NOTICE: THIS IS A LEGALLY BINDING AGREEMENT. PLEASE READ CAREFULLY.
In consideration for Shaker Rocks, LLC their affiliates, members, directors, officers, agents, employees, independent contractors, representatives, and volunteers (collectively, “Shaker Rocks”) allowing me to participate in Shaker Rocks Activities, including but not limited to rock climbing (including but not limited to the use of roped indoor climbing walls, indoor bouldering areas, outdoor instruction, and expeditions), rental or borrowing of equipment, yoga, using weights and other training or fitness apparatus, using locker room facilities, and other recreational activities, programs, events, instruction, classes, and being a spectator both inside and outside a Shaker Rocks facility and elsewhere (collectively, “Shaker Rocks Activities”), the undersigned hereby understands, appreciates, acknowledges, and agrees as follows:
1. ASSUMPTION AND ACKNOWLEDGEMENT OF RISK
CLIMBING IS DANGEROUS. Shaker Rocks Activities pose extreme risk, and participation could result in injuries or illness of all kind including but not limited to paralysis or death, regardless of whether I follow Shaker Rocks’ safety instructions or recommendations. While particular rules, equipment and personal discipline may reduce some of this risk, risks of injury and death do exist and cannot be eliminated without destroying the unique character of Shaker Rocks Activities. I understand that my participation in Shaker Rocks Activities is voluntary and that I may terminate my participation at any time. In addition, I understand and acknowledge that:
A. I take personal responsibiltiy for all of my actions and use common sense while in the facility.
B. Climbing at the Shaker Rocks’ facilities is not the same as climbing outdoors or on other artificial rock surfaces. I understand that any instruction I may receive from Shaker Rocks is not necessarily applicable to other real or artificial rock climbing and that such instruction does not prepare me to climb without supervision.
C. At times, the facilities may be darkened for specific Shaker Rocks Activities. I understand and accept the risks of using the facilities under such circumstances.
D. Yoga instructors may make physical adjustments to my body during classes. I agree to these adjustments unless I clearly state otherwise, and accept any possibility of injury as a result of these adjustments.
E. By signing and submitting this document I certify that I have read, and understand and appreciate the requirements for climbers set forth in Section 4175.05 of the Ohio Revised Code and the risks assumed by climbers set forth in Section 4175.06 of the Ohio Revised Code, both of which are posted in Shaker Rocks’ facilities for my reference.
I KNOW THE RISKS, UNDERSTAND AND APPRECIATE THESE RISKS AND DANGERS, HAVE HAD THE OPPORTUNITY TO ASK ANY QUESTIONS I MIGHT HAVE, AND I NEVERTHELESS VOLUNTARILY ASSUME ALL OF THE RISKS, INHERENT OR OTHERWISE, ASSOCIATED WITH PARTICIPATION IN SHAKER ROCKS ACTIVITIES. IF I AM THE GUARDIAN OF A MINOR PARTICIPANT, I HAVE EXPLAINED THE RISKS AND POSSIBLE OUTCOMES TO THE MINOR CHILD. I, AND THE MINOR, UNDERSTAND THEM AND WE BOTH CHOOSE FOR THE MINOR TO PARTICIPATE NEVERTHELESS. THE MINOR’S PARTICIPATION IS VOLUNTARY.RELEASE OF LIABILITY
2. RELEASE OF LIABILITY
I, on behalf of myself, my heirs, next of kin, representatives, executors, administrators, and assigns (each individually, a “Releasing Party”; collectively, “Releasing Parties”), or if I am a Parent or Legal Guardian signing this Agreement on behalf of the Minor participating in Shaker Rocks Activities, hereby knowingly and intentionally release and discharge Shaker Rocks as well as all other persons or entities that may own, operate, or manage a Shaker Rocks facility, including but not limited to the landlords of the facility, as well as any and all other persons or entities that might have any liability whatsoever to me (individually, a “Released Party”; collectively, “Released Parties”) from any and all, injuries, damages, claims, suits, liabilities, causes of action or demands of any nature whatsoever now or at any time in the future relating to or arising from my participation in Shaker Rocks Activities (collectively, “Claims”). I understand that in signing this document, I surrender my right to make a claim or file a lawsuit against a Released Party for injuries, damages, wrongful death, or any other basis to the maximum extent allowed by law. This release of liability shall be effective even though said loss, damage, injury, or death results or has resulted, or any claims arise from, the ordinary negligence, wrongful acts, omissions, breach of warranty, or strict tort liability of any Released Party, with the exception of Claims resulting from the gross negligence, or intentional, willful, or wanton misconduct of any Released Party.
3. INDEMNIFICATION AGREEMENT
I, on behalf of all Releasing Parties, hereby agree to indemnify, hold harmless, reimburse, and defend the Released Parties from and against any and all costs (including but not limited to attorneys’ fees, court costs, and investigative costs) and Claims of any nature whatsoever, including but not limited to those caused by the ordinary negligence, wrongful acts, omissions, breach of warranty, or strict tort liability of any Released Party (with the exception of those resulting from the gross negligence or intentional, willful, or wanton misconduct of any Released Party) as a result of or in any way relating to my participation in Shaker Rocks Activities. In addition, I specifically waive the right to a trial by jury in any action brought by or against the Released Parties.
4. MEDIA RELEASE
Shaker Rocks’ facilities contain a number of photographic and video cameras and web-cams and I consent to the use of such devices with the full understanding that during my use of Shaker Rocks facilities these devices may record my activities. I hereby grant to Shaker Rocks, and Shaker Rocks reserves the right to use for promotional purposes without compensation or liability, my likeness or image (or that of my minor child) as well as any video of photographs recorded by the cameras, web-cams, or other devices. Visitors and other participants in Shaker Rocks Activities are permitted to take personal photos, videos, and sound recordings for non-commercial use. Anything beyond reasonable use of photographic equipment by a Visitor for personal, non-commercial purposes shall require the express consent of appropriate Shaker Rocks personnel.
I acknowledge and agree to the following additional provisions:
A. I am capable of understanding the terms of this Agreement and the risks associated with my use of the facilities and participation in Shaker Rocks Activities.
B. I am in proper physical and mental condition to participate in Shaker Rocks Activities and have no physical or mental limitations that would preclude my safely participating in Shaker Rocks Activities including, but not limited to, any interference with my ability to follow or give directions while participating in Shaker Rocks Activities. I understand that if my physical or mental condition changes to render me unfit to participate in Shaker Rocks Activities after the execution of this Agreement, that I am obligated to cease my participation in Shaker Rocks Activities immediately.
C. I agree to comply with requests and instructions of all Shaker Rocks personnel. All persons participating in Shaker Rocks Activities are expected to respect other individuals participating in Shaker Rocks Activities. I understand and agree that Shaker Rocks reserves the right to deny access to Shaker Rocks Activities (including presence on or in Shaker Rocks facilities) to any individual, permanently or for any specified period of time, without a refund, for any breach of Shaker Rocks’ policies, rules and regulations, or for any conduct that is viewed as unsafe or inappropriate.
D. I authorize Shaker Rocks, in the event that I am unconscious or otherwise unable to make such decisions for myself, to provide first aid and obtain medical treatment for me, including emergency medical transportation to the nearest appropriate medical facility if, in the opinion of Shaker Rocks, medical care is needed. I have insurance sufficient to cover medical costs that may be incurred and, in any event, I agree to be responsible for such costs and to indemnify and hold Shaker Rocks harmless from any consequences resulting from such care.
E. I agree to engage in good faith efforts to mediate any dispute that might arise between me and a Released Party. Should the issue not be resolved by mediation, I agree that all disputes, controversies, or Claims between the parties will be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect. Any mediation and/or arbitration shall be held in Cuyahoga County, Ohio. The laws of the State of Ohio shall govern the rights and obligations of the parties to this Agreement and the interpretation, construction, and enforceability thereof. I agree that any lawsuit brought against any Released Party shall be brought solely in Cuyahoga County, Ohio.
F. If any portion of this agreement is held to be invalid, void, or unenforceable, the remainder shall remain in full force and effect.
G. This Agreement contains the entire agreement between Shaker Rocks and the undersigned, and this Agreement supersedes all prior written or oral agreements, understandings, representations and statements. No modification or waiver of this Agreement shall be valid unless the same is in writing.
H. A photocopy hereof, or a record of this Agreement sent and received by facsimile, email, or other electronic transmission, or a record of this Agreement stored in an electronic or other medium, shall be enforceable and shall have full legal effect as an original.
I ACKNOWLEDGE AND AGREE THAT BY SIGNING THIS AGREEMENT I AM RELINQUISHING SUBSTANSIAL LEGAL RIGHTS. I AM VOLUNTARILY RELEIVEING SHAKER ROCKS AND ALL RELEASED PARTIES OF ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, INJURY, OR DEATH RESULTING FROM ANY SHAKER ROCKS ACTIVITIY AND WAIVING MY RIGHT TO MAINTAIN A LAWSUIT AGAINST ANY OF THE RELEASED PARTIES, EXCEPT FOR ANY LIABILITY BASED UPON THEIR GROSS NEGLIGENCE OR INTENTIONAL, WILLFUL, AND WANTON MISCONDUCT. I CERTIFY THAT MY AGE IS ACCURATELY SET FORTH ABOVE; THAT, IF I AM AT LEAST 18 YEARS OF AGE, I AM LEGALLY COMPETENT TO SIGN THIS AGREEMENT; I HAVE CAREFULLY READ THIS AGREEMENT AND HAD A CHANCE TO ASK ANY QUESTIONS I MIGHT HAVE; I UNDERSTAND THAT THE TERMS OF THIS AGREEMENT ARE LEGALLY BINDING UPON ME AND UPON MY HEIRS, NEXT OF KIN, EXECUTORS, REPRESENTATIVES, ADMINISTRATORS, AND ASSIGNS; AND THAT I AM SIGNING THIS AGREEMENT, AFTER HAVING CAREFULLY READ IT, OF MY OWN FREE WILL.
IF PARTICIPANT IS UNDER 18 YEARS OLD—UNDERSIGNED PARENT/GUARDIAN CONSENT: I represent that I am the parent or legal guardian of the above signed one or more minors (whether one or more, the “Minor”) under 18 years of age and hereby consent to the Minor’s using the Facilities or participating in Activities, all as defined above. I agree, personally and on behalf of the Minor, any other parent of legal guardian of the Minor, and the heirs, next of kin, executors, representatives, administrators, and assigns of all thereof (collectively, the “Minor Releasing Parties”) to be bound by the terms and conditions set forth in this Agreement. Without limiting the immediately preceding sentence, I expressly, personally and on behalf of each of the Minor Releasing Parties hereby agree to (a) acknowledge, agree, and consent to the assumption of the risks described above, (b) make and enter into for the benefit of the Released Parties the agreements set forth above in Section 2, entitled “Release of Liability” and (c) agree to indemnify, hold harmless and defend the Released Parties from and against any and all Claims and costs, subject to the terms of Section 3, entitled “Indemnification Agreement”, arising out of or in any way relating to the Minor’s participation in Shaker Rocks Activities. I represent that I am at least eighteen (18) years of age and legally competent to sign this agreement.
Today's Date: April 23, 2019