In consideration of the services of DAMB Development Company dba Sanctuary Climbing & Fitness, its agents, owners, officers, volunteers, participants, employees and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “SCF”),I hereby agree to release and discharge SCF, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows: 1. I acknowledge that the activities involved in the use of any of SCF’s services or facilities at this location, or any off-site locations, both climbing and non-climbing related, entail significant risks, both known and unknown, which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. The risks include, among others: falling to the ground, falling on another participant, being fallen on by another participant, equipment failure, loose or damaged holds, ropes, belay devices, carabiners, belay bars, abrasions from the walls, ropes, silks, pads, or the floor, climbing out of control or beyond one’s own limits, as well as the negligence of other climbers, belayers, third parties and SCF. 2. I expressly agree and promise to accept and assume all the risks existing in these activities, both known and unknown, whether caused or alleged to be caused by the ordinary (but not gross) negligent acts or omissions of SCF. My participation in these activities is purely voluntary, and I elect to participate in these activities despite the risks. 3. Photo Consent: I understand that photography for promotional purposes may take place during regular gym hours and I hereby grant SCF permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. I understand and agree that all photos will become the property of the SCF and will not be returned.I hereby irrevocably authorize SCF to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful promotional purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo. I hereby hold harmless, release, and forever discharge SCF from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization. 4. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless SCF from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of SCF’s equipment or facilities, including any such claims which I, my children, parents, heirs, assigns, personal representative and estate have or may have that allege ordinary negligent acts or omissions of SCF. I UNDERSTAND THAT THIS RELEASE INCLUDES ALL CLAIMS AGAINST SCF ARRISING FROM IT’S ORDINARY NEGLIGENCE, BUT DOES NOT INCLUDE CLAIMS ARISING FROM SCF’S ALLEGED GROSS NEGLIGENCE. 5. Should SCF or anyone acting on their behalf be required to incur attorney fees and costs to enforce this agreement, I agree to indemnify and hold harmless for all such fees and costs. 6. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition. 7. I agree that the validity and enforceability of this Assumption of Risk and Release of Liability will be governed by the substantive law of California, without regard to its conflict of law rules. 8. I agree to abide by the rules of the facility. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against SC&F for any claim that I released by signing this document. 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 Today's Date: December 11, 2024 |