Please read this Acknowledgment and Assumption of Risks and Release and Indemnity Agreement, including Introduction and Conclusion (the “Document”) carefully before signing. This Document informs you about your responsibilities and assumption of risks, and includes a release of liability, indemnification and surrender of certain legal rights.
Parent(s) or Legal Guardian(s) (hereafter collectively “parent(s)”) of any participating minor (hereafter sometimes “minor” or “child”) shall sign this Agreement. Participating minors (those under the age of 18) shall also sign. “I,” “me” or other first person references shall include both the parent and the minor, unless the context requires otherwise. References to “participant” include both minor and adult participants.
In consideration of the services of Vertical World, Inc., its agents, owners, officers, employees, representatives and all other persons or entities associated with it (hereafter collectively “Vertical World”), participant, including parent(s) of minor participants, agree as follows:
ACKNOWLEDGMENT AND ASSUMPTION OF RISKS
Engaging in climbing activities (including classes and instruction) either outdoors on natural rock, or at Vertical World’s indoor rock climbing facility’s involves serious risks! Activities (which may be scheduled or unscheduled and supervised or unsupervised) include, but are not limited to: bouldering, climbing, belaying, falling/jumping, rappelling, and transportation to and from activities (referred to in this Document as “activities”). I (and my parent/s, if I am a minor) acknowledge that these activities involve inherent and other risks, hazards and dangers (hereafter collectively “risks”) that can cause or lead to injury, property damage, death or other loss to participant or others. The following describes some, but not all of those risks:
Risks involved in physical activity. Activities vary, but can include lifting, climbing, falling/jumping, rappelling, belaying and sustained use of a participant’s arms and legs.
Risks present in an outdoor environment. Outdoor climbing activities can be subject to storms, strong winds, rain, lightning, falling or unstable rocks, and other natural or man-made hazards. Hazards may not be marked and weather is always unpredictable.
Risks in decision making. Participants must make judgments and decisions as they participate in climbing activities. So, too, Vertical World staff must make judgments and decisions as they teach climbing skills or assist participants. These judgments and decisions are, by their nature, imprecise and subject to error. Consequently, there are risks involved in decision-making and conduct, including, without limitation, the risk that a Vertical World staff member or representative, or a co-participant, may misjudge a participant’s capabilities, health or fitness level, or some aspect of instruction, medical treatment, or terrain.
Personal health and participation risks. The risk that participant’s mental, physical or emotional condition (disclosed or undisclosed, known or unknown) combined with participation in these activities could result in injury, damage, death or other loss.
Equipment failure or misuse. Equipment used includes, without limitation, artificial climbing holds and anchor points, ropes, slings, harnesses, climbing shoes, helmets, landing surfaces and climbing hardware which may be misused, or which can break, fail or malfunction. This includes participant’s personal equipment or equipment rented or borrowed from Vertical World.
Risks regarding conduct. The potential that participant, other participants or third parties (e.g. belayer, rescue squad, hospital) may act carelessly or recklessly or generally fail to exercise care.
Other risks, hazards and dangers associated with indoor or outdoor rock climbing activities and associated transportation.
These and other risks may result in participants (for example): falling partway or falling to the ground or landing surface; getting entangled in ropes or other equipment; impacting the rock face, anchor points, or other projections; colliding with or impacting objects or people. These and other circumstances may cause fractures, sprains, broken bones, heart or lung complications, concussions, cuts or abrasions, paralysis, mental or emotional trauma, illness, disability or other injury, damage, death or loss.
I (participant and parent(s) of a minor participant) acknowledge and agree:
• That participating in these activities requires a special degree of skill and knowledge different from other activities and that participant will follow Vertical World rules and policies;
• If participant has any mental, physical or emotional condition(s) or limitation/s that might compromise or affect his/her ability to participate in climbing activities, I agree to disclose those to Vertical World, and represent that participant is fully capable of participating without causing harm to himself/herself or others;
• Participants choosing to use their own climbing equipment in Vertical World’s facility/s or in outdoor climbing activities assume full responsibility for the use, care and condition of their equipment;
• Vertical World staff members are, and have been available, should I have further questions about the nature and physical demands of these activities and the associated risks, and Vertical World personnel cannot assure participant’s safety or eliminate any of these risks;
• Climbing is dangerous! In both supervised and unsupervised activities, all participants share in the responsibility for their own safety.
• Participant is voluntarily participating with knowledge of the risks. Therefore, participant (and parent(s) of minors), assume and accept full responsibility for the inherent and other risks (both known and unknown) of these activities and for any injury, damage, death or other loss suffered by participant (and parent(s) of minors) resulting from those risks, and/or resulting from participant’s own negligence or other misconduct.
RELEASE AND INDEMNITY AGREEMENT
Please read carefully. This section contains a surrender of certain legal rights. I (adult participant, or parent/s of a minor participant) agree:
(1) to release and agree not to sue Vertical World, with respect to any and all claims, liabilities, suits or expenses (including attorneys fees and costs) (hereafter collectively “claim” or “claim/s”), for any injury, damage, death or other loss in any way connected with my/my child’s enrollment or participation in Vertical World activities, or use of Vertical World’s climbing wall or other equipment, facilities or premises. I understand that in signing this Document, I, and anyone acting on my behalf, surrender all rights to make a claim against Vertical World as a result of any injury, damage, death or other loss suffered by me or my child;
(2) to defend and indemnify (“indemnify” meaning protect by reimbursement or payment) Vertical World with respect to any and all claim(s):
(a) brought by or on behalf of me or a family member, for any injury, damage, death or other loss in any way connected with my/my child’s enrollment or participation in Vertical World activities, or use of Vertical World’s climbing wall or other equipment, facilities or premises; and/or,
(b) brought by a co-participant or any other person, for any injury, damage, death or other loss to the extent caused, in whole or in part, by my/my child’s conduct in the course of participating in Vertical World activities or using Vertical World’s climbing wall or other equipment, facilities or premises.
This Release and Indemnity Agreement includes any losses resulting from Vertical World’s negligence (but not Vertical World’s gross negligence or willful misconduct) and includes claim/s for personal injury or wrongful death (including claim/s related to emergency or medical response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim.
I (participant and Parent/s of a minor participant) agree that Washington state law (without regard to its ‘conflict of law’ rules) governs this Document, any dispute I have with Vertical World and all other aspects of my relationship with Vertical World and that any mediation, suit or other proceeding must be filed exclusively in the state of Washington. I agree to attempt to settle any dispute (that cannot be settled by discussion) through mediation before a mutually acceptable mediator. I authorize Vertical World or other medical personnel to obtain or provide medical care for me/my child, to transport me/my child to a medical facility and to provide treatment they consider necessary for my/my child’s health. I agree to pay all costs associated with medical care and transportation. This Document is intended to be interpreted and enforced to the fullest extent allowed by law. Any portion of this Document deemed unlawful or unenforceable shall not affect the enforceability of the remaining provisions, and those remaining provisions shall continue in full force and effect.
Participants and Parent/s of a minor participant agree: I have carefully read, understand and voluntarily sign this Document and acknowledge that it shall be effective and binding upon me and my family members, heirs, executors, representatives and estate. One or both parent(s) must sign below for any participating minor (those under 18 years of age).
Dated: April 6, 2020