Fitness LLC, lessees and owners of the properties on which Kinetic Climbing NJ Activities are conducted, and their respective members, owners, managers, directors and staff ("Released Parties") with respect to any damages, claims, liability, or causes of action arising out of my or the minor child's visit to Kinetic Climbing NJ facilities, or other site where Kinetic Climbing Activities take place, the use of its facilities and equipment and participation in Kinetic Climbing NJ 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 participant's, families, arising out of my, or the minor participant's, visit to the gyms or other Kinetic Climbing NJ activity site, the use of its facilities and equipment and participation in Kinetic Climbing NJ Activities. These agreements of release and indemnity include claims of negligence (but not gross negligence or intentionally wrongful conduct) of a Released Party.
- I, or the minor participant, am capable of participating in Kinetic Climbing NJ Activities and have no mental or physical condition that would cause me or the minor participant to be a danger to ourselves or others.
- I understand that I am responsible for assessing the quality of my, and the minor participant'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 Kinetic Climbing NJ is not liable for any lost or stolen equipment or personal items brought to Kinetic Climbing NJ facilities or other Kinetic Climbing NJ Activity site.
- I understand that in order to participate in Kinetic Climbing NJ Activities I, for myself or for the minor participant of whom I am a parent or legal guardian, must sign this agreement; I, or the minor, must complete whatever instructional program Kinetic Climbing NJ requires for the particular activity; and I, or the minor, must read and abide by the Kinetic Climbing NJ and Regulations.
- In the event of an accident, I authorize Kinetic Climbing NJ to stabilize and obtain medical care, including transportation to a medical facility, for me or the minor participant if, in the opinion of Kinetic Climbing NJ, 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 Kinetic Climbing NJ, and to indemnify and hold Kinetic Climbing NJ harmless from any consequences resulting from such care.
- Kinetic Climbing NJ is hereby authorized to take photos and video of me or the minor in connection with participation in Kinetic Climbing NJ Activities and has my permission to use my, or the minor's, name and likeness, without compensation, for marketing and other promotional purposes.
- 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.
- I understand that this Agreement shall continue in effect and remain in force in perpetuity from the date it is executed, and covers my, or the minor participant’s, participation in all Kinetic Climbing NJ Activities including use of its facilities, equipment and parking areas.
- If any portion of this Agreement is held invalid, the remaining portions shall survive and continue in full force and effect.
- This Agreement shall be construed in accordance with the laws (but not the conflict of laws provisions which might invoke the laws of another jurisdiction) of the State of New Jersey and for any suit, mediation or other resolution of a dispute arising under this Agreement I, for myself and on behalf of the minor participant hereby submit to the exclusive jurisdiction of the courts of Gloucester County, NJ. I voluntarily waive any right I or the minor child may have to a jury trial in any action under this Agreement.
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 adult participants and to the parent or legal guardian of a participating minor child and the minor child.
Today's Date: January 28, 2020