GEMSTONE CLIMBING CENTER, LLC
Release of Liability, Assumption of Risk, and
Indemnification Agreement This is a binding legal document. Please read carefully.
This document must be signed by an adult of at least 18 years of age. The individual named below desires to: (a) use or be
granted access to Gemstone Climbing Center owned and operated by Gemstone
Climbing Center, LLC (LLC); (b) to participate in trips,
competitions, camps, climbing courses, adventures, and/or other types of events
(collectively, events), which may take place at Gemstone Climbing Center, LLC
or are otherwise sponsored by or involve Gemstone Climbing Center, LLC or its
officers, directors, employees, contractors, agents, landlords and property
managers (together with Gemstone Climbing Center, LLC, collectively,
"Released Parties"); and/or (c) to engage in wall climbing, top-rope,
lead climbing, auto-belay climbing, bouldering, training, other climbing
activities, sports and other sporting activities, yoga, fitness and other
fitness activities, climbing instruction and classes, private instruction,
camps, birthday parties, team-building events, special events, yoga classes,
fitness classes, special events, and observing and spectating in the facility
or any of the various other types of activities (collectively,
"Activities") which may take place at Gemstone Climbing Center, LLC
or are otherwise sponsored by or involve Gemstone Climbing Center, LLC or any
of the other Released Parties. All references to Gemstone Climbing
Center, LLC throughout this Waiver and Release of Liability for Any Injury or
Death and Assumption of Risks ("Release") includes all rooms, areas,
and spaces on the interior of Gemstone Climbing Center, LLC, the exterior of
Gemstone Climbing Center, LLC, and the parking areas accorded to Gemstone
Climbing Center, LLC (collectively, Facilities). For the purposes of this
release only, I agree that the "Events" and "Activities"
span from the time that I leave my residence prior to each Event or Activity to
the time that I return to my residence after the conclusion of the Event or
Activity, as the case may be. In consideration for Gemstone Climbing
Center permitting me to use the Facilities, to participate in the Events and/or
to engage in the Activities, I have agreed to execute this Release. FURTHER, I AGREE AND UNDERSTAND THAT I WILL NOT BE
ALLOWED TO, NOR WILL I PARTICIPATE IN ANY EVENTS AND/OR ACTIVITIES AT GEMSTONE
CLIMBING CENTER WITHOUT (1) A SIGNED RELEASE BEING FILED WITH GEMSTONE CLIMBING
CENTER, AND (2) REVIEWING AND SIGNING COPY OF THE GEMSTONE CLIMBING CENTER
LLC RULES, CONDITIONS AND ORIENTATION, AND (3) THAT I HAVE BEEN PROVIDED WITH
COPIES OF EACH SUCH DOCUMENT FOR MY REVIEW. A. I WAIVE AND RELEASE GEMSTONE CLIMBING CENTER
FROM ANY POTENTIAL LIABILITY RESULTING FROM MY DEATH AND/OR ANY INJURY, LOSS,
DAMAGE, EXPENSE, ACTION, CLAIM, AND LIABILITY ARISING OUT OF ANY USE OF THE
FACILITES, THE PARTICIPATION IN ANY OF THE EVENTS, OR THE ENGAGEMENT IN ANY OF
THE ACTIVITIES: I agree to release and discharge Gemstone Climbing
Center, LLC and the other Released Parties from any potential liability
resulting from my death and/or from and against any and all past, present, or
future injuries, losses, damages, expenses, property damage, whether or not
anticipated or unanticipated, suspected or unsuspected, relating to or arising
from: (i) the use of the Facilities; (ii) the participation in the Events
sponsored by or involving any of the Facilities, Gemstone Climbing Center, LLC
or any of the other Released Parties; (iii) the engagement in the Activities
sponsored by or involving any of the Facilities, Gemstone Climbing Center, LLC
or any of the other Released Parties; (iv) the interaction with any of the
Released Parties; or (v) the placement in the care, custody or control of any
of the Released Parties. This Release is intended to release and
discharge the Released Parties from all losses, damages, expenses, actions,
claims and liabilities of any nature whatsoever, such as losses, damages,
expenses, actions, claims, and liabilities arising from or related to the
negligence of, or the breach of any duties which may be owed by, the Released
Parties. I understand that this Release prohibits me from filing any
lawsuit against any of the Released Parties for any of the reasons identified
in this paragraph, now or in the future, and from recovering any losses,
damages, or expenses against any of the Released Parties. B. I ASSUME THE RISK OF INJURIES OR DEATH
ASSOCIATED WITH THE USE OF THE FACILITIES, PARTICIPATION IN ANY OF THE EVENTS,
OR ENGAGEMENT IN ANY OF THE ACTIVITIES: In addition to my waiver and
release of the Released Parties from any loss, damage, expense, action, claim,
liability, injury or death, I understand that there are significant elements of
risk associated with participation in the Events and engagement in the
Activities that may be sponsored by or otherwise involve the Facilities,
Gemstone Climbing Center, LLC or any of the other Released Parties.
Certain risks cannot be eliminated without destroying the unique character of
the Events or the Activities. The same elements that contribute to the
unique character of the Events and the Activities can be causes of injury,
illness, or in extreme cases, permanent disability, trauma, or death. I
acknowledge that using the Facilities, participating in the Events and engaging
in the Activities sponsored by or involving the Facilities, GC Gemstone
Climbing Center, LLC C or any of the other Released Parties involves certain
risks, inherent or otherwise, including the risk of death or serious personal
injury, regardless of whether I follow Gemstone Climbing Center, LLC
instruction or recommendations, such as those pertaining to Facility rules and
regulations, climbing, bouldering, instructional programs, other sports
activities, fitness or yoga training/exercise, or involving my choice of
equipment to use or whether or not to wear a helmet or any other protective
device. Such risks include, but are not limited to, falls from any
height, improper landing and collisions, equipment failure, malfunction,
improper use or misuse; climbing holds that may spin, loosen, or break; ropes,
harnesses, carabiners, belay devices, auto-belays, anchors, flooring, crash
pads, fitness equipment, and other climbing or exercise equipment; collisions
with walls, structures, equipment, or other participants; failure of other
participants to properly belay or follow instructions; human error by
participants, belayers, instructors, staff and other individuals, risks
associated with physical exertion, including sprains, strains, fractures, concussions,
paralysis, and death. I agree to assume all such risks, as well as any other
risks involved in using the Facility, participating in Events, and/or engaging
in the Activities sponsored by or involving Gemstone Climbing Center, LLC or
any of the other Released Parties. C. I AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND
THE RELEASED PARTIES: I further agree to indemnify, hold harmless and
defend the Released Parties from and against any and all loss, damage,
liability, claim and expense, including attorneys' fees and costs, incurred by
any of the Released Parties in relation to my use, or if I am signing on behalf
of a minor as parent or legal guardian, said minor’s use of the Facilities,
participation in the Events and engagement in the Activities sponsored by or
involving Gemstone Climbing Center, LLC or any of the other Released Parties. D. CHOICE OF LAW: The laws of the State of
Idaho shall govern the rights and obligations of the parties to Release and the
interpretation, construction, and enforceability of Release. If any
dispute arises between me and either Gemstone Climbing Center, LLC or any of
the other Released Parties, I agree that any lawsuit brought by me against any
Released Parties shall be brought solely in a state court located in Idaho,
Twin Falls County. This release shall be effective upon my execution
hereof and shall continue in force, unless sooner terminated in writing, for so
long as I or my minor child (if applicable) or such other below-named
"Participant" uses a Facility, participates in an Event, and/or
engages in an Activity sponsored by or involving GCC or any of the other
Released Parties. E. OTHER CONSIDERATIONS: 1. I
permit the use of my likeness. I acknowledge and agree that Gemstone
Climbing Center, LLC reserves the right to use any photograph taken at the
Facilities, during Events, or, in connection with, any of the Activities
involving Gemstone Climbing Center, LLC or any of the other Released Parties in
connection with Gemstone Climbing Center, LLC promotional materials, brochures,
and website. 2. Capability to participate. I represent
that I am physically capable of participating in these activities without
creating an unreasonable risk to myself or others. I agree to follow all
Gemstone Climbing Center, LLC rules. I acknowledge Gemstone Climbing
Center, LLC staff has been available to answer my questions about the nature
and physical demands of these activities and their risks, hazards, and
dangers. I understand the presence of Gemstone Climbing Center; LLC
personnel are no assurance of my safety or the lessening of any of these or
other risks. 3. Medical attention and transport. In the
event of an accident and/or emergency, I authorize Gemstone Climbing Center,
LLC staff to contact the person(s) listed in Participant's emergency contact
information. Further, I authorize Gemstone Climbing Center, LLC staff to
obtain or provide medical care for me or my minor child (if applicable) and to
transport me or my minor child (if applicable) to a medical facility and to
exchange pertinent medical information with third party medical care
providers. I agree to pay all costs associated with such medical care and
transportation. 4. Severability. If any provision of
this Agreement or the application of any such provision to any person or
circumstance is held invalid, the remainder of the Agreement, and the
application of such provision other than to the extent it is held invalid, will
not be invalidated, or affected thereby and will remain in full force and
effect. I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE
DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS.
By signing below, I have read and I understand the foregoing acknowledgement of risk, assumption of risk and responsibility, and release of liability for any injury or death. I understand by signing this form I may be waiving valuable legal rights. |
