Please read this Release Agreement carefully and be certain that you understand the implications of signing.
Climbing Wall Rules and Regulations:
- Please be aware that climbing is an inherently dangerous sport. Climbing or bouldering on any manufactured climbing wall can result in falls and falling from any height can result in serious injury or even death. Please ask us if you have any questions or concerns about climbing in this Gym or these risks. Safety is our highest priority, but it is ultimately your personal responsibility.
- All adult Visitors (age eighteen (18) or older) must read and sign this Release Agreement. “Visitors” are all individuals who are participating in climbing and bouldering on indoor artificial surfaces, yoga and fitness training and/or other programs, use of the Gym’s equipment and facilities, including the lounge, locker rooms and rest rooms, and otherwise being on and moving about the premises of the Gym, including its outside perimeter and parking area (collectively “Gym Activities”) and/or observing or assisting the Gym Activities of others,
- Visitors under the age of eighteen (18) (a “Minor”) must have at least one parent or legal, court-appointed guardian (a “Parent” or a “Guardian”) sign this Release Agreement, on the last page of 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 Gym. 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 must comply with the instructions of the Gym’s staff on duty.
- There is no climbing instruction, personal training, coaching, or commercial use of the Gym without specific authorization by the Gym’s staff. This includes teaching others how to belay.
- All Visitors must seek and receive the Gym’s safety training and orientation to its climbing and bouldering activities and premises, including an opportunity for questions and answers. The orientation is essential to the Visitor’s successful management of the risks of the Gym’s climbing and bouldering activities. Visitors who enter the Gym without the consent of staff and without acquiring from the Gym this important, required safety training and orientation, must assure their own orientation before engaging in any climbing or bouldering activity. The Gym is not responsible to provide safety training and orientation to Visitors who enter the Gym without the consent of Gym staff.
- First time Visitors must also be instructed 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 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 Belayers and climbers must use proper belay technique and DOUBLE CHECK their set up before beginning the climb. The Belayer will check the climber’s gear and knots, and the climber will check the Belayer’s gear and system and exchange confirmation that the setup is correct. This technique must be performed at the start of every climb.
- All participants must use proper equipment. Any equipment brought to the Gym by a Visitor will be used at the sole and exclusive risk of such Visitor. The Gym does not permit any bare-foot climbing.
- The Belayer must maintain undivided attention to the climber by keeping the climber in sight at all times.
- Visitors must advise the Gym’s staff promptly if they observe damaged or defective equipment during use.
- Visitors, including those participating in Gym Activities, must not assume that they are being supervised, or even observed by, Gym staff.
- All Visitors must abide by all Gym rules posted in the Gym or otherwise communicated to Visitors to the Gym and comply with requests and instructions of Gym staff.
- Any infractions of the above rules will result in loss of privileges. Repeated infractions may result in loss of Gym membership.
IN CONSIDERATION OF RECEIVING FROM THE GYM THE OPPORTUNITY TO PARTICIPATE IN THE GYM ACTIVITIES, I, FOR MYSELF, MY PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, AND NEXT OF KIN, AGREEING TO BE LEGALLY BOUND HEREBY, AGREE AS FOLLOWS:
Express Assumption of Risk Associated with Gym Activities
- I, the undersigned, understand that, in consideration of using the facilities, climbing walls, equipment and/or participating in Gym Activities sponsored by the Gym, I voluntarily assume and accept all risks of a visit to the Gym, inherent or not, and whether or not described in this Release Agreement. I have read and agree to all the provisions of this Release Agreement and will obey all of the Gym’s 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 Gym features; (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 Gym 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 Gym, 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. The risks described above, and others, are inherent in a visit to the Gym; that is, without them, the basic value and character of the activities 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 Gym responsible for such.
- I ACKNOWLEDGE THAT I AM AWARE OF THE COVID-19 VIRUS AND THAT THE GYM HAS POSTED COVID-19 GUIDELINES THROUGHOUT THE GYM AND ON THE FRONT DOOR OF THE GYM. I WILL REVIEW THE COVID-19 GUIDELINES AND LEAVE THE GYM IF I AM IN VIOLATION OF THOSE GUIDELINES. I ACKNOWLEDGE THAT I AM AWARE THAT EVEN IF THE VISITORS TO THE GYM, THE GYM AND THE GYM 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 GYM AND THAT WITHOUT MY ACCEPTANCE OF THESE RISKS, THE BASIC VALUE AND CHARACTER OF THE ACTIVITIES IN AND A VISIT TO THE GYM WOULD BE ALTERED.
Facility Rules and Agreements
- I will comply with all rules of the Gym, both written and as stated to me by Gym staff (collectively “Gym Rules”), during my participation in the Gym Activities and/or presence at the Gym. I will obey the Gym staff regarding Gym Rules as they affect my safety, other participants and observers, the property of the Gym, and all resources used in conjunction with Gym Activities.
- I agree and warrant that I will inspect each portion of the Gym Activities in which I take part and if I find any condition that I consider to be unacceptable, hazardous, or dangerous, I will notify the Gym staff and refuse to take part in the Gym Activities until the condition has been corrected to my satisfaction.
- I understand that use of the Gym and any instruction that I receive at the Gym is no sufficient to prepare me for the risks and hazards of indoor or outdoor climbing, Furthermore, I understand that the teaching of rock wall and rock-climbing safety procedures is not allowed in the facility except by Gym staff.
- I understand that the Gym reserves the right to refuse or terminate service for any reason at any time, subject to Applicable Law.
- I am aware of all safety policies of the Gym and my responsibility to provide and use a protective helmet according to the manufacturer’s specifications while participating in climbing activities.
- I have read this Release Agreement, understand its terms, understand that I have given up substantial rights by signing it, and have signed it freely and without any inducement or assurance of any nature, and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by Applicable Law.
- I hereby authorize the Gym to take and use photographic or other images of me or the Minor Visitor for promotional, marketing, or other purposes, without liability or payment, and I hereby waive any right to additional consideration for the use of any such images.
- In the event of an accident or other medical emergency, I hereby authorize the Gym staff 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, Indemnification, and Promise Not to Sue
- I hereby RELEASE, COVENANT NOT TO SUE, 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 Gym, its owners, officers, directors, members, managers, trustees, employees, volunteers, and contractors, and the owner of the premises on which the Gym is located (each a “Released Party” and collectively 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 Gym, moving about the Gym, its premises, and the use of its facilities and equipment, even if the Gym’s 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 personal Belayer and equipment that I use 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’s mental or physical condition, then I, or the Minor for whom I purport to sign, will be a trespasser upon the premises 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 Gym or any other Released Party 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 Gym and the other Released Parties from any Claims associated with my or the Minor Visitor’s visit to the Gym, including without limitation Claims associated with moving about the Gym’s premises and the use of its facilities and equipment, whether brought by me, the Minor participant, 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, conduct.
- I understand and agree that independent contractors may conduct certain activities of the Gym and those independent contractors – not the Gym – are solely responsible for their acts and omissions
- THIS RELEASE AGREEMENT WILL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA, WITHOUT GIVING EFFECT TO ANY CHOICE OR CONFLICT OF LAW PROVISION OR RULE THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION.
- I, ON BEHALF OF MYSELF AND/OR THE MINOR VISITOR: (a) AGREE THAT THE STATE COURTS OF MONTGOMERY COUNTY, PENNSYLVANIA WILL HAVE EXCLUSIVE JURISDICTION AND VENUE OF ANY LAWSUIT BROUGHT AGAINST ANY RELEASED PARTY AND (b) VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR LITIGATION INVOLVING A RELEASED PARTY 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 Gym; provided, however, that modifications or other agreements might also be required in the future that will apply to visits hereafter.
I certify that I am at least 18 years of age and that no other representations have been made to me that change, alter, or modify anything within this Release Agreement. I have read this Release Agreement thoroughly and understand all the provisions of this Release Agreement. My use of the rock-climbing wall and my execution of this Release Agreement are both purely voluntary and I elect to do so regardless of the risks.
Today's Date: October 31, 2020