REACH CLIMBING & FITNESS, LLC & REACH FACTORY OPERATING, LLC d/b/a THE FACTORY
Please read this Release Agreement carefully and be certain that you understand the implications of signing.
All individuals age eighteen (18) or older who are observing, assisting, passing through, or participating in climbing and bouldering on indoor artificial surfaces, yoga and fitness training and/or other programs and use of the equipment, lounge, locker rooms, rest rooms, walkways, parking areas, and other facilities inside and outside of Building 8 and Building 22 belonging to and occupied by (collectively, the “Activities”) of the real property commonly known as Bridgeport Park Associates, LP (the “Property”) must read and sign this Release Agreement for the benefit of the legal and equitable owner of the Property (the “Owner”), REACH CLIMBING & FITNESS, LLC, a Pennsylvania limited liability company, REACH FACTORY OPERATING, LLC, a Pennsylvania limited liability company, and their successors, assign, agents, employees, , officers, directors, members, managers, trustees, volunteers, and contractors (each a “Released Party” and collectively the “Released Parties”).
Climbing Wall Rules and Regulations:
I acknowledge that climbing entails inherent risks such as death, injury and damage to property. Those risks include, but are not limited to, death, injuries, and damages resulting from the following: (1) falling from climbing walls or other features in or at the Property; (2) contact with other persons and with walls, equipment, landing areas and other moving and fixed objects; (3) rope abrasion and entanglement; (4) falling climbers; (5) dropped items; (6) cuts and abrasions resulting from contact with climbing hardware, cables, walls, and other structures; (7) loose or damaged holds; (8) failure of ropes, slings, helmets, harnesses, shoes, climbing hardware, anchor points, Belay devices, or any part of a climbing wall or other structure; (9) the use of exercise and training equipment that may be defective or fail; (10) standing water and other hazards in the locker and rest rooms; (11) uneven walking surfaces; (12) over-exertion in training or exercising; (13) negligence of other visitors including misuse of or failure to maintain control of equipment or engaging in conduct beyond their capabilities; or (14) negligence of the Property, its owners, employees, representatives, volunteers, agents, or contractors. Other risks may be encountered, inherent and otherwise, and the possibly incomplete description above is not intended to limit the application of this Release Agreement or release of the Released Parties.
Visitors under the age of eighteen (18) (a “Minor Visitor”) must have at least one parent or legal, court-appointed guardian (a “Parent” or a “Guardian”) sign this Release Agreement as evidence of their agreement to these terms and conditions, for themselves and, to the maximum extent allowed by the laws of the Commonwealth of Pennsylvania (“Applicable Law”), on behalf of the Minor Visitor.
Minor Visitors under the age of sixteen (16) years old are not allowed in the fitness and exercise area of the Property. Minor Visitors under the age of fourteen (14) years old must be accompanied by a responsible adult, who must be reasonably available to the Minor Visitor should she or he require assistance.
All Visitors will comply with the judgments of the Released Party’s staff on duty.
All Visitors must receive an orientation to the Property and the Activities, including an opportunity for questions and answers. The orientation is essential to the Visitor’s successful management of the risks of being upon the Property and the Activities. If Visitors enter or are upon the Property without the consent of the staff of a Released Party and without acquiring this important, required safety training, then it is the responsibility of the Visitor, not the Released Parties, to assure an orientation before engaging in any climbing or bouldering activity.
First time Visitors must also be instructed by trained staff of a Released Party (a “Belayer”) in the use of the handholds attached to the walls, the system of ropes or cables operated manually (“Belay”) or automatically (“Auto Belay”), and harness wear. All Visitors must ask the Belayer the way the Visitor should be attentive to the proper use of Auto Belays and the absolute necessity of assuring by all reasonable means that the climber is properly attached to the mechanism before climbing.
All climbers agree to use the double-check exchange before beginning each climb. The Belayer will check the climber’s gear, and the climber will check the Belayer’s system and exchange confirmation that the equipment is okay. This is most important and must vigilantly be performed at the start of each and every climb.
Approved climbing equipment only is allowed in the climbing area. No bare-foot climbing.
The Belayer must pay attention to the climber by keeping the climber in eye contact at all times.
Visitors must advise the staff of a Released Party promptly if they observe damaged or defective equipment during use.
Visitors, including those participating in Climbing Activities, must not assume that they are being supervised or even observed by a Belayer or other staff of the Released Parties.
Any infractions of the above rules will result in loss of privileges. Repeated infractions may result in loss of membership with the Released Parties.
All Visitor’s must abide by all rules posted in the Property or otherwise communicated to Visitors to the Property, and to comply with requests and instructions of staff of the Released Parties
Use of Exercise Equipment and/or Participation in Group Fitness/Exercise Classes
Because physical exercise can be strenuous and subject to risk of serious injury, the Released Parties urges you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You (each client, guest, and all participating family members) agree that if you engage in any physical exercise or activity, or use any gym amenity on the Property or off Property, including but not limited to any group fitness classes and/or sponsored gym event (the “Training Activities”), you do so entirely at your own risk. You agree that you are voluntarily participating in these activities and use of these facilities and Property and assume all risks of injury, illness, or death.
This waiver and release of liability includes, without limitation, all injuries which may occur as a result of: a) your use of all amenities and equipment in the facility and your participation in any activity, class, program, personal training or instruction; b) the sudden and unforeseen malfunctioning of any equipment; c) our instruction, training, supervision, or dietary recommendations; d) your slipping and/or falling while in or on the Property; e) contact with other participants; 6) the effects of the weather, including high heat and/or humidity; and all other such risks being known and appreciated by me,
Use of the Ninja Warrior Equipment and Ninja Warrior Activities
In consideration for my participating in The Factory Ninja Warrior obstacle activities and use of the Ninja Warrior Equipment at the Property (the “Ninja Activities”) and I agree to be bound by each of the following:
I am fully aware of and appreciate the risks, including the risk of catastrophic injury, paralysis and even death, as well as other damages and any losses associated with participation in these types of Ninja Activities. I hereby and forever release my rights the Property and its, officers, owners, directors, agents, lessors, and employees from all liability for any and all damages and injuries arising out of my participation in these Ninja Activities no matter who is at fault. 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 costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have. Furthermore, staff of the Released Parties have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
MEDICAL ATTENTION: I hereby give any consent for the Released Parties to provide, through a medical staff of its choice, customary medical/athletic training attention, transportation, and emergency medical services as warranted in the course of my own or a Minor’s participation in Ninja Activities. I hereby verify that I fully understand and accept each of the above conditions for me and a Minor to participate in the Ninja Activities.
EXPRESS ASSUMPTION OF RISK ASSOCIATED WITH CLIMBING ACTIVITIES, TRAINING ACTIVITIES AND NINJA ACTIVITIES SHALL COLLECTIVELY BE REFERRED HEREIN AS THE “PROPERTY ACTIVITIES.”
I, THE UNDERSIGNED, UNDERSTAND THAT, IN CONSIDERATION OF OBSERVING, PARTICIPATING OR USING ANY PROPERTY ACTIVITIES, I VOLUNTARILY ASSUME AND ACCEPT ALL RISKS, INHERENT OR NOT, AND WHETHER DESCRIBED IN THIS RELEASE AGREEMENT. I HAVE READ AND AGREE TO ALL THE PROVISIONS OF THIS RELEASE AGREEMENT AND WILL OBEY ALL THE RULES AND REGULATIONS OF THE RELEASED PARTIES APPLICABLE TO THE PROPERTY ACTIVITIES AND THE PROPERTY.
I ACKNOWLEDGE THAT THE RISKS DESCRIBED IN THIS RELEASE AGREEMENT AND OTHERS ARE INHERENT IN A VISIT TO THE PROPERTY AND THE PROPERTY ACTIVITIES AND WITHOUT THEM, THE BASIC VALUE AND CHARACTER OF THE PROPERTY ACTIVITIES AT THE PROPERTY WOULD BE ALTERED.
I ACKNOWLEDGE THAT I AM AWARE OF THE COVID-19 VIRUS AND THAT THE RELEASED PARTIES HAS POSTED COVID-19 GUIDELINES THROUGHOUT THE PROPERTY AND ON THE FRONT DOOR OF THE PROPERTY. I WILL REVIEW THE COVID-19 GUIDELINES AND LEAVE THE PROPERTY IF I AM IN VIOLATION OF THOSE GUIDELINES. I ACKNOWLEDGE THAT I AM AWARE THAT EVEN IF THE VISITORS TO THE PROPERTY FOLLOWS THE GUIDELINES, SUGGESTED MEDICAL ADVICE, AND GOVERNMENTAL REGULATIONS TO PREVENT ME FROM OBTAINING THE COVID-19 VIRUS, I MAY CONTRACT THE COVID-19 VIRUS. I ACCEPT AND RECOGNIZE THAT CONTRACTING THE COVID-19 VIRUS IS AN INHERENT RISK IN A VISIT TO THE PROPERTY AND THAT WITHOUT MY ACCEPTANCE OF THESE RISKS, THE BASIC VALUE AND CHARACTER OF THE ACTIVITIES IN AND A VISIT TO THE PROPERTY WOULD BE ALTERED.
I ACCEPT RESPONSIBILITY FOR THE CARE OF THE EQUIPMENT DURING THE RENTAL PERIOD AND AGREE TO REPLACE, AT FULL VALUE, ANY EQUIPMENT NOT RETURNED OR RETURNED IN DAMAGED CONDITION.
I UNDERSTAND THAT MY PERSONAL PROPERTY (INCLUDING VEHICLES OR THEIR CONTENTS AND PERSONAL PROPERTY PLACED IN LOCKERS) MAY BE DAMAGED, LOST OR STOLEN, AND WILL NOT HOLD THE RELEASED PARTIES RESPONSIBLE FOR SUCH.
I hereby authorize the Released Parties to take and use photographic, video or other images of me or the Minor Visitor for promotional or other purposes, without liability or payment.
In the event of an accident or other medical emergency, I hereby authorize the staff of the Released Parties to administer or obtain first aid and emergency medical services, including transportation, deemed necessary for me or for the Minor Visitor. I agree to be responsible for the costs of such medical care and transportation.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNIFICATION
I hereby agree to release, discharge, hold harmless, and indemnify (that is, pay or reimburse damages and costs, including attorneys’ fees and insurance deductibles) to the fullest extent allowed pursuant to Applicable Law the Released Parties. I agree to release the Released Parties from any liability to me, my heirs, next of kin, assigns, and/or personal representatives from and with respect to claims, liabilities, losses, damages, or demand (collectively “Claims”) arising out of my injury, disability, death, or loss or damage to person or property (collectively “Loss”), from or connected with my or the Minor Visitor’s visit to the Property, observing or participating in the Activities, and the use of any equipment, fixtures, other personal property, and the Property even if the Released Parties collective negligence contributes to such Loss.
I certify that (a) I am at least 18 years of age, legally competent to sign this Release Agreement, and physically and mentally capable of safely participating in indoor rock climbing; and (b) any Belayer and equipment that I use that are not supplied by or owned by the Released Parties as part of my climb are appropriate and properly qualified for my climb. I freely and voluntarily assume complete personal responsibility for all risks and for all Loss as a result of these risks, even if such Loss occurs in a manner that is not foreseeable to me at this time. I realize that by voluntarily assuming the risks involved, I will be solely responsible for any Loss that I sustain.
I acknowledge that if I misrepresent my age or relationship with a Minor Visitor or my or the Minor Visitor’s mental or physical condition, then I, or the Minor for whom I purport to sign, will be a trespasser upon the Property and, in the event of a Loss, will be entitled to no more rights than those of a trespasser. In the event of any misrepresentation, I agree to release, not to sue, and to protect and indemnify the Released Parties with respect to any Loss by, or caused by, me or the Minor Visitor.
I understand that by signing this Release Agreement, I surrender my rights to make Claims against the Released Parties for any Loss. This Release Agreement include, but not exclusively, claims of negligence, (but not gross negligence or intentional wrongs), breach of contract or warranty, and product liability.
I further agree to defend and indemnify the Released Parties from any Claims associated with my or the Minor Visitor’s visit to the Property including, without limitation, Claims brought by a co-participant, a member of my, or the Minor Visitor’s, family, a rescuer, or any other person, for Loss either suffered by me or the Minor Visitor, or caused in whole or in part by my or the Minor Visitor’s actions or inactions.
I understand and agree that independent contractors may conduct certain activities of the Property and those independent contractors – not the Released Parties – are solely responsible for their acts and omissions.
THIS RELEASE AGREEMENT WILL BE GOVERNED BY AND CONSTRUED UNDER APPLICABLE LAW OF THE COMMONWEALTH OF PENNSYLVANIA.
ON BEHALF OF MYSELF AND/OR THE MINOR VISITOR, I AGREE THAT THE STATE COURTS OF MONTGOMERY COUNTY, PENNSYLVANIA WILL HAVE EXCLUSIVE JURISDICTION AND VENUE OF ANY LAWSUIT BROUGHT AGAINST ANY RELEASED PARTY AND WAIVE ANY RIGHT TO A TRIAL BY JURY OR TO A CHANGE IN VENUE OR JURISDICTION FOR ANY DISPUTE.
THE PROVISIONS OF THIS RELEASE AGREEMENT ARE INDEPENDENT OF AND SEPARABLE FROM EACH OTHER. IF ANY PROVISION OF THIS RELEASE AGREEMENT IS DEEMED INVALID, THEN THE REMAINING PROVISIONS WILL REMAIN IN FULL FORCE AND EFFECT.
THIS RELEASE AGREEMENT WILL CONTINUE IN EFFECT WITH RESPECT TO THIS AND ALL FUTURE VISITS TO THE PROPERTY; EVEN IF MODIFICATIONS TO THIS RELEASE AGREEMENT OR OTHER AGREEMENTS ARE REQUIRED IN THE FUTURE THAT WILL APPLY TO VISITS TO THE PROPERTY HEREAFTER.
I have read this Release Agreement thoroughly and understand all the provisions of this Release Agreement. My observing of and participating in the Activities, being on the Property and my execution of this Release Agreement are both purely voluntary and I elect to do so regardless of the risks.
, January 21, 2021
COVID-19 GUIDELINES FOR EVERYONE’S HEALTH AND SAFETY
Please review the following questions before entering or using the Property. If you answer yes to any of these questions, please do not enter or leave the Property.
Have you been exposed to anyone currently waiting for COVID-19 test results?
Have you been exposed to anyone who has tested positive for COVID-19?
Do you have, or have you been exposed to, anyone with any of the CDC Specified Symptoms: Cough, Shortness of breath or difficulty breathing, Fever (100.4° or above), Chills, Repeated shaking, Muscle pain, Headache, Sore throat, or New loss of taste or smell?
Do you have at least two of the CDC Specified Symptoms listed above?
Are you currently waiting for COVID-19 test results?
Have you tested positive for COVID-19?
PLEASE WEAR A MASK WHILE IN THE GYM.
PLEASE KEEP SOCIAL-DISTANCING RULES IN MIND WHEN MOVING AROUND THE COMMON AREAS OF THE GYM.
PLEASE USE SOAP AND WARM/HOT WATER WHEN WASHING HANDS, WASH HANDS OFTEN, USE HAND SANITIZER, AND USE DISINFECTANT WIPES ON EQUIPMENT AFTER USE.