PARTICIPANT AGREEMENT, RELEASE, AND ASSUMPTION OF RISK In consideration of the services of CTI ROCKS LLC, an Indiana Limited Liability Company, dba Climb Time Indy, their agents, owners, officers, volunteers, participants, employees, and all the other persons or entities acting in a capacity on their behalf (hereinafter collectively referred to as “CTI”), I herby agree to the release, indemnify, and discharge CTI on behalf of myself, my children, my parents, my heirs, assigns, personal representative, and estate as follows: 1. I acknowledge that climbing on an artificial climbing wall entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things, falling off the wall; loose and/or artificial holds: rented equipment failure: falling to the ground, falling on other users, or being fallen on by other users; abrasions from the walls, ropes, pads, or the floor; equipment failure; belay and or belayer failure; climbing out of control or beyond ones personal limits; the negligence of other climbers, visitors, participants, or other persons who may be present; musculoskeletal injuries and/or over training; head injuries; or my own negligence. Furthermore, CTI employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They may give inadequate warnings or instructions, and the equipment being used might malfunction. 2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. 3. I herby voluntarily release, forever discharge, and agree to indemnify and hold harmless CTI 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 CTI’s equipment or facilities, including any such claims which allege acts or omissions of CTI. 4. Should CTI or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and cost. 5. I certify that I have adequate insurance to cover 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 am willing to assume the risk of any medical or physical condition I may have. 6. In the event that I file a lawsuit against CTI, I agree to do so solely in the state of Indiana, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void, or unenforceable, the remaining portions shall remain in full force and effect. By signing this document, I acknowledge that if anyone is hurt or if 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 CTI on the basis of any claim form which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understand it, and I agree to be bound by its terms. I have read, understand and agree to, on behalf of myself and/or on behalf of any minor. Safety Policies and Procedures of Climb Time Indy Please read and sign The following are the Safety Policies and Procedures of Climb Time Indy. They are not all inclusive and the user of the Climb Time Indy facility recognizes that they have responsibility to conduct themselves and any and all persons under their control or supervision, including minor children, in a proper, courteous, and safe manner during all times they are on the Climb Time Indy property. 1. In consideration for the use of the Climb Time Indy facility and equipment, you agree to accept full responsibility for your own safety and the safety of others while on the premises and to abide by and help enforce the following Safety Policies and Procedures. 2. All persons using or being a spectator of the Climb Time Indy facility shall have signed an Acknowledgment, Waiver, and Release from Liability Agreement, and if requested to gain access to the facility, present photo identification. 3. Each new user of the facility shall be required to demonstrate safe belaying and tie-in techniques to an authorized instructor of Climb Time Indy. Only approved climbers/spectators will be allowed in the climbing area. New belayers shall take a training secession and be qualified by an authorized instructor of Climb Time Indy before receiving approval for climbing. All belayers must be 14 years old or older, unless otherwise specified by a Climb Time Indy manager or owner. 4. No unbelayed climbing over ten (10) feet above the landing zone shall be permitted. Failure to strictly comply with this Policy may result in immediate expulsion from the facility and a withdrawal of any future climbing privileges. 5. Climbing above ten (10) feet restriction over the landing zone shall be roped and belayed using an approved belay device. All rope climbers and belayers shall wear approved harnesses. 6. Lead climbers and their belayers both must demonstrate the proper understanding of the leading and belaying techniques to an authorized instructor of Climb Time Indy before using the lead route wall. 7. All users of the Climb Time Indy facility have an affirmative duty to inform employees of Climb Time Indy as well as fellow climbers/belayers of any situation seen as being unsafe or not in compliance with these Safety Policies and Procedures. All climbers are requested to assist and encourage less experienced climbers. 8. All accidents or equipment damage or failures shall be reported to an employee of Climb Time Indy immediately. 9. Climb Time Indy reserves the right to deny access to its facilities to any person, permanently or for a specific period of time, for any breach of this agreement or failure to strictly adhere to the Safety Policies and Procedures or for any conduct that is viewed as unsafe, inappropriate or unhealthy, including, but not limited to, horseplay, foul or rude language, or defiance of a Climb Time Indy employee’s request. 10. Climb Time Indy is a Drug, Tobacco, and Alcohol Free Zone for all persons. 11. All images on film or photographs taken by or given to Climb Time Indy become the property of Climb Time Indy and may be used for promotional or commercial purposes. 12. Running is not permitted anywhere in the building. I have read, understand, and agree to, on behalf of myself and/or on behalf of any minor I Agree |