Nosotros Rock Climbing Gym LLC (“Nosotros” or “the gym”) Visitor Agreement
Notice: This is a legally binding agreement. Read this document carefully and in entirety. By signing this agreement, you give up your right to bring a court action to recover compensation or obtain any other remedy for any personal injury or property damage however caused arising out of your participation in Nosotros now or at any time in the future.
Release, Participation and Acknowledgment of Risk Agreement I hereby acknowledge and agree that participation in Nosotros activities comes with inherent risks. I have full knowledge and understanding of the inherent risks associated with Nosotros participation, including but in no way limited to: (1) slips, trips, and falls, (2) aquatic injuries, (3) athletic injuries, and (4) illness, including exposure to and infection with viruses or bacteria. I further acknowledge that the preceding list is not inclusive of all possible risks associated with Nosotros participation and that said list in no way limits the operation of this Agreement. I hereby voluntarily execute this Agreement and hereby release in full & forever discharge Nosotros on behalf of myself, my family, my heirs, assigns, executors, agents, & representatives from any & all injury, liability, damages, claims, demands, and/or causes of action whether foreseen or unforeseen, relating to or deriving from any injury, during or arising out of the use of Nosotros’ facility and knowingly, intelligently, and voluntarily agree as follows: Climbing, Bouldering & Fitness Are DANGEROUS! I understand that Nosotros reserves the right to refuse service to anyone at any time and dismiss anyone at any time from participation or attendance of the facility. I understand that by signing this document I am representing that I understand all of its terms and conditions and that I fully intend to be bound by the same. I also understand that I have the right to consult with an attorney of my choice before signing this agreement. I understand that I waive that right to have an attorney review this agreement if I choose to sign the agreement without such a review. I acknowledge that the activities involved in the use of any of Nosotros’ services or facilities, both climbing and non-climbing related, entail significant risks, both known and unknown, which could result in physical or emotional injury, paralysis, death, or damage to myself, property, or to third parties. Such risks include, among others, equipment failure, falling climbers, negligence of spotters, non gym people (neighbors) and other participants. I further understand that all risk cannot be prevented. I expressly agree and promise to accept and assume ALL the risks existing in these activities, both known and unknown, whether caused or alleged to be caused by the negligent acts or omissions of Nosotros. My participation and contribution in this activity is purely voluntary, and I elect to participate and contribute in spite of the risks. I represent that I am physically and mentally able to use the facility and its equipment in a safe manner. I further warrant and represent that I have no disability, impairment, or ailment preventing me from engaging in the use of the facility. I hereby voluntarily release, forever discharge, & agree to indemnify & hold harmless Nosotros from any & all claims, demands, or causes of action, which are in any way connected with participation in this in this activity or use of Nosotros’ equipment/facility, including any such claims which allege neglect acts or omissions of Nosotros. Should Nosotros or anyone acting on their 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. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the cost of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my safety and or participation in this activity, 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. It is agreed that this agreement shall be governed by and construed under Ohio law and that any claim raised by the Participant will be initiated solely in the courts governing Cuyahoga County. I agree to abide by ALL the rules of the facility. By signing this document, I agree 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 Nosotros on the basis of any claim from which I have released them herein. I grant to Nosotros the right to take photos/video of me and my property. I authorize Nosotros to use and publish in print and/or electronically. I agree that Nosotros may use such photos/video of me with or without my name for any lawful purpose, including publicity, illustration, ads, and Web content. This Agreement sets forth the entire agreement of the parties and supersedes and nullifies any prior oral or written representations or understandings.
Waiver, Release, Indemnification & Covenant Not to Sue In consideration of my participation in Nosotros activities, I, the undersigned participant, agree to release and on behalf of myself, my heirs, representatives, executors, administrators, and assigns, HEREBY DO RELEASE Nosotros, its officers, directors, employees, volunteers, agents, representatives and insurers (“Releasees”) from any causes of action, claims, or demands of any nature whatsoever including, but in no way limited to, claims of negligence, which I, my heirs, representatives, executors, administrators and assigns may have, now or in the future, against Nosotros on account of personal injury, property damage, death or accident of any kind, arising out of or in any way related to the use of Nosotros facilities/equipment or participation in Nosotros programs whether that participation is supervised or unsupervised, or consumption of alcoholic beverages provided by Nosotros, however the injury or damage occurs, including, but not limited to the negligence of Releasees. In consideration of my participation in Nosotros activities, I, the undersigned participant, agree to INDEMNIFY AND HOLD HARMLESS Releasees from any and all causes of action, claims, demands, losses, or costs of any nature whatsoever arising out of or in any way related to my Nosotros activity participation. I hereby certify that I have full knowledge of the nature and extent of the risks inherent in Nosotros activity participation and that I am voluntarily assuming said risks. I understand that I will be solely responsible for any loss or damage, including personal injury, property damage, or death, I sustain while participating in Nosotros activities and that by signing this agreement I HEREBY RELEASE Releases from all liability for such loss, damage, or death. I further certify that I am in good health and that I have no conditions or impairments which would preclude my safe participation in Nosotros activities. I further certify I am of lawful age and otherwise legally competent to sign this agreement. I further understand that the terms of this agreement are legally binding and certify that I am signing this agreement, after having carefully read it, of my own free will.
Coronavirus / COVID-19 Warning & Disclaimer Coronavirus, COVID-19 is an extremely contagious virus that spreads easily through person-to-person contact. Federal and state authorities recommend social distancing as a mean to prevent the spread of the virus. COVID-19 can lead to severe illness, personal injury, permanent disability, and death. Participating in Nosotros programs or accessing Nosotros facilities could increase the risk of contracting COVID-19. Nosotros in no way warrants that COVID-19 infection will not occur through participation in Nosotros programs or accessing Nosotros facilities.
Release of Claims Associated with the Purchase and Consumption of Alcohol I agree that if Nosotros serves alcoholic beverages it carries potential risks and dangers beyond the control of Releasees. Should I choose to purchase and consume alcoholic beverages at Nosotros, I am voluntarily participating in the consumption at my own risk. I am aware of Ohio laws regarding the consumption of alcohol and agree to abide by them. I thereby agree to indemnify, defend, release, and hold harmless Releasees from all liability to myself, my heirs, representatives, executors, administrators, and assigns arising out of purchasing and consuming alcohol at Nosotros.
General Nosotros Rules No person(s) shall be allowed entry to the gym without completing and signing the agreement. The gym is for participants 14 years or older. Anyone under 14 must be supervised by an adult and be given permission by a staff member prior to use. Place all trash in trash cans located in the facility. Please clean up after yourself if you make a mess. All participants MUST wash hands after using the restroom. Do not spit or pour anything into the drinking fountain. No large jewelry, necklaces, rings or spiked objects may be worn while inside the gym. All personal belongings MUST be placed in cubbies or lockers. Only chalkbags and climbing shoes are allowed on benches, chairs or gym pad flooring. NO CHALKBAGS MAY BE WORN! DO NOT TOP OUT GYM WALL. (This means DO NOT pull your body OVER THE TOP EDGE OF WALL!) Do not place or carry any sharp objects, food, liquids onto the gym pad flooring. Do not sit, or lounge on the gym padding. Exit flooring after climbing and sit on benches, chairs of concrete floor. DO NOT ENTER AREAS DESIGNATED “STAFF ONLY.” No glass containers are permitted in the gym area at anytime. Exits are located in front and rear of the building. Please make yourself aware of evacuation plan signage. No horseplay, wrestling or running is allowed in the gym at any time. Do not stand under or run under climbers on the wall. NO SPOTTING IS PERMITTED. If power outage occurs please exit the gym walls and flooring and await further instructions from staff. Be humble, courteous and kind to all participants in gym and keep a positive attitude. Please don't smoke around the premises. All participants who purchase and consume alcohol on Nosotros premises must be at least 21 years old as required by law. No participant may consume alcoholic beverages sold by Nosotros, prior to climbing. Climbing must be done before any alcoholic beverages are purchased, and no participant will be allowed to resume climbing after consuming alcohol. 24/7 Member Agreement - the undersigned agrees to the following:
No Sickness - All 24/7 Members who are experiencing flu-like symptoms must stay home and refrain from visiting Nosotros. No Outsiders - Only 24/7 Members, and others authorized by Nosotros, may access the gym during nonpublic hours. 24/7 access may not be shared with anyone. No Security Breaches - All 24/7 Members must enter/exit through the Nosotros main entrance. No other door is permissible to enter/exit. No doors are to be propped open. No Trespassing - Behind the front desk, all retail merchandise, all gym equipment, and the space behind the Kilterboard is off-limits for 24/7 Members. No touching, tampering, borrowing, or stealing anything in these areas. No taking chalk and leaving money on the front desk. No Disruption - 24/7 Members will not play music through a loudspeaker. All laws must be obeyed, neighboring businesses and those who reside above Nosotros must be respected. No congregation outside of the gym during nonpublic hours. No shouting or using bluetooth public speakers, instead use personal headphones. No Substances - 24/7 Members will not come to Nosotros after consuming alcohol or illegal drugs. No consuming or possessing alcohol or illegal drugs inside the gym. No smoking inside the gym. No Havoc - 24/7 Members will not damage, destroy, or deface the contents inside Nosotros. No removing or tampering with any fire or emergency equipment without a reasonable belief of an emergency or a real need for such equipment. No Unfriendliness - 24/7 Members will not engage in verbal, physical, or electronic harassment of others at Nosotros that creates a hostile environment. Harassment occurs when this conduct interferes with another individual's use of the gym. No Minors - 24/7 Access is only available to those 18 years of age or older. Anyone under the age of 18 that has a 24/7 Membership must be accompanied by a parent with a 24/7 Membership at all times. No Indecency - No acts of moral depravity, sexual conduct, or slapstick acts in Nosotros. No exploitation such as peeping, videotaping, or photography of indecent exposure. No malicious, or pervasive behavior that is sufficiently severe, persistent, or pervasive that it interferes with, denies, or limits an individual's ability to participate in the use of Nosotros. No Route Setting - No moving bolted holds or touching unbolted holds. If there are any issues with holds email hello@gonosotros.com. During any staff routesetting, 24/7 Members will not enter or climb nearby the route setting area. No Hazards - 24/7 Members will not sleep at Nosotros, leave personal property overnight, or bring pets into Nosotros. No Mess - Members should make every effort to avoid creating chalk spills, trash, food or beverage spills, and clean up any mess they make. Put away any fitness equipment that was used. No Lights Left On - 24/7 Members will turn off the lights if the last one out. No Debt - 24/7 Members must have a valid CC on file. All membership accounts must be current and paid to maintain access. No Entitlement - The access that 24/7 Members hold is a privilege, not a right. 24/7 Members will be respectful of Nosotros’ facility, staff, climbers, and neighbors. No Drama - 24/7 Members will direct questions, issues, concerns, or comments to hello@gonosotros.com. No Warnings - Violating the 24/7 Member Code of Conduct may result in immediate termination of membership and future access to Nosotros gyms for no less than 20 years. If a 24/7 Member violates the rules, the individual will be held personally and legally responsible for any damages or injury in or around Nosotros.
Member Agreement - the undersigned agrees to the following: - Membership dues, plus tax, are auto-charged monthly on the 1st, via bank ACH (0% processing fee) or credit/debit card (4%)
- Regardless of facility usage, Membership dues continue until a member initiates written cancelation.
- Membership Update requests (freeze/cancellation) must be submitted five days before month-end. Late requests apply next billing cycle.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ & UNDERSTAND IT, & I AGREE TO BE BOUND BY ALL ITS TERMS. I AM EXECUTING SAID DOCUMENT AS MY OWN FREE ACT & DEED. BY SIGNING THIS AGREEMENT I AM VOLUNTARILY ACKNOWLEDGING THAT I HAVE READ THE ENTIRE DOCUMENT AND THAT I UNDERSTAND AND I AM AGREEING TO ALL OF ITS TERMS.
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