IMPORTANT: THIS IS A LEGAL DOCUMENT
PARTICIPANT AGREEMENT INCLUDING: A) ASSUMPTION OF RISK AGREEMENT; B) RELEASE, WAIVER AND INDEMNITY AGREEMENTS; C) ACKNOWLEDGMENT OF FACILITY AND BOULDERING ORIENTATION; D) PHOTOGRAPH, VIDEO AND AUDIO RECORDING RELEASE AND WAIVER AGREEMENTS; E) MEDICAL AGREEMENT; AND, F) OTHER PROVISIONS
Please read and understand this document before signing. This document requests that you assume risks and waive substantial legal rights. If you have any questions, please ask us or consult an attorney. You are giving up specific legal rights for you, your family and your heirs, by signing this contract, including claims for negligence.
We hope that you have a rewarding experience. We wish to inform our members and guests that being in or using Climbing Gyms and engaging or participating in or observing Activities and Events sponsored by or involving the Climbing Gyms as described below is not risk free. The terms “Climbing Gyms,” “Activities,” and “Events,” are used as defined below in Section A.
The same elements that contribute to the unique character and fun of the sport of climbing and exercising, such as the physical exertion or the thrill, can cause loss or damage to equipment, injury, illness, or in extreme cases, permanent trauma, paralysis, or death. We do not want to heighten or reduce your enthusiasm for the experience, but we do want you to know in advance what to expect, and to be informed of the possible risks.
We ask that you read this Participant Agreement, sign it, and return it to our office.
All references to the terms “Participant Agreement,” “Climbing Gym,” “Activity,” “Event,” “Released Parties,” “Parent,” and “Participant” throughout the entirety of this Participant Agreement shall have the following definitions, respectively:
1. Participant Agreement: The term “Participant Agreement” refers to the entirety of the instant document entitled “Participant Agreement including: A) Assumption of Risk Agreement; B) Release, Waiver and Indemnity Agreements; C) Acknowledgement of Facility and Bouldering Orientation Video; D) Photograph, Video and Audio Recording Release and Waiver Agreements; E) Medical Agreement; and, F) Other Provisions.”
2. Climbing Gym (collectively, “Climbing Gyms”): The Cliffs at Long Island City, LLC located at 11-11 44th Drive, Long Island City, New York 11101, The Cliffs at Valhalla, Inc. located at 1 Commerce Street, Valhalla, New York 10595, The Cliffs at Dumbo, LLC located at 99 Plymouth Street, Brooklyn, New York 11201, The Cliffs at Harlem, LLC located at 256 West 125th Street, New York, New York 10027, The Cliffs at Callowhill, LLC located at 1010 Callowhill Street, Philadelphia, PA 19123, The Cliffs at Gowanus, LLC located at 242 Butler Street, Brooklyn, New York 11217, and any business operating under “The Cliffs Climbing + Fitness” name and brand in the future, including their respective past, current or future predecessors, successors, affiliates and subsidiaries. The term “Climbing Gym” includes the exterior of each Climbing Gym and, if applicable, the parking lot and surrounding areas, and it includes all rooms, areas and spaces on the interior of each Climbing Gym such as, for example, climbing and training zones, fitness zones, yoga zones, locker rooms, bathrooms, saunas, showers, hallways, retail zones, stairwells, offices, elevators, storage zones, closets, mezzanines and basements.
3. Released Parties: Climbing Gyms (as defined above in section A.2.) and Climbing Gyms’ past, current or future agents, owners, officers, directors, trustees, staff, attorneys, medical advisors, volunteers, interns, participants, co-participants, employees, contractors, vendors, sponsors, promoters, advertisers, landlords and property owners.
4. Activity (collectively, “Activities”): wall climbing, top roping, lead climbing, sport climbing, speed climbing, dry tooling, bouldering, rappelling or other climbing activities, sports activities, fitness activities, training specific activities and programs, slack lining, high lining, use of fitness equipment including but not limited to weights and cardio machines, use of a tread wall, use of showers, use of saunas, use of locker rooms, use of bathrooms, climbing classes and clinics, yoga, zumba, foam rollers, campus board, finger boards, pilates, spinning, strength conditioning, rope swings, crate stacking, net climbing, dodge ball, NERF guns, food or beverage services and simply moving about a Climbing Gym or any of the various other types of activities which may take place at a Climbing Gym or are otherwise provided or sponsored by or involve the Climbing Gyms. This list of Activities is neither exhaustive nor all-inclusive.
5. Event (collectively, “Events”): trips, competitions, camps, climbing courses, adventures, birthday parties and/or other types of events which may take place at a Climbing Gym or are otherwise provided or sponsored by or involve the Climbing Gyms or the Climbing Gyms’ officers, directors, employees, contractors, agents, affiliated entities, landlords or property managers.
6. Parent: parent or court appointed legally authorized guardian.
7. Participant (collectively, “Participants”): adult and minor members, guests, visitors, observers, spectators, individuals and Parent as the term “Parent” is defined above in Section A.6.
I agree to sign this Participant Agreement in consideration for the Climbing Gyms and Released Parties permitting me and/or my child or the child for whom I am the legally authorized guardian to: (i) use or be granted access to one or more of the Climbing Gyms; (ii) engage in or observe the Activities; and/or (iii) participate in or observe the Events.
I, on behalf of myself and as natural parent and/or as the legally authorized guardian of the herein minor participant, my parents, my heirs, assigns, personal representative(s) and estate, hereby expressly, voluntarily, freely and knowingly agree to assume the inherent and other risks as described below and agree to release, waive, indemnify and forever discharge Released Parties as follows:
1. I understand and acknowledge that just as there are risks that accompany all aspects of life, the Activities and Events also have risks. Some risks are inherent and some are changed, increased or decreased by the Climbing Gym. You must understand and accept all the risks of the Activities and Events, inherent and others. Inherent risks are those that cannot be eliminated without destroying the unique character of the Activities. The same elements that contribute to the unique character of the Activities and Events can cause loss or damage to person, equipment or property, accidental injury, illness, or, in extreme cases, paralysis and permanent trauma and disability, or death.
2. The following describes some, but not all, of the risks of the Activities and Events:
a. Climbing and artificial climbing walls, like all recreation activities, are hazardous. The obvious accidents that occur in climbing are falling. The majority of accidents and injuries that occur, occur from falling. Whenever you fall, you may fall only a few feet or all the way to the ground. As you fall, you may hit the wall, holds and other objects on the wall and in your pathway and you may come in contact or entangled with ropes suffering burns and other injuries. If the rope catches your fall, the jolt from the rope may cause injury. Falling to the ground from any height may cause serious injury. When you fall you will have no or minimal control on how or where you land. You may land in awkward or dangerous positions. You may land on equipment, gear or other Participants or between or off any padding or protection on the floor. These risks occur whether you are climbing, recreating, competing or fooling around.
b. In addition to the hazards of falling, objects falling from the wall may hit you. For example, holds, climbing equipment and even other Participants may fall and hit you as you are standing at the base or while climbing. Objects in other parts of the Climbing Gym may fall as well as Participants in the Climbing Gym or above you.
c. Equipment may fail. Improper use of the equipment or not properly tying in will result in injury. Climbing holds may spin or break. As you climb, you may pull out protection from the wall or the protection may become unclipped. If you are leading, you may miss clip or incorrectly clip protection causing you to fall further or to the ground.
d. You will experience cuts, abrasions and burns from holding on to the holds or climbing wall. You may also experience rope burns from handling the rope.
e. Before you start climbing, make sure you understand your harness and the equipment you will be using including the belay device. Make sure your harness is on correctly, and you are properly tied into the rope or belay system, such as an auto-belay. If your harness is not automatically double-backed, ensure your harness waist loop strap is. If you have any doubts or concerns ask an employee. Always tie or clip into the rope or belay system using the proper point on the harness and the rope or belay system. Test all knots, buckles and close and lock all carabiners before climbing. Make sure your belayer is using the belay system properly and understands the communication system you will be using. Always have your belayer double-check your harness and tie in as you double-check the belayer’s harness and the belay system.
f. Before using any automatic belay device or machinery, make sure you understand how it works or is to be used. Make sure you understand the limits of the belay device or machinery and your limits when using it. Tie into the belay device or machinery properly with the right equipment to the right place on your harness. Never bounce while connected to the belay device, over stress the belay device or use the equipment improperly. Do not out climb or climb above the actual or technical ability of the belay device or machinery.
g. As you tie in examine the rope and equipment to make sure they are in good working order with no worn places or frays. Do the same with your harness before putting it on. Look for frayed edges or threads that are coming out, which are signs the harness may be getting old.
h. Never use any equipment or harness not approved for recreational climbing and always use equipment in accordance with the manufacturer’s instructions.
i. Understand when you start to climb where your landing zone may be if you fall. Never climb above a height from which you are prepared to fall if you are bouldering. Always attempt to land in a way where you can avoid objects or people below you and that provides the most protection for yourself as demonstrated in the Facility and Bouldering Orientation Video.
j. Be aware of any sharp edges on the holds or the climbing surface as well as any protruding nuts, bolts or screws or other objects. If you are belaying and the climber falls, you may experience a jolt causing you to move, fall or be pulled into the wall or air. Do not lose your concentration at these times; the safety of the climber and yourself is in your hands.
k. Always wear the appropriate clothing, climbing gear and accessories while climbing. Understand that your clothing, skin, hair and jewelry and other objects can become entangled in ropes or belay devices. Secure all lose clothing, your hair and jewelry to help prevent this from occurring.
l. Although the Climbing Gyms make all reasonable effort to keep the Climbing Gyms clean, Participants may not. Always wipe down any gym and fitness equipment before and after you use it. If you notice climbing gear that is dirty, immediately notify the Climbing Gym. Also notify the Climbing Gym if you see any fluid or blood on any equipment, surface or the climbing wall.
m. You are responsible for all clothing, accessories, equipment and personal products, including any wallet, handbag, purse, cell phone or other electronics that you bring into the facility. Always secure your property. The Climbing Gyms are not responsible for lost or stolen property.
n. Always understand and obey all rules of the Climbing Gym in which you are climbing.
o. The Climbing Gyms are a dog friendly facility and retain to right to revoke this policy at any time and for any reason without prior notice. The Climbing Gyms have sole discretion on whether to permit a dog into the Climbing Gym. It is the responsibility of the dog owner Participant to maintain control and to properly secure the dog in accordance with posted gym rules. While the Climbing Gyms do not allow dogs that excessively bark, are aggressive towards people or other dogs and not properly secured while in the Climbing Gyms, it is impossible for the Climbing Gyms to maintain constant oversight on how the dogs in the Climbing Gyms are behaving. The Climbing Gyms cannot guarantee your or your dog’s safety from the dogs that may be in the Climbing Gyms.
p. Exercising at or simply being in a Climbing Gym is not risk free and you may encounter the following risks: (i) slipping and tripping hazards (e.g. equipment not returned to racks, spilt water not mopped up, children running in the free-weight area or group fitness studio during a class); (ii) possibility of fire (e.g. from flammable materials, towels left on hot surfaces on a sauna, overloading of multi-plugs to power equipment); (iii) injury from chemicals (e.g. cleaning or other fluids); (iv) risks posed by moving parts of machinery (e.g. belts on treadmills, handles on cross trainers); (v) biological hazards (e.g. exercise participants, not wiping equipment down after use risks spreading bacteria and viruses, control of bleeding when a client is injured); (vi) fungi, bacteria and viruses are common in wet areas such as showers. Sweat left to dry on equipment is also a breeding ground for Bacteria. Bacteria can also thrive on used towels on locker room floors, weights, sweaty cardio and weight machines, and benches that members sit on between workouts; (vii) electrical hazards as electricity can cause injury or death (e.g. power sockets close to water fountains, power cords partially severed as equipment rolls over them, power sockets in reach without child proofing); (viii) ergonomic hazards (e.g. heavy free weights left lying on the floor, or machines left fully loaded with weight); and, (ix) social hazards.
q. Always remember not to lift weights that are too heavy. Always use proper form and technique when lifting weights. Always use a spotter if you are using free weights or unsure of the equipment or your abilities. Do not overexert yourself when lifting. Be aware of falling free weights from your equipment or others. Although the equipment is maintained, always check the equipment before use to make sure no damage has been done to the equipment since its last inspection.
r. Do not exercise or climb if any of the following factors apply to you now or in the future, and consult your physician before increasing your physical activity level or proceeding with a fitness evaluation/test or training program: heart disease, numbness in the shoulders or arms, fainting/dizzy spells, high or low blood pressure, high cholesterol, bone and/or joint pain, unaccustomed to regular exercise, on medication, recent illness, diabetes, epilepsy/seizures, recent surgery, under/overweight, chest pains, pregnant, a smoker, or concerns based upon your age. While the Climbing Gyms endeavor to create a safe and healthy environment for Participants, it does not retain physicians or other medical personnel on staff. Therefore, it is up to each Participant to monitor their own activity levels and wellbeing and understand their personal limits.
s. Slack lining is walking on a narrow rope or webbing slung above the ground. The line moves in four directions as you walk on the line: up, down, and sideways. Slack lining is dangerous and you are going to fall off. Possible injuries include all of those already discussed in this Participant Agreement related to falling. Know where and how you are going to land when slack lining. If you are belayed, understand how the belay system is going to affect your fall and how you will get back to the line or the ground.
t. Wearing headsets, ear buds or earphones is prohibited while rope climbing. If you wear them during bouldering, they will limit your ability to hear possible risks or accidents near or involving you. Wear and use personal sound devices at your own risk only while bouldering. The use of radios/portable stereos or amplified sound is prohibited in the Climbing Gym at all times.
u. It is also possible that you and some Participants would suffer mental anguish or trauma from the experience or their injuries.
v. Carelessness and misjudgments of Participants and Climbing Gym staff, by improperly belaying or otherwise failing to follow instructions or proper risk management and operating procedures. It is possible for a belayer to drop a climber due to carelessness and misjudgments.
w. Dangers and injuries that may exist due to inclement weather, such as, for example, puddles, slips and falls, wet climbing holds and wall and landing surfaces, lightning strikes and debris from wind.
x. You can always choose not to enter a Climbing Gym and choose not to participate in an Activity or Event for which you feel you are not qualified.
y. I acknowledge that Climbing Gym staff is, and has been, available to answer any questions about the nature and physical demands of the Activities and Events and their respective risks. If I am a Parent, I have explained these responsibilities to my minor child or ward.
z. There are signs, warning labels and information posted around the Climbing Gyms, on equipment and clothing. Always read and understand all information and warnings. If you have any question concerning operations of any Climbing Gym, equipment, Activities or Events, it is your duty to ask an employee for answers and help. Participants must follow all Climbing Gym policies at all times.
aa. If you are a Parent, you agree to read and to explain to any minor in your care, all posted signs and warnings, including instructions on use of equipment as well as the risks outlined in this Participant Agreement and agree Participants will obey all signs and warnings posted and obey instructions from staff.
D. ACKNOWLEDGMENT AND EXPRESS ASSUMPTION OF INHERENT AND OTHER RISKS
1. I recognize and acknowledge that the foregoing description and list of risks are not complete and are only examples of the risks that I, on behalf of myself and minor participant, am assuming and may encounter by using or being granted access to the Climbing Gyms and/or engaging or participating in or observing the Events or Activities sponsored by or involving the Climbing Gyms and that such list in no way limits the extent or reach of this Participant Agreement.
2. I understand and acknowledge that certain risks cannot be eliminated due to the nature of the Events or the Activities, and that these risks may be causes of injury, illness, permanent disability, paralysis, trauma or death.
3. I acknowledge that I am also assuming risks not specifically listed above and that other, including unknown or unanticipated, risks, inherent and otherwise, may result in property loss, injury, illness, paralysis or death. I acknowledge that if I encounter these risks, serious injury or death may result.
4. I understand and acknowledge that no amount of care, caution, instruction or expertise can eliminate these risks, regardless of whether I follow the Climbing Gyms’ instructions and recommendations pertaining to the Climbing Gyms’ policies, climbing, bouldering and instructional, training and fitness or yoga programs or involving my choice of equipment to use or whether or not to wear a helmet or any other personal safety device.
5. I acknowledge that using or accessing the Climbing Gyms and/or engaging or participating in or observing the Events or Activities sponsored by or involving the Climbing Gyms is purely voluntary, and I wish to use or access the Climbing Gyms and/or engage or participate in or observe said Events or Activities in spite and with knowledge of the inherent and other risks involved.
6. I acknowledge that this Participant Agreement includes, but is not limited to, claims based on the following: (i) Climbing Gyms’ improper maintenance of equipment (mechanical or otherwise), grounds or facilities; (ii) Climbing Gyms’ improper instruction or supervision, including personal training and group fitness and yoga classes; (iii) Climbing Gyms’ inadequate security of staffing for the Participants’ use of the Climbing Gyms amenities, services, or equipment; and/or, (iv) falling, slipping or tripping anywhere in or about the Climbing Gyms.
7. I acknowledge that this Participant Agreement includes, but is not limited to, the following risk of injuries: (i) injuries arising from the participation by any Participant in supervised or unsupervised Activities or Events at the Climbing Gyms; (ii) injuries and medical disorders, including, but not limited to, death, heart attacks, strokes, heat stress, sprains, broken bones, and injured muscles or ligaments, among others, arising from exercise, classes, or activities; and, (iii) accidental injuries occurring anywhere at or in a Climbing Gym.
8. I acknowledge that travel to and from the Climbing Gyms is incidental to using or being granted access to the Climbing Gyms and/or engaging or participating in or observing the Events or Activities sponsored by or involving the Climbing Gyms. Accidents can occur during travel to and from the Climbing Gyms.
9. I acknowledge and certify that my family, including minor children and myself, are fully capable of using or being granted access to the Climbing Gyms and/or engaging or participating in or observing Activities and Events. I have read the above statement on some of the possible risks involved with the Activities and Events. Therefore, I assume full responsibility for myself and my family, including minor children, for bodily injury, paralysis, death, and loss of personal property and any expenses.
10. I understand that the Climbing Gyms reserve the right to refuse any person they judge to be incapable of meeting the rigors and requirements of participating or engaging in the Activities and Events. I certify that my family and me are in good physical condition and able to participate or engage in the Activities and Events. I understand and agree that using or accessing the Climbing Gyms and/or engaging or participating in or observing Activities and Events sponsored by or involving the Climbing Gyms is voluntary, and I am doing so voluntarily.
11. I acknowledge that the Climbing Gyms, in their sole discretion, have established and may further establish and/or modify certain guidelines and protocols pertaining to COVID-19 for the conduct of its participants. I agree to adhere to the Climbing Gyms protocols and guidelines. I am aware that if I violate any of these protocols or guidelines, any local or State COVID-19 related governmental guidelines and requirements or any other safety precautions deemed appropriate to limit the exposure and spread of disease, I may be asked to leave the Climbing Gyms’ facilities and properties on a temporary or permanent basis. I understand that the Climbing Gyms have full and absolute discretion to interpret and enforce all COVID-19 protocols, guidelines, and requirements. I agree to abide by all of the above and further agree that by signing this document, I hereby knowingly release the Climbing Gyms, and any owner, employee, agent or representative of the Climbing Gyms from any liability with respect to activities within the Climbing Gyms’ premises during the COVID-19 pandemic and with respect to any exposure to COVID-19 or potential exposure to a communicable disease (including but not limited to other viruses, bacteria, and all other infectious pathogens and disease vectors). I hereby acknowledge that I fully understand the risks of the COVID-19 illness and pandemic and the risks involved in participating at the Climbing Gyms’ premises during this COVID-19 pandemic.
12. I, on behalf of myself and minor participant, hereby acknowledge and knowingly, voluntarily, freely and expressly agree and promise to assume all the risks, known and unknown, inherent or not, and whether or not described above, involved in using or accessing the Climbing Gyms, engaging or participating in or observing Events or Activities sponsored by or involving the Climbing Gyms.
E. RELEASE AND WAIVER AGREEMENT
1. I, on behalf of myself and minor participant, hereby agree to RELEASE, HOLD HARMLESS, FOREVER DISCHARGE and AGREE NOT TO SUE THE CLIMBING GYMS AND ALL OTHER RELEASED PARTIES with respect to any and all past, current or future claims, causes of action, demands, expenses, liabilities, and damages of whatever kind whatsoever, including, without limitation, general, special compensatory and punitive damages, for loss or damage to person or property, and for physical and/or emotional or other injury, disability, wrongful death, or otherwise, whether known or unknown, anticipated or unanticipated, suspected or unsuspected, suffered by me or minor participant relating to or arising from my or minor participant’s: (i) use of or access to any Climbing Gym or equipment located at any Climbing Gym; (ii) participation in or observation of Events sponsored by or involving any Climbing Gym or any of the other Released Parties; (iii) participation in or observation of the Activities sponsored by or involving any Climbing Gym or any of the other Released Parties; (iv) interaction with any of the Released Parties; or (v) placement in the care, custody or control of any of the Released Parties.
2. This Release is intended to release and discharge the Released Parties from any and all losses, damages, expenses, causes of actions, claims, demands and liabilities of any nature whatsoever arising from or related to, without limitation, the negligence of, or the breach of any duties which may be owed by, the Released Parties or another Participant.
3. This Release covers all risks of using or being granted access to the Climbing Gyms and/or engaging or participating in or observing the Events or Activities sponsored by or involving the Climbing Gyms and any negligence of the Released Parties, including claims for negligent hiring, instruction, training, operation or other forms of negligence not normally associated with using or being granted access to the Climbing Gyms and/or engaging or participating in or observing the Events or Activities.
4. I understand that this Release is intended to prohibit minor participant and me from filing any lawsuit against any of the Released Parties for any of the reasons identified in this Section E, now or in the future, and from recovering any losses, damages or expenses against any of the Released Parties, to the fullest extent permitted by law.
5. This Release is intended to be interpreted as broadly as possible to affect the intent and purpose of the release.
6. If I do not want to sign this Participant Agreement, I understand I cannot use or be granted access to the Climbing Gyms, engage in or observe the Activities nor participate in or observe the Events. I am free to go to a different company that offers similar services and amenities.
F. INDEMNITY AGREEMENT
1. I, on behalf of myself and minor participant, hereby agree to INDEMNIFY (“indemnify” meaning to defend, and to pay or reimburse, including costs, expenses and attorney’s fees) Released Parties against any and all claims, liabilities, causes of action, and damages of whatever kind whatsoever, including, without limitation, general, special compensatory and punitive damages, for loss or damage to person or property, and for physical and/or emotional or other injury, disability, wrongful death, or otherwise, asserted or alleged by me, minor participant, a member of my or minor participant’s family, my or minor participant’s estate, a rescuer, another participant, or any other person, personal representative or entity, arising in whole or part from any physical and/or emotional injury or other loss suffered or caused by me or minor participant, in connection with my or minor participant’s: (i) use of or access to any Climbing Gym or equipment located at any Climbing Gym; (ii) participation in or observation of Events sponsored by or involving any Climbing Gym or any of the other Released Parties; (iii) participation in or observation of the Activities sponsored by or involving any Climbing Gym or any of the other Released Parties; (iv) interaction with any of the Released Parties; or (v) placement in the care, custody or control of any of the Released Parties.
2. This Indemnity Agreement includes any loss, damage, liability, claim, and expense arising out of the Climbing Gyms’ or the other Released Parties’ own negligence.
3. Should Released Parties or any other person or entity acting on their behalf be required to incur attorney’s fees and costs to enforce this Agreement, I, on behalf of myself and minor participant, agree to INDEMNIFY and hold them harmless for all such fees and costs.
4. As liquidated damages, you hereby agree that if the Climbing Gym is forced to defend any action, lawsuit or litigation or for breach of the covenant not to sue or the covenant of good faith and fair dealing, by yourself, your executors, or your heirs, on your family's or your behalf, your heirs or executors, you agree to pay the Climbing Gyms’ costs and attorney's fees if they successfully defend such action, lawsuit or litigation. You understand and agree that you are indemnifying the Climbing Gyms for any claim you may bring or for any injury you receive. If you do, you will pay the Climbing Gyms’ damages and costs, including attorney fees.
G. ACKNOWLEDGEMENT OF FACILITY AND BOULDERING ORIENTATION
1. I, on behalf of myself and minor participant, hereby acknowledge that the Climbing Gyms require all Participants, including myself, to watch the Facility and Bouldering Orientation Video (“Orientation Video”) prior to or upon entry, but before use of, the Climbing Gyms.
2. I, on behalf of myself and minor participant, acknowledge that I have the option to watch the Orientation Video by accessing it on the Climbing Gyms’ website and other web-based platforms with an electronic device such as, for example, a cell phone, tablet and computer. I, on behalf of minor participant and myself, acknowledge that the Climbing Gyms also provide a viewing area to watch the Orientation Video on a television screen or, if applicable, other electronic device(s) supplied by the Climbing Gyms.
3. As an alternative to viewing the Orientation Video, I, on behalf of myself and minor participant, acknowledge that the Climbing Gyms offer in-person walk-through Facility and Bouldering Orientations for those who request that a Climbing Gym staff member facilitate the orientation or in such other circumstances the Climbing Gym staff deem appropriate.
4. I, on behalf of myself and minor participant, acknowledge and hereby certify that I viewed the Orientation Video or was provided an in-person Facility and Bouldering Orientation and had the opportunity to ask the Climbing Gym staff any questions I may have regarding the content of the orientation.
H. PHOTOGRAPH, VIDEO, AUDIO RECORDING RELEASE AND WAIVER AGREEMENTS
1. I, on behalf of myself and minor participant, hereby agree and grant irrevocable permission to Released Parties to reproduce, encode, store, copy, transmit, email, post to social media, publish, post, broadcast, display, publicly perform, adapt, edit, exhibit, create derivative works and/or otherwise use and reuse the photographs, videos, audio recordings and/or other images and sound taken of myself or minor participant in connection with or during my or minor participant’s (i) use of or access to any Climbing Gym or equipment located at any Climbing Gym; (ii) participation in or observation of Events sponsored by or involving any Climbing Gym or any of the other Released Parties; (iii) participation in or observation of the Activities sponsored by or involving any Climbing Gym or any of the other Released Parties; (iv) interaction with any of the Released Parties; or (v) placement in the care, custody or control of any of the Released Parties, in any media, including, without limitation, the internet and social media platforms, and for any and all purposes Released Parties deem appropriate, such as, for example marketing, promotional materials, brochures and the Climbing Gyms’ websites and social media accounts.
2. I, on behalf of myself and minor participant, hereby waive any right to inspect or approve the final photographs, videos, audio recordings and/or images, including any printed or electronic matter that may be used in conjunction with them, now and at all later times, whether that use is known or unknown to me or minor participant.
3. I, on behalf of myself and minor participant, hereby waive any right to royalties or any other compensation arising from or related to the use of the photographs, videos, audio recordings and/or images.
4. I, on behalf of myself and minor participant, further waive my and minor participant’s right(s) to pursue any and all claims, in law, equity or otherwise, arising from or related to Released Parties’ use of the photographs, videos, audio recordings and/or images.
5. Moreover, I, on behalf of myself and minor participant, hereby agree to defend, and hold harmless Released Parties for any and all publishing and/or distributing of the photographs, videos, audio recordings and/or images, in whole or in part, whether on paper, via electronic media, or on the internet or social media platforms, from and against any and all claims, damages or liabilities arising from or related to the use of the photographs, videos, audio recordings and/or images, including, but not limited to, any misuse, distortion, blurring, alteration, optical illusion or use in composite form, either intentionally or otherwise, that may occur or be produced in taking, processing, reduction or production of the photographs, videos and/or images, its publication or distribution, by Released Parties. This Release agreement includes claims of negligence of Released Parties.
1. The Climbing Gyms do not have medical personnel or treatment available to Participants. I hereby authorize and grant permission to the Climbing Gyms to secure emergency medical treatment for minor participant or me.
2. I hereby give permission for transportation to any medical facility or hospital. I authorize any qualified person or medical personnel to render necessary emergency medical care for my family and myself.
3. I hereby authorize the release of any medical information, including information concerning my or minor participant’s HIV or “Aids” status, in the possession of the Climbing Gyms to any medical facility, hospital, ambulance, first aid provider, first aid service, doctor, nurse, or other such person rendering care on my or minor’s behalf.
4. Neither minor participant nor I have any emotional or physical condition which would cause either of us to be a danger to ourselves or to others.
5. I am, or minor participant is, covered by adequate health, disability and life insurance sufficient to provide for any medical costs that may be incurred. I agree to be responsible for such costs in the absence of such insurance.
J. EFFECTIVE DATE
1. The terms of this Participant Agreement shall be effective upon my execution hereof and the duration of this Participant Agreement shall continue, and be in effect, until it is modified by written agreement signed by both Parties or Participant signs a new updated version of the Participant Agreement as may be required by the Climbing Gyms from time to time.
K. NO JURY TRIAL AND CONSENT TO CHOICE OF LAW
1. The laws of the State in which I or minor participant use a Climbing Gym, engage or participate in or observe an Activity or Event shall govern the rights and obligations of the parties to this Participant Agreement and the interpretation, construction and enforceability of this Participant Agreement. If any dispute arises between me and/or minor participant and any Climbing Gym, I, on behalf of myself and minor participant, agree that the site of any lawsuit brought by or on behalf of me or minor participant against any Climbing Gym shall be in the County and State court located in the state where the Climbing Gym is located. Additionally, I, on behalf of myself and minor participant, agree to this provision no matter the perceived or actual difficulties, deprivation of a meaningful day in court, or the harm to either party’s case or trial.
2. I understand and agree that I may be giving up the right to a meaningful day in court and that there are no extraordinary circumstances that would change that legal issue. I agree this forum selection clause applies to all claims, counterclaims, defenses and third-party claims brought by either party to this Participant Agreement.
3. No Climbing Gym is responsible for the acts or omissions of or at another Climbing Gym, and disputes, if any, must be resolved only with the Climbing Gym at which an alleged loss, dispute or injury occurred.
4. I, on behalf of myself and minor participant, hereby specifically and voluntarily waive any right I or minor participant may have to a trial by jury in any action, proceeding or litigation involving me and the Climbing Gyms and Released Parties.
1. Parties agree that if any sentence, clause, paragraph, term or provision of this Participant Agreement is determined by a court of competent jurisdiction to be illegal, invalid, void or unenforceable, that sentence, clause, paragraph, term or provision will be severed from this Participant Agreement. All remaining sentences, clauses, paragraphs, terms or provisions shall remain and continue in full force and effect, without amendment.
M. COMPLETE AGREEMENT, MODIFICATION AND NOVATION
1. This Participant Agreement expresses and constitutes the only and complete understanding and intent of the Parties with respect to the subject matter herein and supersedes all prior oral or written proposals, agreements and representations relating to the subject matter herein. No amendment shall be implied or proven from or evidenced by negotiations between the Parties heretofore or hereafter executed, unless in writing and signed by both Parties hereto.
2. This Participant Agreement may not be modified, in whole or in part, except by in writing signed by both Parties.
3. This Participant Agreement shall not be superseded by any other agreement, nor shall this Participant Agreement supersede any other agreement, whether there is any perceived inconsistency or not.
N. HEADINGS, OPPORTUNITY TO REVIEW, ELECTRONIC SIGNATURE & TRANSMISSION
1. Paragraph and Section headings used in this Participant Agreement are for reference only and shall not be used or relied upon in the interpretation of the provisions herein.
2. The Parties acknowledge that they have had the opportunity to review this Participant Agreement with their respective counsel or advisor prior to its execution.
3. This Participant Agreement may be signed with a hand written or digital/electronic signature. I understand and agree under state and Federal law that there is no difference between signing this electronically or in writing. An executed copy of this Participant Agreement may be transmitted by facsimile or other electronic means and transmission by such means shall constitute effective delivery as if it were the original copy and signature. I acknowledge that I have received a copy of this Participant Agreement.
BY SIGNING THIS DOCUMENT, I, ON BEHALF OF MYSELF AND MINOR PARTICIPANT, ACKNOWLEDGE THAT IF ANYONE IS HURT, INCLUDING MYSELF OR MINOR PARTICIPANT, OR PROPERTY IS DAMAGED, DURING MY OR MINOR PARTICIPANT’S: (I) USE OF OR ACCESS TO THE CLIMBING GYMS, (II) ENGAGEMENT OR PARTICIPATION IN OR OBSERVATION OF EVENTS SPONSORED BY OR INVOLVING ANY CLIMBING GYM OR (III) ENGAGEMENT OR PARTICIPATION IN OR OBSERVATION OF THE ACTIVITES SPONSORED BY OR INVOLVING ANY CLIMBING GYM, I OR MINOR PARTICIPANT MAY BE FOUND BY A COURT OF LAW TO HAVE WAIVED OUR RESPECTIVE RIGHT(S) TO MAINTAIN A LAWSUIT AGAINST THE CLIMBING GYMS AND ALL OTHER RELEASED PARTIES ON THE BASIS OF ANY CLAIM FROM WHICH WE HAVE RESPECTIVELY RELEASED THEM HEREIN, INCLUDING CLAIMS FOR NEGLIGENCE.
BY SIGNING THIS DOCUMENT, I, ON BEHALF OF MYSELF AND MINOR PARTICIPANT, ALSO ACKNOWLEDGE THAT I HAVE FULLY SATISFIED MYSELF AS TO THE NATURE OF THE ACTIVITIES AND EVENTS IN WHICH I OR MINOR PARTICIPANT WILL BE ENGAGING, PARTICIPATING OR OBSERVING, THE RISKS ASSOCIATED THEREWITH, INCLUDING THE RISKS ASSOCIATED WITH BEING IN AND USING THE CLIMBING GYMS, AND MY OR MINOR PARTICIPANT’S RESPONSIBILITY TO KNOW OUR OWN RESPECTIVE LIMITS. I, ON BEHALF OF MYSELF AND MINOR PARTICIPANT, ALSO ACKNOWLEDGE THAT I HAD AN OPPORTUNITY TO INSPECT THE CLIMBING GYMS PRIOR TO MY OR MINOR PARTICIPANT’S USE OF THEM. IN THE EVENT OF ILLNESS OR INJURY, CONSENT IS HEREBY GIVEN FOR THE CLIMBING GYMS TO SECURE EMERGENCY MEDICAL TREATMENT FOR ME OR MINOR PARTICIPANT, AND ALL COSTS ASSOCIATED THEREWITH SHALL BE BORNE BY ME.
BY SIGNING THIS PARTICIPANT AGREEMENT INCLUDING: A) ASSUMPTION OF RISK AGREEMENT; B) RELEASE, WAIVER AND INDEMNITY AGREEMENTS; C) PHOTOGRAPH, VIDEO AND AUDIO RECORDING RELEASE AND WAIVER AGREEMENTS; D) ACKNOWLEDGEMENT OF FACILITY AND BOULDERING ORIENTATION; E) MEDICAL AGREEMENT; AND, F) OTHER PROVISIONS, I, ON BEHALF OF MYSELF AND MINOR PARTICIPANT, ACKNOWLEDGE THAT I HAVE READ IT COMPLETELY AND IN ITS ENTIRETY, FULLY UNDERSTAND IT, AGREE TO BE BOUND BY ITS TERMS AND SIGN IT FREELY, VOLUNTARILY AND KNOWINGLY WITHOUT ANY INDUCEMENT OR FORCE WHATSOEVER. THIS PARTICIPANT AGREEMENT SHALL BE BINDING UPON ME, MINOR PARTICIPANT AND MY AND MINOR PARTICIPANT’S HEIR(S), ESTATE, EXECUTOR(S) AND ADMINISTRATOR(S) OR OTHER PERSONAL REPRESENTATIVE(S).