Please read this document carefully This document must be signed by an adult of at least eighteen years of age The individual named below desires: (a) to use or be granted access to The Commons Climbing Gym (“Facility”) that provides Climbing, Fitness, and Yoga and is owned or operated by The Commons LLC (“Climbing Gym”) and all of their predecessors and successors; (b) to engage in wall climbing, bouldering, classes, other climbing activities, sports, fitness activities, physical therapy sessions or any of the various other types of activities (collectively, “Activities”); and/or (c) to participate in trips, competitions, camps, climbing courses, adventures, and/or other types of events (collectively, “Events”) which may take place at the Facility or a remote location and/or are otherwise sponsored by or involve the Climbing Gym or the Climbing Gym’ officers, directors, employees, contractors, agents, affiliated entities, landlords and property managers (together with the Climbing Gym, collectively, “Released Parties”). All references to the “Facility” throughout this Waiver And Release Of Liability For Any Injury Or Death And Assumption Of Risks, includes all rooms, areas, and spaces on the interior of the Facility, the exterior of the Facility, and the parking lot of the Facility. For purposes of this Release, I agree that the “Activities” and “Events” span from the time that I leave my residence prior to each particular Activity or Event to the time that I return to my residence after the conclusion of that Activity or Event, as the case may be. A. I WAIVE AND RELEASE: I agree to release and discharge the Climbing Gym and the other Released Parties from liability for my death and any and all past, present, or future injuries, losses, damages, expenses, property damage, social losses, economic losses, actions, claims, and liabilities, whether known or unknown, anticipated or unanticipated, suspected or unsuspected, relating to or arising from: (i) the use of the Facility or equipment located at the Facility; (ii) participation in or observation of the Activities sponsored by or involving the Facility, the Climbing Gym or any of the other Released Parties; (iii) participation in Events sponsored by or involving the Facility, the Climbing Gym or any of the other Released Parties;(iv) interaction with any of the Released Parties; or (v) my placement in the care, custody or control of any of the Released Parties. I understand that this Release prohibits me from recovering any losses, damages or expenses against any of the Released Parties as identified in this paragraph. B. I ASSUME THE RISK: I understand that there are significant elements of risk associated with the use of the Facility, engagement in the Activities, and participation in the Events. I understand and acknowledge that certain risks cannot be eliminated due to the nature of the Activities or the Events, and that these elements and risks may be causes of injury, illness, permanent disability, trauma, or death. These risks and dangers include but are not limited to falling; landing on or striking padded or unpadded surfaces; being injured by falling objects or participants; being injured by the actions or inactions of other participants, including but not limited to other participants’ failure to belay properly; movement of climbing holds; equipment failures of any kind; and physical injury as a result of engaging in physical activity. I recognize that if I encounter these risks, serious injury or death may result, and I understand that no amount of care, caution, instruction or expertise can eliminate these risks. I acknowledge that using the Facility, engaging in the Activities and participating in the Events sponsored by or involving the Facility, or Climbing Gym involves certain risks, regardless of whether I follow the Climbing Gym’s safety instructions or recommendations, such as those pertaining to Facility rules and regulations, climbing, bouldering, instructional programs, or involving my choice of equipment to use or whether or not to wear a helmet or any other safety device. I agree to assume all such risks, while using the Facility, engaging in the Activities, and/or participating in Events sponsored by or involving the Climbing Gym or any of the other Released Parties. C. I AGREE TO HOLD HARMLESS, INDEMNIFY and DEFEND: I further agree to hold harmless, indemnify and defend the Released Parties from and against any and all loss, damage, liability, claim and expense, including costs and attorneys’ fees, incurred by any of the Released Parties as a result of my using the Facility, engaging in Activities, and/or participating in Events sponsored by or involving the Climbing Gym or any of the other Released Parties, including any loss, damage, liability, claim, and expense arising out of the Climbing Gym’s own negligence. I understand that this Section means that I will have to reimburse the Climbing Gym or any of the other Released Parties for any losses, damages, liabilities, claims, costs, attorneys’ fees, or expenses sustained by the Released Parties as a result of my using any Facility, engaging in Activities, and/or participating in Events sponsored by or involving the Climbing Gym or any of the other Released Parties. D. I WAIVE MY RIGHT TO A JURY TRIAL: The laws of the State of Idaho in which I use the Facility, participate in an Activity, or participate in an Event shall govern the rights and obligations of the parties to this Release and the interpretation, construction and enforceability of this Release. If any dispute shall arise between me and either the Climbing Gym or any of the other Released Parties, I agree that any lawsuit brought by or on behalf of me against any Released Parties shall be brought solely in a federal or state court located in Boise, Idaho. This Release shall be effective upon my execution hereof and shall continue in force, unless sooner terminated pursuant to a written notice, for so long as I or (if applicable) my child or such other below-named “Participant” use a Facility, engage in an Activity, and/or participate in an Event sponsored by or involving the Climbing Gym or any of the other Released Parties. E. I PERMIT THE USE OF MY LIKENESS: I acknowledge and agree that the Climbing Gym reserves the right to use any photograph, video recording, audio recording, or any other media taken at the Facility in connection with any of the Activities or Events involving the Climbing Gym for promotional materials, brochures and website. F. SEVERABILITY: If any term, provision, or condition, or any part thereof, of this Release shall for any reason be found or held to be invalid or unenforceable by a court or governmental agency of competent jurisdiction, such invalidity or unenforceability shall not effect the remainder of such term, provision, or condition or any other term, provision, or condition, and this Release shall survive and be construed as if such invalid or unenforceable term, provision or condition had not been contained therein. G. FACILITY POLICIES I agree that I have read and fully understand the policies of the Facility, and will abide by those policies, as well as others posted throughout the gym. We reserve the right to add or change our policies as we see appropriate in an effort to reduce risk for our patrons. I understand that it is my responsibility to continually familiarize myself with the policies in place at the Facility as they may change at any time. Refusal to abide by any Facility rules can be cause for the loss of climbing privileges without a refund. THIS RELEASE IS A BINDING LEGAL CONTRACT. PLEASE READ IT CAREFULLY BEFORE SIGNING. |
