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Nosotros Rock Climbing Gym Waiver

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. 

 

NOSOTROS RULES 

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 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. 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.

 

[APPLIES TO NOSOTROS CROCKER PARK] I do hereby waive, release, indemnify and hold harmless BLOCK K, LLC (“Owner”), its employees, agents, related entities, and mortgagees from and against any and all claims, liabilities, costs, causes of action, damages and expenses now existing or hereafter arising in connection NOSTOROS ROCK CLIMBING GYM  (“Company”) providing a rock climbing wall, on November 27, 2021 at the Crocker Park Shopping Center. Participant hereby acknowledges and agrees that such participation shall be at Participant’s sole and exclusive risk. 

 

[APPLIES TO 24/7 MEMBERS] 

1. No Sickness - All 24/7 Members who are experiencing flu like symptoms must stay home and refrain from coming to Nosotros.

2. 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. ie. only 24/7 Members in Nosotros during nonpublic hours

3. No Security Breaches - All 24/7 Members must enter/exit through the Nosotros front door. No other door is permissible to enter/exit. No doors are to be propped open. ie. only use the front door

4. No Trespassing - Behind the front desk, behind the Kilterboard, all retail merchandise, and the space past the Kilterboard through the hallway is off limits for 24/7 Members. No touching, tampering, borrowing, or stealing anything in these areas. ie. no taking chalk and leaving money on the front desk

5. No Disruption - 24/7 Members will not play music through a loudspeaker. All laws must be obeyed and neighboring businesses and residents who live above Nosotros must be respected. No congregation outside of the gym during nonpublic hours. ie. no bluetooth public speakers, shouting

6. No Incognito - All 24/7 Members must scan in with key tags upon entry.

7. No Intoxication - 24/7 Members will not come to Nosotros after consuming alcohol or illegal drugs. No consuming or possessing alcohol or illegal drugs inside Nosotros. ie. no using alcohol or illegal drugs before or inside Nosotros

8. 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.

9. 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. ie. no being rude to other climbers

10. 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. 

11. No Promiscuity - No acts of moral turpitude or sexual acts in Nosotros. No sexual exploitation such as voyeurism, peeping, videotaping, or photography of sexual activity, or indecent exposure. No sexual conduct 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. ie. no forms of sex

12. No Route Setting - No touching unbolted holds or move bolted 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 coned-off area. ie. no moving holds or touching extra holds

13. No Hazards - 24/7 Members will not sleep at Nosotros, leave personal property overnight at Nosotros, or bring pets into Nosotros. 

14. No Mess - The gym needs to be kept tidy. Members should make every effort to avoid creating chalk spills, trash, food or beverage spills, etc. and clean up any mess they make. Put away any fitness equipment that was used. ie. return the chalk brush 

15. No Lights Left On - If you’re the last out, turn off the lights. Exit through the front door. 

16. No Debt - 24/7 Members must have a valid CC on file. All membership accounts must be current and paid to maintain access. 

17. 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, and climbers.

18. No Red Tape - 24/7 Members will direct questions, issues, concerns, or comments to hello@gonosotros.com.

19. 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 10 years. If a 24/7 Member violates the rules, they will be held personally and legally responsible for any damages or injury in or around Nosotros.

 

 

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. 

 

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Employer (Optional)

Company Name
How did you hear about us *
Word of mouth
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First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Employer (Optional)

Company Name
How did you hear about us *
Word of mouth
Facebook
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Other
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Employer (Optional)

Company Name
How did you hear about us *
Word of mouth
Facebook
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Instagram
Other
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Employer (Optional)

Company Name
How did you hear about us *
Word of mouth
Facebook
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Other
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Employer (Optional)

Company Name
How did you hear about us *
Word of mouth
Facebook
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Other
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Employer (Optional)

Company Name
How did you hear about us *
Word of mouth
Facebook
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Other
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Employer (Optional)

Company Name
How did you hear about us *
Word of mouth
Facebook
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Other
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Employer (Optional)

Company Name
How did you hear about us *
Word of mouth
Facebook
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Instagram
Other
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Employer (Optional)

Company Name
How did you hear about us *
Word of mouth
Facebook
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Other
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Employer (Optional)

Company Name
How did you hear about us *
Word of mouth
Facebook
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Other
Participant'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 Guardian's Email Address

Email*

Confirm Email*
Be the first to know info on discounts and events by e-mail
Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
Parent(s) or court-appointed legal 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.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Employer (Optional)

Company Name
How did you hear about us *
Word of mouth
Facebook
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Instagram
Other
Parent or 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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