This is an important legal document and you must read and understand it before signing.
Shaleswall, Inc., d/b/a “Bigfoot Climbing Gym”, operates a facility at 212 Avery Avenue, Morganton, NC 28655, (which, including its parking areas, walkways and other outside space, are hereinafter referred to as “Facility”). At the Facility, BIGFOOT CLIMBING GYM provides recreational climbing, and fitness activities including indoor climbing, bouldering, and other activities. BIGFOOT CLIMBING GYM also conducts planned climbing and other activities outside of the Facility including events at other climbing venues. All such climbing, fitness, exercise, and other activities, whether at or away from the Facility (including BIGFOOT CLIMBING GYM provided or organized transportation), are hereafter referred to as the “Activities”.
In consideration of my admission to the Facility and/or being permitted to participate in one or more of the Activities, I do acknowledge, appreciate and agree that:
1. 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) BIGFOOT CLIMBING GYM 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 BIGFOOT CLIMBING GYM 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.
2. CONDUCT. I will comply with ALL BIGFOOT CLIMBING GYM rules, both written and as stated to me by BIGFOOT CLIMBING GYM staff during my participation in all Activities. I will obey the BIGFOOT CLIMBING GYM staff in regards to those rules as they affect the safety of myself, other participants and observers, the property of BIGFOOT CLIMBING GYM, and all natural resources used in connection with Activities. If I observe any hazards, either subjective or objective, to myself, other Activity participants, BIGFOOT CLIMBING GYM staff, BIGFOOT CLIMBING GYM property, the Facility, or natural resources used in connection with Activities, I will immediately bring those hazards to the attention of the nearest BIGFOOT CLIMBING GYM staff. I consent to the administration of first aid by BIGFOOT CLIMBING GYM staff, or other medical treatment, in the event I suffer an injury or become ill while at the Facility or engaging in an Activity.
3. 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, 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.
4. 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.
5. RELEASE: To the fullest extent permitted by law, I hereby release and discharge SHALESWALL, INC. and BIGFOOT CLIMBING GYM, the Landlords, their owners, affiliates, agents and employees, 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 the Facility (and participation or presence in or about the 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 BIGFOOT CLIMBING GYM employees and to avoid any situation I believe is dangerous until the condition is corrected or my question is satisfactorily answered. Bigfoot Climbing Gym reserves the rights to use any photos you may appear in for promotional purposes.
7. 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 the 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.
8. 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 of the 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 the Facility, to the fullest extent of the law.
9. MISCELLANEOUS: I understand that BIGFOOT CLIMBING GYM reserves the right to refuse or terminate service to me for any nondiscriminatory reason at any time. BIGFOOT CLIMBING GYM reserves the right to use any photograph or other media taken of me by BIGFOOT CLIMBING GYM to be used in BIGFOOT CLIMBING GYM promotional materials, brochures and/or related website. This Entrance Agreement shall: (i) remain in full force and effect until it is cancelled by BIGFOOT CLIMBING GYM 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 BIGFOOT CLIMBING GYM, 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 Facility, action or inaction of any Releasee, or this Entrance Agreement, venue for such action must be in Burke 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.
Bigfoot Climbing Gym Rules:
- Treat all other climbers with respect and courtesy
- All children 12 and under should always be accompanied by an adult
- Never walk or climb under a person that is above you on the wall No tumbling or gymnastic inside the gym
- No running, horseplay or pushing
- No profanity
- No drug use or smoking in the gym or surrounding parking areas (this includes electronic devices)
- No hanging or climbing on anything except for designated climbing holds that are mounted on the climbing surfaces
- Climbing shoes are required on mats and climbing surfaces. No street shoes are allowed on the mats or climbing surfaces.
- No food or drink on the climbing mats
- Shirt and pants or shorts are required while inside the gym
I, the undersigned, recognize the dangers inherent in the Activities and ones presence in any center such as the Facility. I am assuming the hazard of this risk upon myself since I wish to be admitted to the 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.
Today's Date: May 28, 2020