THE FRONT CLIMBING CLUB
ASSUMPTION OF RISK, RELEASE, INDEMNIFICATION AND FACILITY AGREEMENT
In consideration of my entrance onto the premises or use of the facilities or services of Rocky Ventures, Inc., dba, “The Front Climbing Club”, (collectively referred to herein with The Front’s employees, owners, directors, officers, agents, representatives, affiliates, independent contractors, and assigns as, “The Front”), I, the undersigned person, AGREE AS FOLLOWS:
ASSUMPTION OF RISK
1. I acknowledge and understand that: (a) my participation, in any capacity, in roped climbing, bouldering, weight lifting, cardiovascular training, yoga, use of the dog park, and any other activities or services provided by The Front, at its facilities or elsewhere; and (b) my presence at The Front’s premises, now or in the future (collectively referred to as the “Activities”), HAS KNOWN AND UNKNOWN RISKS THAT COULD RESULT IN SEVERE PHYSICAL OR EMOTIONAL INJURY, PARALYSIS, DEATH, OR DAMAGE TO MYSELF, TO PROPERTY, OR TO ANYONE ELSE, EVEN IF I FOLLOW THE INSTRUCTIONS AND RULES OF THE FRONT. I understand that injuries of all types are a common and ordinary occurrence of the Activities, and that such risks simply cannot be eliminated without jeopardizing the essential qualities of the Activities. The risks include, among other things:
- injuries from falling or jumping off bouldering walls, regardless of landing surface,
- falls resulting in impact with the ground, other climbers, or climbing holds and structures,
- falling onto uneven, worn or hard landing surfaces,
- being struck by or collisions with other participants or objects,
- spinning, loose or broken holds,
- anchor or other equipment failure (even if properly used),
- misuse of belay and auto belay devices,
- the actions of others, including the inexperience, mistakes and negligence of belayers, co-participants, or others
- overuse injuries,
- the aggravation of preexisting physical or mental health conditions,
- being involved in accidents or contracting illnesses while observing or being near other climbers or people,
- risks identified by The Front through rules and warnings, written, oral, or otherwise, and other foreseeable or unforeseeable events or circumstances.
2. I understand that The Front may require me to complete instructional training or tests for any given Activity, however, The Front shall have no duty to monitor my performance of the Activities.
3. I agree that I will and that it is my responsibility to abide by all of The Front’s rules and instructions, whether written or oral, provided now or in the future.
4. I understand that I am responsible for reviewing and following the manufacturer’s instructions for my equipment, assessing the condition and safety of such equipment prior to each use, and in no way will The Front be liable for any damages caused to me or anyone else for my failure to do so.
5. I represent that I have no physical or mental health conditions that would limit my ability to participate in or increase the risks associated with any Activities. Some examples of such conditions include: epilepsy, diabetes, heart disease, and past injuries/surgeries. I agree to consult my physician prior to participating in any Activity if I am unsure about my physical and mental condition to participate in any Activity.
6. I understand that the use of any drugs (prescription or otherwise) or alcohol while participating in any of the Activities could increase the risks associated with the Activities and that The Front is not responsible for monitoring my use of any such substance.
7. I understand that I am responsible for any children (or other minors) or pets I bring to The Front’s premises or events.
I UNDERSTAND AND ACKNOWLEDGE THAT MY ENTRY INTO THE FRONT’S PREMISES, OR PARTICIPATION IN, OR OBSERVATION OF, ANY ACTIVITIES ARE PURELY VOLUNTARY, AND I EXPRESSLY ASSUME ALL RISKS ASSOCIATED THEREWITH, IN SPITE OF AND WITH FULL KNOWLEDGE OF THE RISKS.
RELEASE OF LIABILITY AND INDEMNIFICATION
- I, FOR MYSELF, MY PARENTS, HEIRS, ASSIGNS, REPRESENTATIVES, ESTATE, AND NEXT OF KIN, UNCONDITIONALLY RELEASE AND DISCHARGE THE FRONT, VERTICAL SOLUTIONS, LLC, AND ANY OTHER MANUFACTURER OR DISTRIBUTOR OF EQUIPMENT USED BY THE FRONT (“RELEASED PARTIES”), FROM ALL DAMAGES, CLAIMS, LIABILITIES, OR CAUSES OF ACTION, ARISING OUT OF OR RELATED IN ANY WAY TO MY PARTICIPATION IN ACTIVITIES, MY USE OF THE FRONT’S EQUIPMENT, OR MY PRESENCE AT THE FRONT’S PREMISES, INCLUDING CLAIMS OF ORDINARY NEGLIGENCE ON THE PART OF RELEASED PARTIES.
- I AGREE TO HOLD HARMLESS, DEFEND, AND INDEMNIFY THE RELEASED PARTIES FROM ANY DAMAGE, CLAIM, LIABILITY OR CAUSE OF ACTION BY THIRD PARTIES ARISING OUT OF OR RELATED TO MY PARTICIPATION IN ANY ACTIVITES, MY USE OF THE FRONT’S FACILITIES OR EQUIPMENT, OR THE ACTIONS OF MINORS OR PETS THAT ACCOMPANY ME TO THE FRONT’S PREMISES.
- I acknowledge that The Front does not have medical personnel on staff. I authorize The Front to stabilize, obtain medical care for, or transport me to a medical facility or hospital if medical attention is required or I am unable to make such decisions for myself. I agree to pay all costs associated with such medical care and related transportation and shall HOLD HARMLESS, DEFEND, AND INDEMNIFY The Front from any costs incurred relating to such actions.
FACILITY TERMS AND CONDITIONS
- I acknowledge that The Front shall not be responsible for the safekeeping, loss, or theft of, or damage to, my property or the property of any other person at The Front’s premises or otherwise.
- I shall be liable for the reasonable cost of repairs or replacements to any of The Front’s equipment or property that I, or the minors or pets that accompany me, damage.
- I authorize The Front to use, store, or transfer my personal information (excluding any medical or financial information) and likeness, for any and all purposes in connection with promoting or improving the Activities, facilities or services of The Front, or otherwise furthering the interests of The Front. I acknowledge this may include posting photos of me or my name online, in publications, or sales materials.
- I agree that any delay or failure by The Front to exercise any right or remedy under this agreement will not constitute a waiver of that or any other right or remedy.
- I agree that The Front may assign any of its rights or obligations under this agreement without my consent.
- I agree that if any provision of this agreement or the application of any such provision to any person or circumstance is held invalid, unenforceable, or illegal, the remainder of this agreement and the portion of such provision or application not held invalid, unenforceable or illegal, will remain in effect and enforced to the fullest extent permitted by applicable law.
- GOVERNING LAW, JURISDICTION, AND WAIVER OF JURY TRIAL. I agree that this agreement shall be construed in accordance with, and governed by the substantive laws of the State of Utah, without reference to principles governing choice or conflicts of laws. In addition, I agree that any action or claims arising out of or relating in any way to this agreement, I submit to the exclusive jurisdiction of the Third District Court for the State of Utah. I VOLUNTARILY WAIVE ANY RIGHT I MAY HAVE TO A JURY TRIAL IN ANY SUCH ACTION OR CLAIM.
- This agreement constitutes the entire agreement between The Front and me regarding the subject matter hereof, and supersedes all previous agreements, understandings and arrangements, written or oral, between The Front and me in relation to such matters.
- I agree that this agreement shall continue in effect in perpetuity to the fullest extent allowed by law, so that each time I use The Front’s facilities, services, or participate in any activity in which The Front is involved, I shall be bound by its terms.
BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE THAT, AMONG OTHER THINGS, I AM WAIVING CERTAIN LEGAL RIGHTS, RELEASING THE FRONT OF LIABILITY, AND AGREEING TO INDEMNIFY THE FRONT.
(18 years and older only)