WARNING: PLEASE READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND AGREEMENT TO INDEMNIFY. BY SIGNING THIS AGREEMENT YOU ARE ASSUMING RISKS AND GIVING UP LEGAL RIGHTS. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY AND AGREE TO BE BOUND BY ITS TERMS. PLEASE SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF THE EFFECTS OF THIS AGREEMENT.
THIS RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT must be signed by all adult visitors (19 years of age and older) to the premises of The Approach, LLC (“Approach Climbing Gym” or “Approach”), and by a parent or guardian of all minor visitors, excepting only those persons who remain in the reception area or who will not participate in any activities. A parent or guardian (referred to in the document as “Parent”) signs and agrees for himself/herself and on behalf of the minor Participant.
I, the above-identified individual, desire to participate in activities sponsored by Approach Climbing Gym at the 4923 So. 72nd Street in Omaha, Nebraska (“premises”) and/or to participate in other activities located outside or off the premises, which are sponsored by or involving Approach. In consideration of Approach permitting me to participate in these activities, I, an adult visitor and/or the Parent of a minor visitor, understand, acknowledge, represent and agree as follows:
DESCRIPTION OF RISKS
- The inherent risks of an activity are those that are normal and natural to that activity and cannot be eliminated without changing the primary nature of the activity. I acknowledge that there are inherent risks in the sport of indoor and/or outdoor rock climbing, including but not limited to those dangers associated with climbing, descending, and belaying. Some of the hazards of climbing, including but not limited to: falling from or off the climbing wall, boulder or rappelling tower, including while exiting; colliding with, hitting, or being hit by, other persons, dropped items,(including ropes and climbing hardware or wall components), rock faces, holds and other projections (permanent or temporary), mats, the floor or the ground; rope or webbing abrasion and entanglement; the use and misuse of ropes, auto-belay devices, slings, harnesses, climbing hardware, anchor points, or any part of the climbing wall or boulder structure; the failure or malfunction of machines or equipment; slips, trips, falls and other trauma while moving about and using the premises and fixtures, including exercise and fitness equipment; physical exhaustion, cuts, bruises, muscle and tendon strain, twisted or sprained ankles, paralysis, concussions, and even death; and the carelessness of other visitors, including participants in the activities.
- There are inherent risks associated with the use of or participation in other climbing related equipment or activities, including but not limited to the risks associated with the use of exercise equipment or participating in group exercise classes, cycling, yoga, weight lifting, and other sporting, recreational, or educational activities, including but not limited to injuries by sprain, strain or otherwise resulting in damages to bones, joints, ligaments, and/or muscles and overall soreness of my body.
- I confirm that I am physically and mentally capable of participating in all Approach activities. I also confirm that I have no condition (mental or physical) that might create risks to myself or others, and that I am not under the influence of drugs or alcohol or any substance that might in any way impair my ability to engage in the activities. I will not engage in activities beyond my capabilities or otherwise endanger myself or others while engaging in activities, using the equipment, or moving about the premises. I am responsible for monitoring my own physical and mental condition throughout the activities and understand that if my mental or physical condition changes after the execution of this release such that I am not capable of participating in the activity or using the equipment, I am obligated to cease participation in the activities immediately and report the same to an Approach staff member. I understand that no amount of supervision, care, caution, instruction, or expertise can eliminate the inherent dangers associated with the activities.
- I agree to use all of the protective gear that I am instructed to use, including without limitation a helmet. I understand that wearing a helmet does not eliminate the dangers associated with rock climbing but that in certain instances a helmet can reduce the risk of permanent injury or death. Nevertheless, if I choose not to wear a helmet, I do so at my own risk and against Approach's advice.
- I agree to be attentive to the proper use of the auto belays and agree and understand that it is absolutely necessary to assure by all reasonable means that I am properly attached to the mechanism before climbing.
- I am capable of examining and assessing my own equipment that I use during a climb and that I am solely responsible for inspecting and assessing the quantity and quality of my own gear. If damage occurs to equipment belonging to Approach while I am using it, I will bring it to the attention of the Approach staff in charge so that they can evaluate the equipment.
- I understand that statistically bouldering is more dangerous than roped climbing because every fall is a ground fall. My voluntary participation in bouldering indicates my acknowledgement that bouldering is very dangerous and that a spotter may not prevent injuries. I also understand that spotters may be injured in the event that I fall.
- I agree to complete an orientation by Approach prior to engaging in climbing activities or assisting a minor. I acknowledge that any climbing instruction that I may receive from the Approach staff is general in nature and may not apply to all climbing conditions. I understand that any instruction that I do receive does not prepare me to climb beyond my ability or without supervision.
- I hereby warrant that I have had the opportunity to ask questions and receive full and complete information concerning the details of the activities at Approach, the qualifications of the instructors and staff, and the terms of this Agreement with Approach and all such information has been furnished to my full and complete satisfaction.
ASSUMPTION OF RISKS
I understand the activities and risks described above and understand that other risks may be encountered. I understand that these risks cannot be eliminated without destroying the basic nature of the activities and reducing their appeal and value. I understand that these and other risks may result in all manner of injury, including slight injury or serious bodily injury, temporary or permanent disability, paralysis, death, loss or damage to property, illness, anxiety caused by heights and other phobias.
I hereby freely acknowledge and assume all risks of a visit to the gym, whether or not described above and inherent or otherwise, including risks associated with my not wearing a helmet. My participation in activities and use of the premises is purely voluntary and I elect to do so in spite of the risks.
RELEASE OF LIABILITY AND INDEMNITY
I hereby release, waive and covenant not to sue, and further agree to indemnify, defend and hold harmless Approach and its officers, directors, partners, managers, members, agents, employees, contractors and volunteers (individually and collectively, the “Released Parties”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys’ fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to (i) my participation in the activities with Approach, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties and/or (ii) breach of any representation or acknowledgement made by me herein. I acknowledge and understand that this release of Liability is given in advance of any injury or damage to me and that it includes injury or damage to me caused by the negligence of the Released Parties. This Agreement shall be binding upon my heirs, executors, and administrators.
I understand that by signing this document, I surrender certain rights, the rights of others and the rights of any minor for whom I sign below, to make a claim or file a lawsuit against Approach or any other Released Party based upon my, or the minor child’s, enrollment or participation in any of Approach’s Activities, including my, or the minor child’s presence on the premises of Approach.
This Agreement is intended to be binding, to the fullest extent of the law, on all persons signing below, and their respective successors, heirs, executors, administrators, and family members. If any part of this document is deemed by a court of competent jurisdiction to be unenforceable the remainder shall nevertheless be in full force and effect. The terms of this Agreement cannot be altered except by a written document signed by the below participant and an authorized representative of Approach. This Agreement will govern all of visitor’s visits to Approach until it is replaced or cancelled in writing. This Agreement shall be governed by the substantive laws of the State of Nebraska without regard to its provisions regarding conflicts of laws; and any suit or mediation of the dispute will take place solely in federal or state courts in Douglas County, Nebraska.
Approach may from time to time employ independent contractors to perform certain services in connection with the activities. Approach is not responsible for the acts or omissions of these contractors.
This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements are valid apart from this Agreement.
Visitor and/or Parent authorizes any medical treatment which Approach staff deems necessary in the event of an injury or illness to visitor while on the premises. Visitor agrees to pay all costs of rescue and/or medical services as may be incurred on visitor’s behalf.
I understand that during the activities I may be photographed or videotaped. I agree that any film or photograph of me or the child taken at the premises of Approach becomes the property of Approach and may be used for promotional or commercial purposes without compensation to me or the child.
I acknowledge that I have read this Agreement carefully and in its entirety, that I understand its terms and conditions, and acknowledge that I will be giving up substantial legal rights, including the rights of others, by signing it.
Parent or Legal Guardian signature required if Visitor is under 19 years old:
As a parent or legal guardian appointed by the courts of the minor identified in this Agreement, I hereby agree to all of the terms and conditions set forth in this Agreement.
Signature of Participant (19-years old and older must sign) or Signature of Parent (or Legal Court Appointed Guardian)
Date: January 22, 2021
Gym Rules of Conduct
- All visitors must register at the front desk and complete an Approach Participant Agreement.
- Children under 12-years-old must be supervised at all times, unless part of an Approach program.
- No running, horseplay, or gymnastics of any kind; do not swing on the ropes.
- Demonstrate caution around all pipes, beam, ductwork, or other components, at the top of the walls.
- Be aware of your surroundings at all times. Do not climb, stand, or sit below another climber.
- No climbing-shoes or harnesses in the restrooms. No street-shoes on climbing surfaces or flooring.
- No food or drinks are allowed on the arena flooring or bouldering areas.
- Do not climb while wearing headphones.
- Climbing on anything besides designated climbing surfaces is prohibited.
- Approach is not responsible for lost or stolen items.
- No climbing or belaying is allowed while under the influence of intoxicating substances.
- The use of vulgar language or improper conduct is not permitted.
- Only Approach Staff are allowed to provide instruction. No exceptions.
- Notify staff immediately of any unusual climbing practices or rule violations in Approach.
- All climbers must use proper climbing equipment and attire including climbing shoes and a shirt.
- Equipment brought into Approach shall be used at the sole and exclusive risk of the equipment’s owner.
- All climbers and belayers must agree to DOUBLE CHECK their set-up before beginning.
- Belaying and lead climbing require special certification in order to use these techniques in Approach.
- Practice lead falls are not allowed in the facility except in lessons supervised by Approach staff.
- Participants climbing above 12-feet must be “on-belay” unless climbing in designated bouldering areas.
- Bouldering is allowed only over padded areas. Do not boulder underneath roped climbers.
- Do not “top-out” on bouldering walls; once at the top, climb back down.
- Do not try to “stick” your landing or catch yourself with your arms when falling.
I have read and agree to abide by the rules listed above as well as other rules that may be posted throughout the premises or climbing sites.