REQUIRED ASSUMPTION OF RISK, RELEASE, AND WAIVER OF LIABILITY
(hereinafter ”Entrance Agreement”)
This is an important legal document and you must read and understand it before signing.
Inner Peaks Matthews LLC, d/b/a “Inner Peaks Climbing Center”, “Inner Peaks Center,” and “Inner Peaks Climbing and Fitness” (“Inner Peaks”) operates facilities at 10715 Independence Pointe Pky.; Matthews, NC 28105 and 2220 South Tryon St., Charlotte, NC 28203 (each, including its parking areas, walkways and other outside space, a “Facility” and collectively the "Facilities"). Certain of the Facilities are leased from affiliates IP Real Estate, LLC, and IP Real Estate Matthews, LLC (the “Landlords”). At the Facilities, Inner Peaks provides recreational climbing, and fitness activities including indoor climbing, bouldering, belaying, rappelling, lowering on ropes, rescue systems, yoga, slacklining, weight lifting, use of other workout equipment, and other activities. Inner Peaks also conducts planned climbing and other activities outside of the Facilities including events at other climbing venues. All such climbing, yoga, fitness, exercise, and other activities, whether at or away from the Facilities (including Inner Peaks provided or organized transportation), are hereafter referred to as the “Activities”.
In consideration of my admission to a Facility and/or being permitted to participate in one or more of the Activities, I do acknowledge, appreciate and agree that:
- ASSUMPTION OF RISK. I am fully aware and understand that: (i) in any physical activity, risk of serious physical injury is possible. (ii) there are inherent risks in participating in the Activities and no amount of care, caution, instruction or expertise can eliminate those risks; (iii) the risk of injury resulting from any of the Activities is significant; (iv) such injury can cause illness, permanent disability, trauma, or death; (v) there are physical risks involved with any strenuous exercise; (vi) Inner Peaks advises me to obtain the advice of a physician prior to beginning a new exercise program; and (vii) it is my personal responsibility to consult with my doctor regarding my participation. I do knowingly and freely assume all risks (both known and unknown) and voluntarily take full responsibility for my participation in all Activities. I warrant to Inner Peaks that: (i) I have no medical condition which would prevent me from taking part in the Activities in which I will participate, (ii) I am in good health and in proper physical condition to participate in those Activities, and (iii) if my physical condition changes so that either statement (i) or (ii) of this sentence is not accurate, I will stop participating in all Activities immediately. I voluntarily assume complete responsibility for any loss or injury, including death, I may sustain or cause as a result of my presence in a Facility and/or participation in any Activity. I also assume responsibility for damage to or loss of personal property as the result of any accident or incident that may occur.
- CONDUCT. I will comply with ALL Inner Peaks rules, both written and as stated to me by Inner Peaks staff during my participation in all Activities. I will obey the Inner Peaks staff in regards to those rules as they affect the safety of myself, other participants and observers, the property of Inner Peaks, and all natural resources used in connection with Activities. If I observe any hazards, either subjective or objective, to myself, other Activity participants, Inner Peaks staff, Inner Peaks property, the Facilities, or natural resources used in connection with Activities, I will immediately bring those hazards to the attention of the nearest Inner Peaks staff. I consent to the administration of first aid by Inner Peaks staff, or other medical treatment, in the event I suffer an injury or become ill while at a Facility or engaging in an Activity.
- SPECIFIC TO CLIMBING: When climbing, injury may result from: (i) falling; (ii) hitting the floor, wall faces, people, ropes, or fixtures; and (iii) other causes, all of which may be unforeseeable. Climbing risks also include, but are not limited to, injuries resulting from: rope abrasion, rope entanglement, dropped items, other climbers, swinging belayers, failure to properly attach to belay systems, inadequate or negligent first aid and/or emergency measures, and failure of any of ropes, slings, harnesses, knots, climbing holds, anchor points, auto belay devices or part of the climbing wall. I understand that my belayer may be a friend/family member, someone working for Inner Peaks or that I may elect to use “automatic” belaying and I specifically assume all risk associated with any such belaying and any personal injury caused by or arising as a result of any belaying or any other aspect of the Activities involving or impacted by a belayer. I also assume risk for accident or injury caused by the negligence of my belayer whether such negligence is comparative or contributory or exclusive. I approve, agree and understand that any training or instruction I have received, or that my belayer has received, from Inner Peaks and/or videos that I have been provided for viewing by Inner Peaks are adequate and sufficient to provide me with the instruction and/or training that I need to safely engage in the Activities and that if I have any questions or concerns about any such instruction or training I have been given the opportunity to ask questions or voice any concerns prior to engaging in the Activity. By signing below and/or participating in the Activities, I further certify that if I am acting as a belayer, having a friend/family member act as a belayer or I am using “automatic” belaying, that I/we are competent to do so and I/we have all the necessary skill, training, certification and/or experience to do so.
- SPECIFIC TO BOULDERING: When bouldering, falling is common and should be anticipated. Injury may result when falling to the floor even though that floor is padded and crash pads are in place. Injury may also result from failure to keep the adjacent floor clear of equipment, improper spotting or assistance from fellow participants, misplaced crash pads, being below or attempting to assist a participant who falls, or inadequate or negligent first aid and/or emergency measures.
- SPECIFIC TO YOGA: Yoga is no substitute for medical diagnosis and treatment. Certain poses, or yoga practice in general, are not recommended for individuals with certain conditions (e.g., cardiac illness, later stages of pregnancy, or recent surgery). I recognize that it is my responsibility to notify my teacher of any serious illness or injury before every yoga class. I will not perform any postures to the extent of strain or pain.
- RELEASE: To the fullest extent permitted by law, I hereby release and discharge Inner Peaks, the Landlords, their directors, officers, shareholders, agents, employees, volunteers, independent contractors, vendors, business partners, or any other individuals or entities associated with or connected to Inner Peaks in any way, and each and every land owner, municipal and/or governmental agency upon whose property an Activity is conducted and their successors and assigns (all collectively the “Releasees”) from any liability whatsoever for any and all injuries, losses, liabilities, causes of action, suits, claims, and damages (including attorney’s fees and costs) to person or property related to my participation in the Activities or my presence in or about any Facility (and participation or presence in or about any Facility by my child or any minor over whom I have supervisory custody or guardianship); including, without limitation, all liability and claims for property damage, personal injuries or wrongful death, even though such injury, loss or damage results from the negligence of a Releasee or third party. This release is binding on my family, heirs, successors, assigns and agents and shall be deemed a release, waiver, discharge and covenant not to sue the Releasees. If I see or hear anything I feel is questionable or dangerous, it is my responsibility to ask or inform Inner Peaks employees and to avoid any situation I believe is dangerous until the condition is corrected or my question is satisfactorily answered.
- INDEMNIFICATION: I hereby agree that I will not sue any Releasee with regard to, and I will indemnify and hold the Releasees harmless from, any and all liabilities, suits, claims, actions, demands, losses and costs of any nature whatsoever (including attorney’s fees and costs) arising out of or in any way relating to my participation in any of the Activities and my presence at any Facility (or such participation or presence of my child or any minor over whom I have supervisory custody or guardianship), even though such injury, loss or damage results from the negligence of one or more Releasees or a third party. This indemnification is binding on my family, heirs, successors, assigns and agents.
- SPECIFIC TO MINORS: This is to certify that I am the parent or court appointed guardian of the participating minor named below and I consent for him /her to participate in the Activities and/or use any Facility. With legal responsibility for the participating minor, I (binding my heirs, successors and family) do consent and agree to his/her release, as provided in this Entrance Agreement, of all the Releasees. I have read, explained to the participating minor, and individually agree to all provisions of this Entrance Agreement and I further release and agree to indemnify and hold harmless the Releasees from any liabilities whether to the participating minor or to others (including attorney fees and costs) resulting from or incident to the minor’s involvement, observation, or participation in Activities and/or presence at any Facility, to the fullest extent of the law.
- MISCELLANEOUS: I understand that Inner Peaks reserves the right to refuse or terminate service to me for any nondiscriminatory reason at any time. Inner Peaks reserves the right to use any photograph or other media taken of me by Inner Peaks to be used in Inner Peaks promotional materials, brochures and/or related website. This Entrance Agreement shall: (i) remain in full force and effect until it is cancelled by Inner Peaks or modified by written agreement signed by all parties; (ii) not be modified or waived, in whole or in part, except by written agreement signed by Inner Peaks, and (iii) be governed by and interpreted under the laws of the state of North Carolina without reference to the choice-of-law rules of that state. If any legal action is brought concerning any Activity, the Facilities, action or inaction of any Releasee, or this Entrance Agreement, venue for such action must be in Mecklenburg County, North Carolina. If any term or provision of this Entrance Agreement, or the application thereof to any person or circumstance shall be held to be invalid or unenforceable, the remainder of this Entrance Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and all other terms and provisions of this Entrance Agreement shall be valid and enforced to the fullest extent permitted by law.
- In addition to all other risks I have voluntarily agreed to assume by my or my minor child(ren)'s use of the Premises and execution of my Entrance Agreement, I voluntarily acknowledge and assume all risk due to my or my minor child(ren)'s possible exposure on or about the Premises to any virus, bacteria, or other infectious pathogens (specifically including COVID-19 and any other coronavirus).
I, the undersigned, recognize the dangers inherent in the Activities and ones presence in any fitness center such as the Facilities. I am assuming the hazard of this risk upon myself since I wish to be admitted to a Facility and/or participate in Activities. I realize I am subject to injury from any of the Activities and that no form of preplanning can remove all of the danger to which I am exposing myself (or minor children under my supervision). I HAVE READ, UNDERSTOOD, AND DO HEREBY AGREE TO ABIDE BY THE TERMS OF THIS ENTRANCE AGREEMENT AND THEREFORE DO EXECUTE IT UNDER SEAL. I AM UNDER NO INDUCEMENT TO SIGN, AND I REALIZE THAT BY DOING SO, I GIVE UP SUBSTANTIAL RIGHTS.