In consideration of my being permitted by TMG Sports, LLC, a Nevada Limited Liability Company doing business as North Peak Climbing & Fitness, (herein referred to as "TMG Sports") to climb at its facilities, I agree to the following waiver and release, and I make the following representations: Activities in North Peak Climbing and Fitness include indoor rock climbing, bouldering, weight lifting, fitness classes and training (including the use of a variety of fitness equipment), yoga. The facility will offer special events, camps, team building and group activities which may involve the use of guided outdoor tours. Visitors, members, observers and others are allowed to move throughout the facility and have access to locker rooms, showers and parking lot. Participants are expected to ask and receive orientation, instruction and best use of practice with equipment which they are not familiar. Participants must obtain certification from staff for lead belaying, lead climbing and top rope belaying before commencing any such activities. TMG Sports may contract for the services of such independent contractors for but not limited to yoga and fitness instruction. TMG Sports are not responsible for the manner in which these contractors perform their task and any dispute or claim arising from their performance is strictly between the Participant and the independent contractor. I acknowledge the inherent extreme risks in rock climbing activities, including those that take place indoors. I realize that those risks include but limited to falls, tripping, slipping, striking objects, rope burns, equipment failure, bad decisionmaking, inattentive belayers, and holds that have become loose or damaged by other climbers. I understand that there are unforeseeable accidents, which include but limited to walking and running outside of the facility, exposure to pedestrian and vehicular traffic and I assume all risks associated with such accidents, even though I cannot foresee them. I agree to pay attention to the state of the ropes in the gym and that of the anchors, and to advise gym staff if I do any damage or notice any damage. I agree to abide by all gym rules, and if gym staff make a specific request of or instruction to me, I agree to comply. I am physically fit and know of no medical or health reason why I should not participate in the activities that take place at TMG Sports. I agree to assume all risk of personal injury, including paralysis and death, that may occur while I am in the climbing center or while I am climbing anywhere, at any time. I understand that North Peak Climbing & Fitness may not have safety helmets available for use in its climbing center. I acknowledge and assume all risks associated with not wearing a helmet, even though I cannot foresee them. I understand that indoor climbing is not the same as outdoor climbing, and that additional skills are necessary for outdoor climbing that cannot be acquired in an indoor climbing center. I agree to seek qualified instruction before attempting to climb outdoors. Furthermore, I understand that the teaching of rock wall and rock climbing safety procedures is not allowed in the facility except by North Peak Climbing & Fitness professional staff. By participating in or attending any activity in connection with this program, whether on or off the premises, I consent to the use of any photographs, pictures, film or videotape taken of me or provided by me for publicity, promotion, television, websites, or any other use, and expressly waive any right of privacy, compensation, copyright, or other ownership right connected to same. I further agree that the validity and enforceability of this Release of Liability and Assumption of Risk will be governed by the substantive law of Nevada, without regard to its conflict of law rules. I, on behalf of myself or my minor child, hereby voluntarily release, forever discharge and agree to indemnify and hold harmless TMG Sports, its owners, officers, employees, wall builders, wall designers, hold and product manufacturers, lessors, insurers, and agents, or such other entity or entities that are owned, directly or indirectly in whole or in part by TMG Sports, from any and all claims, demands, suits, losses and costs including attorney fees which are in any way connected with my, or my minor child’s participation in these activities or use of TMG Sports equipment or facilities, including any such claims which I, my children, parents, heirs, assigns, personal representative and estate have or may have that allege negligent acts or omissions of TMG Sports. I understand that this release includes all claims against TMG Sports arising from its negligence or an elevated degree of negligence. If a member of my family under the age of 18 uses the climbing center, I make this release and these representations on his or her behalf as well as my own, and I agree to assume responsibility for his or her safety. Further, I agree to indemnify and hold harmless TMG Sports, a its owners, officers, employees, wall builders, wall designers, hold and product manufacturers, lessors, insurers, and agents, or such other entity or entities that are owned, directly or indirectly in whole or in part by TMG Sports, in the event a minor member of my family sues them or any one of them. I understand that this means I will pay all fees, costs, and charges incurred by TMG Sports or any other party released, including attorney fees. I understand that this document is a contract. I have read it thoroughly and understand the terms. No oral representations or statements or inducements have been made to me that change, alter or modify anything within the written document. I agree to said terms. I sign it of my own free will. I also understand that this contract is severable; in other words, that if any part of it is held by a court of law to be unenforceable, the rest of it shall survive. Today's Date: May 8, 2024 |
