NOSOTROS Rock Climbing Gym, INC. reserves the right to refuse service to anyone at anytime and dismiss anyone at anytime from participation or attendance of the facility.
1. No person(s) shall be allowed entry to the gym without a completed and signed RELEASE, PARTICIPATION AND ASSUMPTION OF RISK AGREEMENT.
2. Place all trash in trash cans located in the facility. Please clean up after yourself if you make a mess.
3. All participants MUST wash hands after using restroom.
4. Do not spit or pour anything into the drinking fountain.
5. No large jewelry, necklaces, rings or spiked objects may be worn while inside the gym.
6. 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!
7. 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.
8. DO NOT TOP OUT GYM WALL. (This means DO NOT pull your body OVER THE TOP EDGE OF WALL!)
9. Do not place or carry any sharp objects, food, liquids onto the gym pad flooring.
10. Do not sit, or lounge on the gym padding. Exit flooring after climbing and sit on benches, chairs of concrete floor.
11. DO NOT ENTER AREAS DESIGNATED “STAFF ONLY.”
12. No glass containers are permitted in the gym area at anytime.
13. Exits are located in front and rear of the building. Please make yourself aware of evacuation plan signage.
14. No horseplay, wrestling or running is allowed in the gym at any time.
15. Do not stand under or run under climbers on the wall. NO SPOTTING IS PERMITTED.
16. If power outage occurs please exit the gym walls and flooring and await further instructions from staff.
17. Be humble, courteous and kind to all participants in gym and keep a positive attitude.
18. Please don't smoke around the premises.
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 Rock Climbing Gym Programs, now or at any time in the future.
Acknowledgment of Risk
I hereby acknowledge and agree that participation in NOSOTROS Rock Climbing Gym activities comes with inherent risks. I have full knowledge and understanding of the inherent risks associated with NOSOTROS Rock Climbing Gym 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 Rock Climbing Gym participation and that said list in no way limits the operation of this Agreement.
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 Rock Climbing Gym programs or accessing NOSOTROS Rock Climbing Gym facilities could increase the risk of contracting COVID-19. NOSOTROS Rock Climbing Gym in no way warrants that COVID-19 infection will not occur through participation in NOSOTROS Rock Climbing Gym programs or accessing NOSOTROS Rock Climbing Gym facilities.
Waiver, Release, Indemnification & Covenant Not to Sue
In consideration of my participation in NOSOTROS Rock Climbing Gym activities, I, the undersigned participant, agree to release and on behalf of myself, my heirs, representatives, executors, administrators, and assigns, HEREBY DO RELEASE NOSOTROS Rock Climbing Gym, 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 Rock Climbing Gym 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 Rock Climbing Gym facilities/equipment or participation in NOSOTROS Rock Climbing Gym programs whether that participation is supervised or unsupervised, however the injury or damage occurs, including, but not limited to the negligence of Releasees.
In consideration of my participation in NOSOTROS Rock Climbing Gym 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 Rock Climbing Gym activity participation.
I hereby certify that I have full knowledge of the nature and extent of the risks inherent in NOSOTROS Rock Climbing Gym 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 Rock Climbing Gym 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 Rock Climbing Gym 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.
Release, Participation and Assumption of the Risk Agreement
I hereby voluntarily execute this Release, Participation and Assumption of Risk Agreement & hereby release in full & forever discharge NOSOTROS Rock Climbing Gym, INC. (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!
1. 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.
2. 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.
3. 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.
4. 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.
5. 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’.
6. Should NOSOTROS’ 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. NOSOTROS Rock Climbing Gym, INC. RPAR Agreement 2018 (Page 1)
7. 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.
8. 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.
9. 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.
10. 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.
11. This Agreement sets forth the entire agreement of the parties and supersedes and nullifies any prior oral or written representations or understandings.
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 IT’S TERMS.