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DAYTONA CLIMBING COMPANY, LLC d/b/a DAYTONA CLIMBING COMPANY
Release of Liability, Assumption of Risk, and Indemnification Agreement

** ALL PERSONS TO ENTER DAYTONA CLIMBING COMPANY MUST HAVE A WAIVER ON FILE. **

 

THIS IS A LEGALLY BINDING AGREEMENT.

Read it carefully before signing, and consult with an attorney if you are uncertain about its terms. Alterations are not permitted. This Agreement must be read and signed by all participants 14 years of age and older. If the participant is a minor (under 18), it must be signed also by the child’s natural guardian (defined by pertinent Florida law as the child’s mother or father, by birth or adoption, or, if the parents are divorced, the parent to whom custody is awarded). The natural guardian signs for himself or herself and on behalf of the child. Minors presenting this form bearing the signature of a natural guardian may be required to prove the authenticity of the signature. A minor who signs this agreement does so to reflect his or her understanding of the activities and their risks.

SPECIAL NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT EVEN IF DAYTONA CLIMBING COMPANY, LLC d/b/a DAYTONA CLIMBING COMPANY, ITS OWNERS, SUCCESSORS, AFFILIATES, EMPLOYEES AND AGENTS (IDENTIFIED AS “RELEASED PARTIES”, BELOW) USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM A RELEASED PARTY IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE RELEASED PARTIES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

In consideration of being allowed to participate in the activities described herein, the individual described above, and if a minor, by and together with his or her guardian described above, (“Participant”), acknowledges and agrees as follows:

  1. Activities and Risks:

    Climbing on artificial climbing walls, and related activities (including, but not limited to, bouldering, challenge type activities and fitness or exercise classes) exposes participants to numerous risk’s which might result in physical and emotional injury, death or property loss or damage. These risks include, among others, the following: falling, to the floor or pads; falling or swinging into the climbing wall and other structures and objects; being struck by falling climbers, hardware, tools, broken or dropped holds and other objects; entanglement in ropes; abrasions and/other injuries from contact with climbing walls, ropes, holds, loose holds, dropped holds, broken holds, pads, or the floor. Climbing and belaying equipment and structures may malfunction, be defective, or fail; and absorbing materials, including pads, below the wall may not prevent all injuries from falls. Participants may participate out of control or beyond their limits or otherwise act in a negligent or intentional manner, which contributes to the injury or death of themselves or another participant. Staff, visitors, belayers and other persons present may act negligently or engage in other wrongful conduct. Daytona Climbing Company, LLC d/b/a Daytona Climbing Company may fail to warn participants or the natural guardians of certain inherent risks. These risks are inherent in a participant’s enrollment and climbing and related activities and they cannot be eliminated without altering the nature of the experience. Other risks may be encountered. If I am the guardian of a minor participant, I have explained the risks and possible outcomes to the child. I, and the child, understand them and we both choose for the child to participate nevertheless. My, or the child’s, participation is voluntary.

  2. Assumption of Risks:

    Participant, for myself and on behalf of my minor child, if applicable, to the maximum extent allowed by law, understand, acknowledge and assume any and all risks of Daytona Climbing Company, LLC d/b/a Daytona Climbing Company activities and the use of its facilities and equipment, inherent or not, and whether or not described in this document.

  3. Release and Indemnity (Adult participant):

    Participant hereby releases and covenants not to sue Daytona Climbing Company, LLC d/b/a Daytona Climbing Company, its owners, successors, affiliates, employees and agents (hereinafter each a “Released Party”, or collectively “Released Parties”), with respect to liability for any personal injury, including death, property loss or damage, and all other claims, demands or causes of action which accrue to me, which are in any way related to my enrollment or participation in an activity of Daytona Climbing Company, LLC d/b/a Daytona Climbing Company or the use of its facilities or equipment. In addition, Participant agrees to protect, defend, hold harmless and indemnify (including the payment of reasonable attorneys fees, costs and insurance deductibles) Released Parties and each of them with respect to any claim of loss suffered or caused by me, by whomever it may be brought, which relates in any way to my enrollment in an activity of Daytona Climbing Company, LLC d/b/a Daytona Climbing Company or the use of its facilities or equipment. These agreements of release and indemnity include claims of negligent (including, to the extent allowed by law, grossly negligent) acts or omissions of a Released Party, but not intentionally wrongful conduct.

  4. Release and Indemnity (Guardian for himself or herself and on behalf of a minor participant):

    As the natural guardian of the minor participant I, for myself and on behalf of the minor, if applicable, hereby releases and covenants not to sue Daytona Climbing Company, LLC d/b/a Daytona Climbing Company, its owners, successors, affiliates, employees and agents (hereinafter each a “Released Party”, or collectively “Released Parties” or “Releasees”), with respect to liability for any personal injury, including death, property loss or damage, and any and all other claims, demands or causes of action which accrue to me or to my child which are in any way related to the child’s enrollment or participation in an activity of Daytona Climbing Company, LLC d/b/a Daytona Climbing Company or the use of its facilities or equipment. The claims which I hereby release for myself include claims of negligence(including, to the extent allowed by law, grossly negligent) acts or omissions of a Released Party, but not intentionally wrongful conduct. The claims which I release on behalf of my child are those which accrue to the child resulting from an inherent risk of the child’s enrollment or participation in an activity of Daytona Climbing Company, LLC d/b/a Daytona Climbing Company or the use of its facilities or equipment. (IMPORTANT: For purposes of this Release by the parent or guardian on behalf of the minor child, “inherent risk” is defined by applicable Florida law as those dangers or conditions, known or unknown, which are characteristic of, intrinsic to, or an integral part of the activity and which are not eliminated even if the activity provider acts with due care in a reasonable manner. The term includes, among other acts or omissions, the failure of the activity provider to warn the natural guardian or child of an inherent risk, and the negligent or intentional acts of the child or another participant which may contribute to the injury or death of the minor participant. “Participant” for purposes of this Release, DOES NOT include Daytona Climbing Company, LLC dba Daytona Climbing Company its owners, successors, affiliates, employees and agents.) In addition, Participant agrees to protect, defend, hold harmless and indemnify (including the payment of reasonable attorneys fees, costs and insurance deductibles) Released Parties and each of them, with respect to any 3 claim of loss suffered or caused by the child, by whomever it may be brought, in any way related to my minor child’s enrollment in an activity of Daytona Climbing Company, LLC dba Daytona Climbing Company or the use of its facilities or equipment. This agreement of indemnity include claims of negligent (including, to the extent allowed by law, grossly negligent) acts or omissions of a Released Party, but not intentionally wrongful conduct.

  5. Other:

    a. Participant, as an adult participant or natural guardian, agree that if any part of this Agreement is held by a court of law to be unenforceable, the remainder shall survive. It is my intent to comply fully with Florida law, including with respect to a natural guardian’s authority to release certain claims on behalf of Participant’s child or ward. The venue of any legal action arising out of, concerning or involving this document, or a claim of any sort against a Released Party will be Volusia County, Florida. I agree also that the laws of the State of Florida (not including the laws which might apply of another jurisdiction) will be applied to an interpretation of this Agreement and any dispute which arises between me, or the child, and a Released Party.

    b. Participant agrees further that this agreement will remain in full force and effect, and apply to subsequent visits to Daytona Climbing Company, LLC d/b/a Daytona Climbing Company by me, or the minor child, until revoked in writing, with notice to the other party. Future participation and use of Daytona Climbing Company, LLC d/b/a Daytona Climbing Company is evidence of my or the child’s, continuing agreement with the terms of this document. This agreement may be assigned by Daytona Climbing Company, LLC d/b/a Daytona Climbing Company without my permission or consent.

    c. Participant understands that photographs and video recordings which include me or the child may be taken at Daytona Climbing Company, LLC d/b/a Daytona Climbing Company. I agree that Daytona Climbing Company, LLC d/b/a Daytona Climbing Company may use my or the child’s likeness in any and all of its publications and advertisements without payment or any other consideration.

    d. Daytona Climbing Company, LLC d/b/a Daytona Climbing Company wants to provide a fun environment for all participants and spectators. Participant understands and agrees that Daytona Climbing Company, LLC d/b/a Daytona Climbing Company reserves the right to deny or revoke access to anyone for any act deemed inappropriate.

    e. Participant has read, understands and agrees to obey the posted Safety Rules which are printed and available at Daytona Climbing Company, LLC d/b/a Daytona Climbing Company and its website.

Participant represents that Participant has complete and absolute authority to bind, contract for and legally act on behalf of myself and the minor participant, and understand and agree that RELEASED PARTIES rely to their detriment upon this representation and would not allow the minor child to participate without this representation. I have had sufficient opportunity to read and understand this document and intend for it to be binding on me, the minor child who is a participant, and members of my, and the child’s, respective families, estates and personal representatives. Guardian(s) must sign below for the minor child to participate and agree that they and the minor child are subject to all the terms of this document, as set forth above. 


*** NOTICE: PARENTS / GUARDIANS OF CHILDREN THAT WILL BE ATTENDING / PARTICIPATING WHERE THE PARENT / GUARDIAN WILL NOT BE PRESENT AT THE TIME OF THEIR INITIAL VISIT WILL NEED TO SEND THE CHILD / CHILDREN WITH A PHOTO OF THE DRIVER'S LICENSE USED TO COMPLETE THIS WAIVER.

IF THE PARTICIPATING MINOR CANNOT PROVIDE A PHOTO OF THE DRIVER'S LICENSE USED TO COMPLETE THIS WAIVER WHEN THEY ARRIVE FOR THE INTIAL VISIT THEY MAY NOT BE ALLOWED TO PARTICIPATE. ***


I Agree

Dated: May 15, 2024 


First Customers Name

First Name*

Last Name*

Phone*
First Customers Date of Birth*
First Customers Signature*
Second Customers Name

First Name*

Last Name*
Second Customers Date of Birth*
Third Customers Name

First Name*

Last Name*
Third Customers Date of Birth*
Fourth Customers Name

First Name*

Last Name*
Fourth Customers Date of Birth*
Fifth Customers Name

First Name*

Last Name*
Fifth Customers Date of Birth*
Sixth Customers Name

First Name*

Last Name*
Sixth Customers Date of Birth*
Seventh Customers Name

First Name*

Last Name*
Seventh Customers Date of Birth*
Eighth Customers Name

First Name*

Last Name*
Eighth Customers Date of Birth*
Ninth Customers Name

First Name*

Last Name*
Ninth Customers Date of Birth*
Tenth Customers Name

First Name*

Last Name*
Tenth Customers Date of Birth*
Customers Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*
Check to receive information, news, and discounts by e-mail.
A signed copy of this waiver will be sent to the email address you provide.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Parent or Guardian's Driver's License / ID Card

Driver's License / ID Card Number*

Issuing State*
Gym Rules

Read each rule then check the box to confirm that all customers contained within the waiver understand and agree to obey all of Daytona Climbing Company rules while on Daytona Climbing Company premises.

Keep it low - TOPS OF ALL WALLS ARE OFF LIMITS, No jumping from walls

Keep it clean - No food on climbing pads, Good aseptic practice, Keep climbing shoes in the gym at all times

Keep it clean - No food on climbing pads, Good aseptic practice, Keep climbing shoes in the gym at all times

Keep it clear - Be aware of your surroundings, stay clear of fall zones

Keep it polite - No racism, No harassment, No discrimination, No hate

Keep it safe - No running, No acrobatics, No climbing ladders

Keep it healthy - No smoking or vaping, No drugs, No alcohol

Keep it tidy - Discard trash/recycle, Clean up after yourself

Keep it comfortable - No soliciting, No loitering, No customers behind desk/walls

Keep it fun - Always follow Daytona Climbing Co. staff instructions, Always remember to have fun!!

I have read and fully understand the rules of the gym. *
I Understand.
OR PARENTS/GUARDIANS OF PARTICIPANTS OF MINORITY AGE 
(UNDER AGE 18 AT TIME OF REGISTRATION). 
This is to certify that I, as parent/guardian with legal responsibility for
 (Name of minor), do consent and agree to his/her release as provided above of all the Releasees, and for myself, my child and our heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releasees from any and all liabilities incident to my minor child’s involvement or participation in these programs as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, to the fullest extent permitted by law.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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