(THIS IS A LEGALLY BINDING AND IMPORTANT AGREEMENT. BY SIGNING BELOW YOU ARE FORFEITING SUBSTANTIVE RIGHTS, SO PLEASE READ CAREFULLY).
1. I desire to participate in the activities or programs (each an “Activity” and collectively, the “Activities”) offered, operated, sponsored or directed by, or otherwise involving THE BLUFF BOULDER & FITNESS, LLC d/b/a The Overlook Boulder + Fitness (“Overlook”) at the climbing and recreation facility (together with parking areas and walkways therein or adjacent thereto) located at 1030 White Street SW, Atlanta, Georgia 30310 and/or outdoor public areas near the Property (including, without limitation, the Atlanta BeltLine, Rose Circle Park, Adair Park II, and other public areas not specified herein) (collectively, the “Property”). The Activities may involve, without limitation, indoor rock climbing and other recreational activities, instruction and classes for rock-climbing, yoga or other exercises, programs, parties, group evens, and being a spectator to all of the foregoing, with or without supervision of Overlook or any of its employees, contractors, officers, owners, volunteers, or personnel (collectively, “Personnel”). In consideration for being permitted to participate in the Activities, I hereby agree to all the terms of this Assumption of Risk, Release of Liability, Indemnification, and Covenant not to Sue Agreement (the “Agreement”) as follows:
1. Acknowledgement and Assumption of Risk and LIMITATION OF LIABILITY. I understand that while good judgement, common-sense, and the proper use of equipment can reduce risks, each Activity poses inherent and extreme risks, some of which cannot be anticipated or foreseen. With full knowledge and understanding of these risks as set forth herein, I voluntarily and expressly choose to engage in some or all of the Activities and to incur all risks associated therewith. Accordingly, I understand and acknowledge:
A. That participation in any Activity, use of the Property (including, without limitation, rock climbing areas, showers, locker rooms, changing areas, parking lots, and walkways), and receipt of any services provided by Overlook or its Personnel subjects me to risks of injury (including but not limited to death, paralysis, concussion, heart attack, stroke, broken bones, sprains, contusions, abrasions, scrapes, and damage to or theft of personal property and clothing) from various causes (including but not limited to contact with climbing walls; falling, including falling from climbing walls; failure of equipment, including climbing walls, ropes, belay devices, harnesses, yoga and exercise equipment, free weights and other exercise equipment; actions of other climbers and participants, including dropped items and failure to exercise good judgment or control; and other causes not specified herein), whether foreseeable or unforeseeable.
B. Climbing at the Property is not the same as climbing outdoors or on other artificial rock surfaces. I understand that any instruction I may receive at the Property or in connection with any Activity is not necessarily applicable to other real or artificial rock climbing and that such instruction does not prepare me to climb outdoors without supervision.
C. While wearing a helmet while climbing in the Property is not required, I assume additional risks of possible injury and death by not wearing a helmet and while wearing my own helmet.
D. The risk that my personal property (including but not limited to vehicles or their contents or personal property placed in lockers, changing areas, or storage cubbies) may be damaged, lost, or stolen. I acknowledge that it is my responsibility to insure my own personal property and that Overlook is not responsible for any lost, stolen, or damaged valuables or property.
E. OVERLOOK AND ITS PERSONNEL MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PROPERTY, THE ACTIVITIES, ANY INSTRUCTION PROVIDED, AND/OR ANY EQUIPMENT PROVIDED IN CONNECTION THEREWITH, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS, IMPLIED OR IMPOSED BY LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY EQUIPMENT PROVIDED OR MADE AVAILABLE BY OVERLOOK IS PROVIDED “AS-IS” WITHOUT ANY WARANTY AS TO ITS CONDITION OR SUITABILITY. ANY EQUIPMENT, WHETHER OWNED BY ME OR OVERLOOK (INCLUDING EQUIPMENT BORROWED OR RENTED FROM OVERLOOK, LOCATED AT THE PROPERTY, OR USED IN CONNECTION WITH ANY ACTIVITY) IS USED AT MY OWN RISK.
BY SIGNING AND INITIALING BELOW, I FREELY ASSUME THE ABOVE-MENTIONED RISKS AS WELL AS OTHER RISKS NOT LISTED THAT ARE PART OF THE ACTIVITIES, AND ANY HARM, INJURY, OR LOSS THAT MAY OCCUR TO ME OR MY PROPERTY AS A RESULT OF MY PARTICIPATION IN THE ACTIVITIES, INCLUDING ANY INJURY OR LOSS CAUSED BY THE NEGLIGENCE OF OVERLOOK’S PERSONNEL. BECAUSE OF THESE RISKS, I MAY BE SERIOUSLY HURT OR DISABLED OR MAY DIE FROM THE RESULTING INJURIES, AND MY PROPERTY MAY ALSO BE DAMAGED. OVERLOOK ASSUMES NO RESPONSIBILITY FOR PROVIDING MEDICAL CARE DURING THE ACTIVITY, AND I WILL HAVE TO PAY FOR ANY MEDICAL CARE THAT I RECEIVE.
2. Release of Liability. By signing and initialing below, I hereby release Overlook, its employees, agents, officers, owners, member, managers, and contractors, the Personnel, the providers of any equipment used in the Activity, landowners, property associations, and their respective employees, officers, and directors (collectively, along with their respective successors and assigns, the “Released Parties”) FROM ANY AND ALL LIABILITIES, CAUSES OF ACTION, CLAIMS, AND DEMANDS WHATSOEVER, WHETHER KNOWN OR UNKNOWN, that arise in any way from any injury, death, loss, damage to person or property, or harm that occur to me or to any other person or to any property during the Activity or in any way related to the Activity, whether resulting from the negligence or other omission of any of the Released Parties or from any other cause (but excluding the gross negligence or willful or misconduct of Overlook or its Personnel). This release includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. I also agree NOT TO SUE or make a claim against the Released Parties for any and all known and unknown, foreseen and unforeseen, death, injuries, loss, paralysis, accident or occurrence of any kind or harm that occurs during the Activity or any service or program related whether such Activity, occurrence or event is supervised or unsupervised and however and whenever any injury, property damage, death, paralysis or accident is caused (collectively, “Claims”).
3. Indemnification and Covenant Not to Sue. By signing and initialing below, I hereby agree to INDEMNIFY, DEFEND AND HOLD the Released Parties harmless from and against any and all Claims and costs, including Claims for their own negligence, as well as Claims for my own negligence and any other Claim arising from my presence at the Property or participation in the Activities. I further agree not to commence or prosecute any lawsuit, claim or cause of Action against the Released Parties for any Claim herein released.
4. Use of My Likeness. I understand that I may be photographed or videotaped during any Activity at Overlook. I grant the Released Parties the irrevocable right to use any such likeness of me in connection with its promotional materials (including without limitation, brochures, posters, websites, and other electronic means), or other promotional materials without restrictions, liability, payment, or obligation of any kind, and hereby Release the Released Parties from all claims or liability related thereto.
5. Rules; Care of Equipment. I acknowledge that Overlook has implemented certain rules and procedures (“Rules”) attached below and agree to read and abide by all Rules at all times. I understand and agree that the rules are instituted in the sole discretion of the Released Parties and may change at any time. While at the Property or engaged in any Activity, I accept responsibility for the care of any equipment and agree to promptly advise Overlook personnel if I cause or notice any damage to equipment or Property. I agree to be responsible for the replacement at full value of any equipment that I do not return or that I return in damaged condition.
6. MedicalTreatment. I hereby authorize Overlook and the Personnel, as they deem necessary or appropriate in their sole discretion, but without obligation to do so: (a) to administer first aid and emergency medical care to me, (b) to request emergency medical care and procure transport to a medical facility for me, and (c) to make medical decisions on my behalf if I am unable to do so. I agree to abide by all actions or decisions of Overlook and its Personnel made pursuant to the previous sentence, and to take full financial responsibility for any care or other costs related thereto.
7. Miscellaneous. I agree that Georgia law shall govern the rights and obligations of the parties to this Agreement and the interpretation, construction and enforceability thereof. By signing below, I agree that courts in Fulton County, Georgia shall have exclusive jurisdiction and venue with respect to any matter involving this Agreement or the subject matter thereof. This Agreement represents the full, exclusive and sole agreement with respect to the Property, the Activities, and use of the Equipment; no oral representations or other agreements or inducements have been made apart from what is contained herein. I agree that if any portion or provision of this Agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by applicable law to carry out the purpose of the Agreement. To the maximum extent permitted by applicable law, I hereby waive any right I may have to a trial by jury in any action, proceeding or litigation involving this Agreement, any Activity and/or the Property. In any litigation in which the validity or enforceability of this Agreement is contested, I agree that the prevailing party shall pay all attorney’s fees and costs of the parties seeking to uphold this Agreement. I agree that this Agreement is binding upon my heirs, personal representatives, assigns, and/or anyone else claiming on my behalf (i) shall continue in full force and supersedes any prior similar agreement between myself and Overlook or its Personnel.
8. Acknowledgement of Orientation Safety Video. By signing and initialing below, I acknowledge that I have watched the Orientation Safety Video in its entirety and agree to abide by all rules and safety procedures outlined thereof.
I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING THE ENTIRE AGREEMENT BEFORE SIGNING IT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS, FULLY UNDERSTAND THE CONTENTS OF THIS AGREEMENT, AND AGREE TO BE BOUND BY ITS TERMS. BY SIGNING BELOW I CONFIRM THAT I AM AT LEAST 18 YEARS OLD, AM CAPABLE (BOTH MENTALLY AND PHYSICALLY) OF PARTICIPATING IN THE ACTIVITIES AND USING THE EQUIPMENT, AND THAT I AM SIGNING OF MY OWN FREE WILL.
ACCEPTED AND AGREED TO:
THE BLUFF BOULDER & FITNESS, LLC
d/b/a The Overlook Boulder + Fitness
Today's Date: September 21, 2023