Release of Liability, Indemnity, and Assumption of Risk
In consideration of being permitted to use Bridges Rock Gym and/or any other facility owned or operated by Interior Elevation, LLC or its affiliates (together, the “Company”), or participate in any Company trainings, programs, events or activities, I voluntarily and with full capacity enter into this Release of Liability, Indemnity, and Assumption of Risk Agreement (this “Agreement”).
1. REPS & WARRANTIES. I have read the following list carefully, and I represent and warrant that:
a. I understand and acknowledge that the trainings, programs, and events held by the Company, either at Bridges Rock Gym or any other location, may expose me to inherent risks, both foreseeable and unforeseeable, including accidents, injury, illness, or even death.
b. I am familiar with the sports of indoor rock climbing and slacklining, and I understand and appreciate that both activities are inherently dangerous.
c. I understand that there are inherent risks (i) in using climbing walls or other equipment, (ii) in participating in yoga, fitness classes and other activities, and (iii) merely being on the Bridges Rock Gym premises or any other location where the Company conducts its activities.
d. I understand and acknowledge that climbing at Bridges Rock Gym or any other facility is not intended to prepare me for the risks and hazards of outdoor climbing.
e. I understand that climbing holds can and do spin, break, or otherwise fail, which may result in unexpected ground-fall, and that as a result of climbing hold, hardware, or gear failure, I may be struck by falling climbers or other objects, regardless of safety equipment, safety checks and supervision by the Company’s employees.
f. I am physically and mentally able to engage in all Company activities in which I opt to participate.
2. ASSUMPTION OF RISK. Knowing these and other risks, I choose to enter the Bridges Rock Gym premises, utilize its facilities, and/or participate in Company activities, wherever located. I accept and assume full responsibility for any and all risks of bodily injury, including permanent disability and death; property damage; noneconomic damage; and loss of any type; not only in ways that I might anticipate as a result of participating in certain activities, but also in ways that are unknown and unexpected, and even when I follow the instructions of Bridges Rock Gym, am supervised, and adhere to all procedures.
3. WAIVER AND RELEASE. I hereby waive, release, and discharge the Company and its affiliated entities (whenever formed), their principals, managers, directors, employees, contractors, officers, representatives and agents (collectively, the “Company Parties”), from any and all claims, demands, damages, losses, expense, causes of action which I now have or may have in the future (“Claims”), arising out of or related to the risks described in Section 2, Bridges Rock Gym, or any activities sponsored by the Company, wherever conducted, and due to any cause whatsoever, including the negligence on the part of Company Parties. As further consideration, I hereby waive the provisions of Section 1542 of the California Civil Code, which reads as follows:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
4. COVENANT NOT TO SUE. I hereby covenant and agree not to sue or bring, maintain, or voluntarily aid any type of action (legal, equitable, administrative or otherwise) against any of the Company Parties, either affirmatively or by way of cross-complaint, defense or counterclaim, with respect to Claims described in Sections 3, above. This provision shall be construed as a covenant not to sue.
5. INDEMNITY. I agree to indemnity, hold harmless, and defend the Company Parties from any Claims described in Sections 3, above. Notwithstanding the prior sentence, I understand I shall not be required to indemnify the Company Parties for Claims arising from or related to the gross negligence or intentional or willful act of any of the Company Parties.
6. MY ABILITY TO PARTICIPATE. I expressly covenant that I will communicate with Company staff regarding any physical and/or psychological issues that might impact my participation in any Company activity or that might potentially cause risk of harm to myself, other participants, or invitees. I agree to consult my physician before engaging in any Company activities if I have any questions.
7. SUCCESSOR AND ASSIGNS. This Agreement shall be binding on my heirs, assignees, dependents, guardians, administrators, personal representatives and estate (together, “Successors”).
8. ARBITRATION. I expressly agree that any claim or controversy that arises out of or relates to this Agreement, or the breach of it, shall be settled by arbitration in accordance with the rules of the American Arbitration Association. Such arbitration shall be binding upon the parties and judgment upon the award rendered may be entered in any court with jurisdiction.
9. GENERAL PROVISIONS. This Agreement is intended to be as broad and inclusive as is permitted by the laws of California. If, for any reason, any provision of this Agreement is held invalid, all other provisions of this Agreement shall be construed to remain fully valid, enforceable, and binding on the parties. This Agreement shall be construed and governed in accordance with laws of the State of California. The terms and conditions contained herein shall expressly survive any termination of this Agreement. No oral representations, statements or inducements have been made to me to cause me to enter into this Agreement. Any modification to this Agreement must be in writing and signed by the Company. If any legal action (including any arbitration) is brought by any party to this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs.
I have read and understand this Agreement and understand it is a release of all claims for injuries and damages, whatsoever, and that it contains other provisions that are binding on me and my Successors.
I voluntarily sign my name evidencing acceptance of this Agreement. If under 18 years of age, signature of parent or guardian is also required.
Date: January 25, 2020