Participant Acknowledgment and Assumption of
Risks, Release of Liabiltiy, Waiver of Claims and Indemnification Agreement
Notice: By signing this document you may be waiving certain legal rights, including the right to sue.
I ("Participant") agree that this Acknowledgement and Assumption of Risks, Release of Liability, Waiver of Claims and Indemnification Agreement ("Participant Agreement") is a binding legal agreement that I have carefully reviewed and agree to execute for the consideration of Vertical Rock, Inc. ("Vertical Rock") permitting me to use its Indoor Climbing and Fitness Center located at 10225 Nokesville Rd., Manassas, Virginia 20110 ("Facility") and/or participate in Vertical Rock's Indoor Climbing, Fitness and Other Activities and/or Vertical Rock's Outdoor Climbing, Fitness and Other Activities and any other activity, camp and program sponsored, promoted, or provided by or involving Vertical Rock (collectively, the "Activities") in any capacity:
1. Acknowledgement, Understanding and Appreciation of Risks. I certify and represent to Vertical Rock and the Released Parties that I personally know, understand, appreciate and acknowledge that using the Facility, and/or participating in the Activities involves certain inherent risks, including, but not limited to, the risk of death or serious personal injury. I have been given the opportunity to view the Activities in advance and ask questions and I have a full and complete understanding of the nature of each of the risks, including, but not limited to, the risk of falling, equipment failure or malfunction, and the possibility of injury from another participant. I understand that I may elect to climb without an instructor after receiving directions and specifically accept all risks of climbing without an instructor. I also understand that I may choose to climb in certain designated parts of the Facility without a safety rope (e.g., bouldering areas). I specifically accept the risks of climbing without a safety rope.
2. Assumption of the Risk. I hereby freely agree to assume and accept all such risks of injury, whether they are known or unknown, arising out of my use of the Facility and participation in the Activities. I recognize and acknowledge that using common sense and training can reduce all risks. I understand that use of the Facility and participation in the Activities may involve risk of personal injury to myself and to others as well as damage to my personal property and the property of others. By my participation in the Activities, which I acknowledge has been explained to me in detail, I certify that I am physically and medically able to participate and have consulted with my doctor and received their consent to my participation in such activities.
3. Release and Waiver of Claims. In consideration of allowing me to use the Facility and participate in the Activities, I, for myself, and my personal representative(s), heirs and next of kin, to the fullest extent permitted by law, agree as follows. I expressly agree to waive all claims that I may have or may have against, and agree to fully release and completely discharge, Vertical Rock and all of its employees, agents, partners, directors, shareholders, officers, independent contractors, subcontractors, sponsors, successors, representatives and assigns, as well as all other persons, or entities that may own, operate or manage the Facility and/or be involved in the Activities including, but not limited to: Vertical Rock, Inc., Redpoint Development, LLC, Vertical Rock Outdoor School, LLC, Vertical Rock Development Group, LLC, as well as Eldorado Wall Co. Inc., and any and all other persons or entities that might have any liability whatsoever to me (collectively, the "Released Parties"), from and against any and all damages, actions, claims and/or liabilities, whether known or unknown, anticipated or unanticipated, suspected or unsuspected, relating to or arising from any activity, occurrence or event involving the Released Parties, the Facility, or Activities to the maximum extent permitted by law.
4. Negligence. This Participant Agreement is intended to release and discharge the Released Parties from all damages, actions, claims and liabilities of any nature whatsoever, specifically including, but not limited to: damages, actions, claims, judgments and liabilities arising from, or related to, the negligence or gross negligence of the Released Parties to the maximum extent permitted by law.
5. Indemnity. I agree to indemnify, save and hold harmless and defend the Released Parties and each of them from any injury (physical or otherwise, including death), loss, liability, damage or cost, including attorney's fees that may occur due to my use of the Facility, or participating in the Activities.
6. Helmet. I understand that wearing a helmet is recommended by Vertical Rock. If I choose not to wear a helmet, I do so against Vertical Rock's advice. I agree to assume all risks of personal injury and/or death that may occur as a result of not wearing a helmet.
7. The Participant hereby agrees to submit any dispute arising from participation in the Activities to arbitration, for the sole purpose of determining whether the alleged injury arises from a risk inherent in the Activity engaged in by Participant. 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 Eastern District of Virginia. 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 Prince William County, Virginia and shall be governed by the Federal Rules of Evidence. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. In the event that the Panel determines the alleged injury arises from a risk inherent in the Participant's participation in the Activity, the claim shall be deemed barred, as a matter of law, and the Participant shall be barred from recovering any compensation from Vertical Rock and all Related Parties. In the event that the Panel determines the alleged injury did not arise from a risk inherent in the Activity, the Participant shall proceed to the Circuit Court of Arlington County, Virginia, or if appropriate, the United States District Court, for the Eastern District of Virginia, for a trial de novo.
8. Rules. I will read and abide by all of the Vertical Rock Participant and Observer Rules (Rules) posted at the Facility, on the Vertical Rock Website (www.climb-va.com), and/or otherwise communicated to me. I understand that the Rules are subject to update and modification. A copy of the current Rules is attached to this Participant Agreement. It is the responsibility of the Participant to monitor the Rules posted at the Facility and/or on the Vertical Rock website (www.climb-va.com) for any updates and/or modifications.
9. I grant permission to Vertical Rock, Redpoint Development, LLC, Vertical Rock Outdoor School, LLC, and Vertical Rock Development Group, LLC and any affiliate and subsidiary companies to retain and use my likeness in whatever form including, but not limited to images, photographs, videos, security camera(s) (e.g., video tapes, recordings, etc.) and/or quotes in any advertising and promotional materials without any compensation to me whatsoever. Promotional material includes, but are not limited to: news releases, videos, publications, interviews, displays, banners, blogs, podcasts, newsletters, advertisements, brochures and any website, and other type of electronic/digital and audio use. All proprietary rights to the aforementioned likeness and media belong exclusively to Vertical Rock, Inc., Redpoint Development, LLC, Vertical Rock Outdoor School, LLC and Vertical Rock Development Group, LLC and any affiliate and subsidiary companies.
10. By signing this document you may be waiving certain legal rights, including the right to sue.
11. I understand that I may be screened at the time of arrival with a temperature check, required to wash my hands, required to maintain social distance from other parties, and to wear gloves while participating in certain activities. I understand that I will be required to wear a face covering in the facility and while participating in all activities. I will follow all posted rules and procedures for managing COVID-19. I understand that potentially contracting COVID-19 is an inherent risk of my participating in the Activities and presence at the Facility.
12. THIS PARTICIPANT AGREEMENT IS A BINDING LEGAL AGREEMENT THAT I HAVE CAREFULLY READ BEFORE SIGNING.
Vertical Rock Participant and Observer Rules
1. All participants and observers must check in at the front desk before proceeding to any climbing, or fitness areas.
2. All participants and observers must complete and turn in a Participant Agreement prior to climbing or participating in any fitness activity. All minors (18 years of age and under) must have a Participant Agreement signed by their parent or court appointed guardian. (Notes, phone calls, etc. are not acceptable).
3. Youth under the age of 13 must be supervised by a responsible adult (18 years or older)
4. All participants and observers must immediately report loose holds, worn ropes, and anything else they believe to be unsafe to a Vertical Rock Employee.
5. Vertical Rock is not responsible for lost or stolen items.
6. No one under 18 years of age is permitted on the upper level of the facility without a responsible adult.
7. No one under 13 years of age is permitted in the fitness areas without a responsible adult.
8. No one is permitted to climb, or belay until they pass the mandatory Vertical Rock Safety Test. (Minimum age for belaying is 13 years old).
9. No one is permitted to Lead Climb or Lead Belay until they pass the mandatory Vertical Rock Lead Climb and Lead Belay Test. (Minimum age to Lead Climb and Lead Belay is 13 without written management approval.)
10. All participants and observers must act reasonably and responsibly at all times, this includes, but is not limited to the following:
a. Observers and Participants not actively climbing/belaying must stay off padded floors.
b. Vertical Rock advises Participants and Observers to wear a helmet. Participants and Observers not wearing a helmet do so at their own risk.
c. Traversing must be kept under ten feet, or below the first lead draw clip.
d. Only Vertical Rock employees are permitted to teach safety skills/techniques, adjust ropes, anchors, hand/footholds, climbing routes and fitness machines.
e. No bouldering/climbing, or standing under another boulderer/climber (unless you are spotting).
f. Do not climb or boulder on a route that intersects another climber.
g. Only approved UIAA (International Mountaineering and Climbing Federation) climbing equipment in good condition is permitted.
h. Belayers must stand while belaying.
i. No swinging, or hanging on the climbing ropes or slack line.
j. Only one person is permitted on a slack line at a time.
k. Locking carabiners are required to be used for all belay devices.
l. No food or liquids (except water) permitted on gray padded floors.
m. Remove all loose items before you climb.
11. COVID-19: I understand that I may be screened at the time of arrival with a temperature check, required to wash my hands, required to maintain social distance from other parties, and to wear gloves while participating in certain activities. I understand that I will be required to wear a face covering in the facility and while participating in all activities. I will follow all posted rules and procedures for managing COVID-19. I understand that potentially contracting COVID-19 is an inherent risk of my participating in the Activities.
I acknowledge that I have read Vertical Rock Participant and Observer Rules, that I fully understand them, and that they may be updated and modified from time to time. A current copy of the Rules will be posted at the Facility and on the Vertical Rock Website (www.climb-va.com).