PLEASE READ AND UNDERSTAND THIS DOCUMENT BEFORE SIGNING. If you have any questions, please ask us or consult an attorney. This document informs you of your responsibilities and assumption of risk, and includes a release of liability, indemnification and surrender of certain legal rights. All Sequence Indoor Climbing, LLC facility patrons must sign this Agreement before using the facility. Anyone under the age of 18 must have a parent or legal guardian also sign. In consideration of the services of Sequence Indoor Climbing, LLC, its employees, agents, owners, members, managers, volunteers, and other patrons, and all other persons or entities acting in any capacity on their behalf (collectively referred to as "Sequence"), I hereby agree to release, indemnify, and discharge Sequence, on behalf of myself, my spouse, my children, my parents, my heirs, personal representatives, successors and assigns, as follows: ACKNOWLEDGMENT AND ASSUMPTION OF RISKS: Engaging in climbing activities at the Sequence indoor rock climbing facility involves serious risks. These activities vary, but can include bouldering on Sequence’s artificial climbing walls, with or without Sequence staff present. I have been advised and acknowledge that participating in climbing activities involves risks. Some risks are inherent in these activities and cannot be eliminated or reduced without fundamentally altering the sport of rock climbing. A variety of other risks also exist. These inherent and other risks, hazards and dangers can cause injury, property damage, illness, mental or emotional trauma, paralysis, disability or death to participant or others. The following describes some, but not all of those risks, hazards and dangers: 1. Risks involved in physical activity. Activities vary, but can include climbing, lifting and sustained use of a participant’s arms and legs. 2. Risks in decision making. Patrons must make judgments and decisions as they participate in climbing activities. So, too, Sequence’s staff must make judgments and decisions as they teach climbing skills or assist patrons. These judgments and decisions are, by their sporting nature, imprecise and subject to error. Consequently, there are risks involved in decision making and conduct, including, without limitation, the risk that a staff member may misjudge a patron’s abilities or fitness level. 3. Equipment failure or misuse. Equipment used includes, without limitation, artificial climbing holds and the participant’s climbing shoes, which may be misused, or which can break, fail, fall or malfunction. 4. Risks regarding conduct. The potential that I, other patrons or third parties (e.g. rescue squad, hospital) may act carelessly or recklessly or generally fail to exercise care. 5. Such other risks, hazards and dangers associated with rock climbing activities and the use of artificial rock climbing walls. These and other risks, hazards and dangers may result in patrons, for example: 1) falling partway or all the way to the ground, 2) impacting the rock face or other projections, or 3) colliding with or impacting objects or people. These and other circumstances may cause fractures, sprains, broken bones, concussions, callous skin, you will experience cuts or abrasions from holding onto the holds or wall, or other injury or illness, mental or emotional trauma, paralysis, disability or death. I understand that the above list is not complete and that other unknown or unanticipated risks, hazards and dangers may result in injury, damage, death or other loss. I acknowledge that participating in these activities requires a special degree of skill and knowledge different from other activities and that I have responsibilities as a patron. I have advised Sequence that I have no mental or physical problems or limitations that might compromise or affect my ability to participate in climbing activities, or any limitations have been disclosed to Sequence. I represent I am fully capable of participating in these activities without causing harm to me or others and I agree to follow all Sequence rules and regulations. I acknowledge that Sequence staff is, and have been available, should I have further questions about the nature and physical demands of these activities and the risks, hazards and dangers associated with these activities. I understand that the presence of Sequence personnel is absolutely no assurance of my safety or the lessening of any of these risks. Climbing is dangerous! In both supervised and unsupervised activities, I acknowledge that I and all other patrons are responsible for their own safety. My participation in these activities is purely voluntary, and I choose to participate in spite of and with knowledge of the risks. Therefore, I assume and accept full responsibility for those risks identified here and for those risks of this activity not identified here, and for injury, damage, death or other loss suffered by me resulting from those risks, or otherwise resulting from my own negligence or other conduct at the Sequence facility. RELEASE AND INDEMNITY: Please read carefully. I understand that this section contains legally binding release and indemnity provisions and a surrender of certain of my legal rights. Patrons: 1. agree to release and covenant not to sue Sequence with respect to all claims, liabilities, suits or expenses (including attorney fees and costs), arising out of any injury, damage, death or other loss to me in any way connected with my enrollment or participation in Sequence activities, or the participant’s use of Sequence’s climbing wall or other equipment and facilities. I understand I agree to waive all claims I may have against Sequence, and agree that neither I, nor anyone acting on my behalf, will make a claim or file a lawsuit of any kind against Sequence, as a result of any injury, damage, death or other loss suffered by me; 2. agree to defend and indemnify (“indemnify” meaning protect by reimbursement or payment) Sequence with respect to all claims, liabilities, suits or expenses (including attorney fees and costs): (a) brought by or on behalf of me, my child, or a family member, arising out of any injury, damage, death or other loss in any way connected with enrollment or participation in Sequence activities, or use of Sequence’s climbing wall or other equipment and facilities; or, (b) brought by another patron or any other person, arising out of any injury, damage, death or other loss claimed to be caused, in whole or in part, by my conduct in the course of participating in Sequence activities or using the Sequence climbing wall or other equipment and facilities. This release and indemnity includes any losses claimed to be caused, in whole or in part, by the negligence of Sequence and includes claims for personal injury, property damage, wrongful death, products liability, breach of contract or otherwise. I agree that this waiver and all other aspects of my relationship with Sequence are governed by Missouri state law. Further, any mediation, suit, or other proceeding arising out of or relating to my enrollment or participation in Sequence activities must be filed or entered into only in Jackson County, Missouri, and Missouri law shall apply. I agree to attempt to settle any dispute (that cannot be settled by discussion) through mediation before a mutually acceptable mediator. I authorize Sequence staff to obtain or provide medical care for me or my child or arrange for transportation for me or my child to a medical facility. I authorize medical personnel to render such treatment they deem necessary for me or my child’s health. I agree that Sequence has no responsibility for medical care provided to me or my child and I agree to pay all costs associated with such medical care and transportation. Any portion of this document deemed unlawful or unenforceable shall not affect the enforceability of the remaining provisions of this document and the remaining provisions shall continue in full force and effect. By signing this document, I certify I have carefully read, understand and voluntarily sign this document, and that it shall be effective and binding upon me and my family and my heirs, personal representatives, successors and assigns, as well as my minor children. YOU HAVE READ AND UNDERSTAND THIS AGREEMENT. YOU ARE VOLUNTARILY SIGNING THIS AGREEMENT. YOU UNDERSTAND YOU ARE GIVING UP CERTAIN LEGAL RIGHTS FOR YOURSELF, YOUR FAMILY AND YOUR HEIRS. Today's Date: April 24, 2024 |
