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 one or more of the Send It Climbing Gym climbing and fitness centers.
(b) to participate in trips, competitions, camps, climbing courses, adventures, and/or other types of events ( collectively, “Events”) which may take place at Send It Climbing Gym or are otherwise sponsored by or involve Send It Climbing Gym or it’s officers, directors, employees, contractors, agents,investors(collectively, Released Parties).
(c) to engage in wall climbing, bouldering, other climbing activities, sports,fitness, activities, or any other types of activities (collectively, “activities”) which may take place at one of our Facilities or are otherwise provided or sponsored by or involve Send It Climbing Gym or any of the released parties. All references to the facility include all rooms, areas, and spaces on the interior, exterior, parking lot, and property.
I agree that the “events” and “activities” span from the time I leave my residence prior to the event or activity to the time that I return to my residence after the conclusion of that Event or Activity.
In consideration for the Send It Climbing Gym permitting me and/or my child (collectively “me,I,My”) to use the Facilities, to participate in the Events and/or to engage in the Activities, I hereby agree to execute this release.
A. I waive and release the released parties from any injury, loss, damage, expense, action, claim, or death to myself or child, and any liability arising out of any use of the Facilities, or the participation/engagement in any of the Activities or Events:
I agree to release and discharge the Send It 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 any facility or equipment located at the facility;(ii) my participation in the Events sponsored by or involving any Facility, or any other Released Parties; (iii) participation in or observation of the Event/ Activity sponsored by or involving the Facility or any of the other Released Parties; (iv) my interaction with any of the Released Parties; (v) my placement in the care, custody or control of any of the Released Parties.
This release is intended to release and discharge the Released Parties from any and all losses, damages, expenses, actions, claims, and liabilities of any nature whatsoever, including negligence, or breach of any duties which may be owed by the Released Parties.
I understand that this release prohibits me from filing any lawsuit against any of the released parties for any of the stated reasons in the paragraph now or in the future, and from recovering any losses, damages, or expenses against any of the parties.
B. I assume the risk of injuries or death associated with the use of the facilities, the participation in any of the events, or the engagement in any of the activities:
I understand that there is a significant risk associated with the use of the Facility, participation in the Events, and engagement in the Activities that may be sponsored by or otherwise involve the Facility or any of the Released Parties. I acknowledge that certain risks cannot be eliminated due to the nature of the Events or Activities, 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 failure of any kind; and physical injury as a result of engaging in physical activity. I understand that this list of risks are examples of the risk that I am assuming by using the Send It Climbing Gym and/or participating in the Events or Activities and that I am also assuming risks not specifically listed above. I recognize that through my participation and use of the Send It Climbing Gym, I will encounter these risks and serious injury or death may result. I further understand that no amount of care, caution, instruction or expertise can eliminate these risks.
I acknowledge that using the Facility, participating in Events or engaging in Activities sponsored by or involving the Facilities, or any of the other Released Parties involves certain risks, inherent and otherwise, including the risk of death or serious injury to myself or child, regardless of whether I follow the Send It climbing Gyms’ 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 not use such as a helmet or other safety equipment. I agree to assume all such risks, as well as any other risks involved in using the Facility, participating in Events or Activities sponsored by or involving the Send It Climbing Gym or any of the other Released Parties.
C. I agree to indemnify, hold harmless, and defend the released parties:
I further agree to indemnify, hold harmless and defend the Released Parties from 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 Facilities, participating in Events, and/or engaging in Activities sponsored by or involving the Send It Climbing Gym or any of the other Released Parties, including any loss, damage, liability, claim, or expense arising out of the Send It Climbing Gyms’ own negligence. I understand that this section means that I will have to reimburse the Send It 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, participating in Events, and/or engaging in Activities sponsored or involving the Climbing Gyms or any of the other Released Parties.
D. Waiver of Trial by jury:
I agree that the laws of the Commonwealth of Virginia 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 the Send It Climbing Gym or any of the other Released Parties, I agree that any lawsuit brought by me or on my behalf by my heirs, executors, shall be brought solely in a federal or state court located in the Commonwealth of Virginia. This release shall be effective upon my execution hereof and shall continue in force, for as long as I or my child use a facility, participate in an Event, and/or engage in an Activity sponsored by or involving the Send It Climbing Gym or any of the other Released Parties, unless terminated by written notice.
E. Permit the use of my likeness:
I hereby grant the Send It Climbing Gym the right to use my name, representation and likeness in any photograph, video recording, audio recording, or any other media taken at the Facility, during Events, or in connection with any of the Activities involving the Send It Climbing Gym or any of the other Released Parties promotional materials, brochures, advertising, social media, 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, the remainder of this Release shall survive in full force.
Facility orientation:
⦁ All climbers and observers must check in at the front desk before proceeding into the facility.
⦁ Climbing is dangerous and there are inherent risks. Participants and observers must assume the risks of climbing and entering the facility. All climbers, participants, observers, individuals operating a safety system, and anyone proceeding past the check in area must sign (or their parent or guardian must sign) the Send It Climbing Gym Waiver and Release of Liability for any injury or death and Assumption of Risks form.
⦁ Double check your partner’s safety system (Knots, Harness, Carabiners, Belay Device) before every climb. Staff reserve the to check safety systems at any time. Individuals who choose to bring their own equipment must assume and accept all responsibility for the proper selection, use, care, inspection, and maintenance of that equipment.
⦁ Individuals who wish to top rope belay, lead belay, or lead climb at Send It Climbing Gym must be at least 14 years of age and pass the corresponding Belay Test. Those individuals who do not pass or choose not to take the Belay Test will not be allowed to belay or tie knots. Individuals who fail a Belay Test must wait at least 24 hours before re-taking the same Belay Test. Individuals who have passed the Lead Climbing Test may borrow a lead rope at the front desk or use a personal rope that is a single UIAA approved rope in good condition that is at least 40 meters in length. Staff members have the right to revoke belay privileges at any time. Limited exceptions to the age requirement may be made for Send It Climbing Gym climbing team members.
⦁ Climbing rope must be tied directly to the climbers harness.
⦁ Weight differences between the climber and belayer can greatly impact the safety of both individuals.
⦁ All persons using the facility are expected to respect other individuals and conduct themselves in good order. Participation in climbing or fitness activities while under the influence of drugs or alcohol is strictly prohibited. Persons deemed by staff to be behaving in an unsafe or disorderly fashion will be asked to leave the facility.
⦁ Youth under the age of 14 must be supervised by an adult or staff member at all times. Parents and caregivers are responsible for the supervision of their children, including any child that they have brought to the facility.
⦁ Youth under the age of 14 are not permitted in the fitness are. Limited exceptions to the fitness area age requirement are made for the Send It Climbing Gym team members.
Bouldering Orientation:
⦁ I certify that I will watch the Bouldering Orientation video, Confirm that I watched it to a staff member, and ask any questions that I may have prior to Bouldering in any area of the facility. If the participant is a minor, I as the parent or legal guardian understand that it is my responsibility to review the video and orientation materials and provide the information to my child.
⦁ Bouldering (un-roped climbing) is permitted in designated bouldering areas, or no higher than 4 feet between the lowest part of the climbers body and the floor in areas designated for roped climbing.
⦁ When Bouldering (climbing without a rope) YOU WILL FALL. You will hit the ground every time you fall. This greatly increases the risk of serious injury or death. Padded floors and/or crash pads help to protect the falling climber/person but do not and cannot guarantee prevention of injury or death. Improper pad placement or improper use of the pad can also cause injury or death. Injury is more likely when you fall from or near the top of the wall/and or if you miss the crash pad or land on the edge of a crash pad.
To reduce your risk of injury: - Never climb on top of (top out) the boulder, wall, or any other structure in the facility.
- Do not intentionally drop or jump from wall. Down climb when possible using larger or designated down climbing holds.
- Before each climb, position pads (where present) so that you will land in the middle of the pad.
- Use a spotter to help position pads (where present) and promote a clear landing area.
- Keep landing area clear.
- Do not lounge on pads or walk under climbers. Remove all personal items from landing areas.
- Be aware at all times to avoid landing on or being landed on by other participants.
⦁ Proper Falling Technique Can Reduce Injuries:
⦁ When falling first spot your landing
⦁ Stay relaxed and bend your knees and elbows.
⦁ Pull in your arms. Avoid extending your arms to reach for the floor.
⦁ As you land, absorb the impact with your legs bent and roll to the ground.
⦁ Boulder problems are rated using the V scale (VB, V0, V1, V2 etc.) with VB being the easiest.
⦁ Those who are new to bouldering should start with the easier problems (VB, V0, V1) and avoid climbing the full height of the wall until they are more comfortable with climbing, down climbing, proper falling technique, and how to utilize pads (where present).
⦁ While Send It Climbing Gym takes substantial measures to mitigate the risks of bouldering, all risks cannot be eliminated . Risks of serious injury or death are present even when you and Send It Climbing Gym incorporate all available safety measures.
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