CLIMBING ORIENTATION Please read the following carefully. This orientation is extremely important for ensuring the mitigation of risk for yourself and other climbers. Ask the staff if you have questions or concerns about any of the following. AGREE WITH EACH SECTION to indicate that you understand each of the rules below.
Video Confirmation: I have watched and understand all of the content in the orientation video. I Agree
Grading: VITAL uses colors to mark the difficulty of our climbs. Refer to the placards around the gym for all the details. If you are new to climbing, start with easier climbs first. More challenging climbs are often riskier. I Agree
Spotting: Spotting can be used to help control falls, but risk of injury still exists. Spotters should position themselves to help a climber fall on their feet, or protect their head and neck. Spotters should keep their hands held high, with their thumbs folded in. Spotting is not required, and should only be attempted by experienced climbers. I Agree
BK Mulch: The flooring on the roof is made from rubber mulch, which is different from the foam flooring inside the gym. Be sure that the rubber mulch in your fall zone is even, and there aren’t any hills or valleys in the mulch. Practice falling on the mulch before attempting your first climb. I Agree
How to Fall: As you ascend the wall, anticipate falling and know that you could fall at any point. After you reach the top of the climbing wall, or at any point you want to return to the floor, down-climb using any of the larger climbing holds on the wall instead of jumping down. Clear and prepare a fall zone. Before you start your route, be sure that the area underneath the route is clear from other people, chalk bags, etc. If you have time before you fall or jump off the wall, look down to make sure your landing area is clear. I Agree
Fall Zones: Don’t climb under anyone. If they fall you’ll both be injured. Don’t climb over someone. If you fall you’ll both be injured. Don’t walk through an active fall zone (the area where someone currently climbing could fall). Wait for the other climber to finish their route before you walk through. Constantly be aware of what’s above you as you walk through the gym’s climbing areas. If you see anyone doing anything dangerous, let them know! I Agree If You are a Minor or Climbing with a Minor: Children 12 years of age and under must be accompanied by an adult at all times while on the climbing padding. One adult is required for every two children. Don't run in the gym, especially on the padding. Exercise equipment is dangerous if used improperly. Use it properly or don’t use it. I Agree
Climbing Gym Etiquette: Take turns climbing on routes others are working on, routes that cross paths, or routes with intersecting fall zones. Whoever starts their climb first has the right-of-way on the climbing wall. I Agree
Emergency Procedures: If you or anyone else is injured, call the staff immediately or call 9-1-1. You may use the telephone located at the check-in counter in case of an emergency. A first-aid kit is located underneath the counter for minor injuries. I Agree
PARTICIPATION, ACKNOWLEDGMENT & ASSUMPTION OF RISKS & BINDING ARBITRATION AGREEMENT
INSTRUCTION WAIVER & RELEASE
Please read this document carefully and in its entirety. It is a binding agreement that contains important information including provisions that might limit your legal rights. To the extent that you are unclear about the meaning or effect of this language, please seek appropriate consultation. You have the choice to participate or to choose not to do so.
The Participant will be engaging in certain activities, which may include the following: (a) indoor rock climbing (reaching heights as high as 19 feet from the floor), including bouldering, belaying, rappelling, lowering on ropes, top roping, lead climbing, auto belay, rescue systems, and slacklining, (b) fitness activities, including yoga, weightlifting, aerial silks and other suspended acrobatic activities, use of a gym – including free weights, stationary bikes, and rowing machines, and group fitness activities; (c) spectating, (d) use of an outdoor climbing wall (with a height of up to 25 feet from the ground); (e) off-site instruction and/or organized trips (including transportation), including overnight camping and associated activities, hiking, climbing; (f) other activities for recreation, fun, and/or climbing-related development, as well as (g) instruction and/or (h) touring and/or visiting of the facilities referenced herein without paying a fee (collectively the “Activities”).
In consideration of being allowed to participate in the Activities provided by Vital East, LLC, Vital Upper East Side, LLC, Vital Upper West Side, LLC, and Vital Lower East Side, LLC each a New York limited liability company, or any of its affiliates, doing business as Vital Climbing Gym (collectively the “Host”), the Participant, and the Participant’s parent or legal guardian if Participant is a minor, hereby agrees, to the fullest extent permitted by law, as follows:
a) Participation in the Activities involves certain INHERENT RISKS. These inherent risks include, but are not limited, to: (a) misuse of the climbing walls, equipment, and/or facilities; (b) falls and abrupt and possibly harmful contact with persons, structures and objects (fixed and moveable), including climbing walls, volumes, holds, ropes, equipment (including dropped equipment during route setting or otherwise), flooring (including breaks or seams in flooring even if not open and obvious) and other surfaces; (c) failure of the facilities, climbing walls, holds, harnesses, auto belays and exercise, fitness, and other equipment; (d) crossing, climbing, or climbing down; (e) Limitations on personal physical coordination, capacity, sense of balance, decision making, and ability to follow or give or understand directions either as a “climber” or “belayer;” (f) mental or physical health problems of Participant and others; (g) speed climbing; (h) transmission of infectious disease, whether related to the COVID-19, or other pandemics, epidemics, disease outbreaks, public health emergencies, insect or rodent bite, or otherwise; (i) lack of training and conditioning; and (j) carelessness, inattention, and/or misjudgments, including negligence (active or passive), of Participant, other users of the Host’s facilities, and/or the Host’s staff, by improperly belaying, improperly tying in to the harness, improperly using or attaching to an auto belay, and otherwise failing to follow proper procedures, instructions and operating policies.
It is understood and acknowledged that injuries and/or death proximately caused by any inherent risk of the Activities may result from the actions or inactions of another participant. Participant, and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor, hereby acknowledge their understanding of the inherent risks and expressly agree to ASSUME THE INHERENT RISKS OF THE ACTIVITIES, including but not limited to those set forth above. b) The Participant, and Participant’s parent or legal guardian if Participant is a minor, hereby certifies that Participant has no physical or mental condition that precludes Participant from participating in the Activities or using the Equipment and that Participant is not participating against medical advice.
c) The Participant, and Participant’s parent or legal guardian if Participant is a minor, understands that Participant’s participation in the Activities and use of the Equipment is voluntary and further understands that they have the opportunity to inspect the Host’s Equipment and facilities before any participation. d) The Participant, and Participant’s parent or legal guardian if Participant is a minor, understands that Participant is obligated to follow the rules of the Activities and that Participant can minimize Participant’s risk of injury by doing so and through the exercise of common sense and by being aware of their surroundings. e) If, while participating in the Activities and/or using the Equipment, the Participant observes any unusual hazard or condition, which they believe jeopardizes Participant’s personal safety or that of others, Participant will remove themself from participation in the Activities and/or use of the Equipment and immediately bring said hazard or condition to the attention of the Host.
Bouldering, Belay, and Personal Responsibility Bouldering activities will not be belayed, spotted, or otherwise managed by the Host, although Participant may choose to be spotted by another participant at their own risk. Despite any padding Participant may observe on the floor of the climbing area, said padding will not protect Participant from injury in the event of a fall. Portable and natural wall climbers are assisted by means of anchors and natural and artificial handholds, and, depending on heights and other circumstances, may be supported in the climb by means of a “belay” – i.e., a system of ropes or cables managed by a Host staff member. Except as explicitly agreed in writing by the Host, the Host’s staff has no responsibility to assist, supervise, or even observe Participant. Participant is advised that holds used on artificial climbing surfaces are a convenience, not a safety feature, and they can and do break and drop. Participant hereby acknowledges that they share the responsibility for managing the risks of the Activities, supervised or not, and must follow the Host’s Rules as set forth at the end of this Visitor Agreement, posted in the Gym or on its website, or otherwise described by staff. Participant must also pay attention to the condition of ropes, anchors, holds and other equipment used by them and advise staff of any damage caused or observed.
After Hours Operations
The Host’s facility will be open every day, and for 24 hours each day, but will, after regular “Public Hours,” only be available only to Members and their Guests. Times other than Public Hours are referred to herein as “Member Hours.” During Member Hours, Participants will be without supervision or even observation by the Host’s staff, and Participants during Member Hours are solely responsible for themselves, their safety, and their property. Participants during Member Hours are urged to exercise or climb only with another adult Visitor. No emergency medical services will be available on site during either Public Hours or Member Hours.
Climbing Gym Rules
The Host reserves the right in its sole discretion to refuse entry to, or to remove any Participant and/or a Participant’s Guests from, the Host’s facility, or other activity site for any reason whatsoever.
The Host is not responsible for the safekeeping, loss, theft, or damage to the property of a Participant or the Guest of a Participant.
Participant must review and comply with the Climbing Orientation and Gym Rules and, if a member, the Membership Agreement, and any rules provided or posted at the Host’s facility or on its website and shall be responsible for any of their Guest’s compliance with same.
Should Participant or their Guest(s) damage or break any of the Host’s Equipment or property, Participant shall be liable for the cost of repair or replacement of such Equipment or the property.
In the event of an emergency, the Host is authorized to notify the person(s) listed under Participant’s emergency contact information.
All Participants (including Guests) must sign the Agreement.
Participant agrees to have their Guest(s) read and sign this Agreement before such Guest(s) are allowed to enter or participate in any Activities at the Host’s facility.
If Participant’s Guest(s) during Member Hours fails to sign this Agreement, the Host may revoke the Participant’s membership benefits, and the Participant agrees to indemnify and hold harmless the Host against any claim arising from any injuries, claims, suits, attorney’s fees, and damages related to an injury or other loss suffered by or caused by such Guest(s). As consideration for being allowed to participate in the Activities, Participant must sign this Agreement. Participant may, in the alternative, choose to pursue alternate activities elsewhere.
Emergency Care
The Host is not a medical provider. To the extent that Participant is injured and requires emergency medical attention, 911 may be called. Participant, and Participant’s parent or legal guardian if Participant is a minor, understands and acknowledges that the Host has no legal duty or specialized ability to provide emergency medical care.
Media Release
Participant, and Participant’s parent or legal guardian if Participant is a minor, consents to the reproduction and use by the Host of photographs, videos, and other images and sound recordings of Participant without compensation, for advertising or other purposes in any and all media now existing or hereafter developed. Participant, and Participant’s parent or legal guardian if Participant is a minor, releases the Host from liability for any violation of any personal and/or proprietary right Participant may have in connection with such reproduction or use.
Instruction/Touring/Visiting – Waiver & Release
To the extent that Participant suffers bodily injury or death while receiving instruction, or while touring and/or simply visiting the Host’s facilities without paying a fee, Participant, and their parent/legal guardian if Participant is a minor, hereby agrees to the fullest extent permitted under New York law to WAIVE and RELEASE THE HOST from any and all claims that they have or may have against the Host, its respective owners, affiliates, employees, agents, investors, and/or landlords arising out of the risks (inherent or otherwise) of participating in the Activities and/or use of the Host’s equipment (“Equipment”) during said instruction, including any claims of instructor negligence, and/or during said tour and/or visit of the Host’s facilities.
Parental/Guardian Responsibility
Participant’s parent or legal guardian hereby agrees that they will explain to Participant that the risk of injury to Participant and others while participating in the Activities can be reduced by following the rules and through the use of common sense and good judgment.
Binding Arbitration The Participant, and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor, hereby agree to submit to binding arbitration any dispute, claim, or controversy, relating to and/or arising from (a) this Participation, Acknowledgment & Assumption of Risks & Binding Arbitration Agreement, (b) Participant's participation in the Activities, and/or (c) any other interaction between the Participant and the Host, including the determination of the scope or applicability of this agreement to arbitrate. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the “Panel”), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the Southern District of New York. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in New York County, State of New York, and shall be governed by the Federal Rules of Evidence and the substantive laws of the State of New York. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. Judgment on the Award may be entered in any court having jurisdiction over the parties and controversy. Participant, Participant’s parent(s) or legal guardian(s), and the Host specifically intend this Binding Arbitration provision to survive in the event that any other portion of this Agreement is held invalid. NOTICE TO PARTICIPANT: By signing this Agreement, you are giving up your right to commence litigation against the Host in a court of law, and you are giving up your right to a trial by jury. This Agreement, which consists of this and the previous pages, will apply to Participant’s participation in the Activities for the current and for all future visits, until canceled in writing by Participant or Participant’s parent or legal guardian if Participant is a minor, or until it expires pursuant to the provisions of applicable law. To the extent that any portion of this Agreement is deemed to be invalid under the laws of the State of New York, the remaining portions of the Agreement shall remain binding and available for use by the Participant, the Host, and their respective counsel in any proceeding.
I/WE UNDERSTAND THAT I/WE HAVE THE FREEDOM TO CHOOSE NOT TO PARTICIPATE, OR TO HAVE MY MINOR CHILD NOT PARTICIPATE, IN THE ACTIVITIES AND THAT I/WE HAVE ENTERED INTO THIS AGREEMENT VOLUNTARILY. | 