This liability waiver ("Waiver") applies to your visits to and use of Synergy Climbing and Ninja (the "Gym") and any team, club and off-site activities. PLEASE READ THIS WAIVER CAREFULLY BEFORE SIGNING.
In consideration of the services of The Synergy Project LLC (sometimes doing business as Synergy Climbing, Synergy Climbing and Ninja, or Synergy Climbing Team) ("Synergy"), their agents, employees, contractors and anyone acting on their behalf, I ("I", "you" or the "Participant") hereby agree, on behalf of myself and any minor for whom I sign below, as follows:
1. ACTIVITIES. Synergy offers a variety of activities through the Gym, including, without limitation, indoor and outdoor rock climbing (top rope, auto-belay and lead climbing); bouldering (un-roped climbing and traversing); ninja obstacles and training; slacklining; training and fitness activities including weights, machines and other equipment; special activities or events including gear demonstrations, parties, training, yoga and fitness classes; clinics; tutorials; leagues, teams and competitions; and youth activities, such as yoga, bouldering and belaying other youth; arts and crafts; basic fitness, swinging on ropes, slacklining and rappelling (collectively, the "Activities"). Activities may include remote natural rock wall climbing, camps and classes and travel to those sites. “Activities”, as used in this Waiver, include visitation to and use of the Gym and its premises, inside and out, including parking lots, walkways, stairs, elevators and common areas used for parties, summer camp and other events and programs.
I have voluntarily chosen to engage in one or more of the Activities and understand that my participation in the Activity is at my own risk. I understand that, if participating in a trip or camp organized by Synergy, I may be transported by vehicle owned and insured by Synergy and fully accept the risks of such transport. I, and any minor for whom I sign, acknowledge and agree that, if using equipment owned or provided by Synergy for any Activity, I am using such equipment voluntarily and at my own risk.
2. RISKS; ASSUMPTION OF RISKS. I, and any minor for whom I sign, understand that engaging in the Activities offered by Synergy entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I, and any minor for whom I sign, understand that such risks cannot be eliminated. These risks include, without limitation: slips and falls; rope burns; pinches, scrapes, jolts, and bumps; cuts and abrasions; infections resulting from cuts or abrasions or exposure to diseases; impacts from objects or ropes dislodged, thrown, or caused to fall from above; defects in roped and un-roped climbing and bouldering equipment and surfaces, including equipment failures; defects in ninja obstacles and related equipment; improper fitting of harnesses and fastening of buckles; omissions or negligence of Synergy or its employees or contractors; the negligence of Participant, other participants or persons who may be present; exposure to infectious disease; and the effects of physical exertion. Additional risks, especially but not exclusively outdoors, include: wind, rain, lightning; risk of heat- and cold-related illnesses, sunburn, dehydration, and exposure to venomous snakes and other potentially dangerous animals including bats, ticks, scorpions, or spiders, insect bites, and hazardous plants such as poison ivy. I, and any minor for whom I sign below, understand that wearing a helmet does not eliminate the dangers associated with the Activities but that in certain circumstances a helmet can reduce the risk of permanent injury or death. I, and any minor for whom I sign, acknowledge that climbing instruction received from Synergy is general in nature and may not apply to all climbing conditions. These and other risks and hazards are inherent in the Activities, including at remote activity sites.
Lead climbing (the climber climbs above protection set by her or him, and is belayed from below) is a unique activity, with enlarged risks. Lead climbing may be permitted under Synergy's supervision in limited circumstances if lead climbers and their belayers demonstrate proficiency. Lead climbers who use their own equipment are solely responsible for the length and condition of their ropes as well as for the condition of other personal gear, including belay devices, carabiners, quick draws and harnesses. Risks of lead climbing include variations and enlargements of those described above, including longer falls, errors in belaying, rope entanglement, and failures of knots, gear, equipment and structures, including holds. Proper knowledge of lead belaying, climbing commands and equipment checks is essential.
I understand that the risks described above, and others, can cause damage to property, personal injury and, in extreme circumstances, even death. I assume all the risks of the Activities, known or unknown, inherent or not, and whether or not described above. In addition, with regards to any minor Participant, I, parent or legal guardian, have discussed the activities and risks with the minor(s), who understand them and wishes to visit and participate in the Activities nevertheless. My, and any minor Participant’s, participation is purely voluntary and in spite of the risks.
3. MINORS UNDER 13. Participants under the age of thirteen years must be accompanied by an adult, who, throughout a minor’s visit to the Gym or engagement in an offsite activity, must be immediately available to the child to enforce warnings and instructions and otherwise assist and supervise a child in Activities. Children under 13 are allowed to boulder, lead climb and belay only under one of the following conditions: 1) after successful completion of a lesson and/or demonstrated proficiency to Synergy staff, 2) with the explicit approval to do so by instructional staff, 3) with youth team permission, or 4) within a supervised or facilitated Synergy program. These age limitations do not apply to activities facilitated and supervised by staff including, for example, private or group lessons and camps and youth teams.
Participant must not assume that he or she will be supervised or even observed by members of Synergy's staff. Participants are responsible for their own safety and welfare. Adults accompanying a participant under the age of 13 are ultimately responsible for the minor Participant's actions or inactions.
4. COMPETENCY AND TESTS. Participant is responsible for understanding the unique function, operation and use of devices and equipment used for Activities. Synergy's approval of Participant's use of one device does not transfer to another device.
Synergy may issue wrist bands or another indication of competency in one or more of the Activities, approving the recipient to engage in such Activities. A wrist band or other indication of competency indicates demonstrated competency on a given date and is NOT a continuing endorsement of the abilities of the recipient. Synergy may require Participant to periodically renew and refresh his or her approved skills and re-demonstrate competency in a particular Activity before Synergy will allow Participant to engage in such Activity. Notwithstanding the foregoing, Synergy has no responsibility to monitor or track Participant's device or Activity proficiency or Activity choice.
5. OTHER PROVISIONS. I further agree, for myself and on behalf of any minor Participant for whom I sign, to the following:
- Waiver and Rules. In order for Participant to participate in the Activities, Participant, or Participant's parent or legal guardian, must complete and sign this Waiver. In addition, Participant must complete whatever instructional program Synergy requires for a particular Activity. Participant must abide by Synergy's rules of conduct and all other rules that may be posted at the Gym or other Activity sites, and instructions and commands given to Participant by Synergy staff. Certain competitions may have their own rules and operating procedures which will apply in those circumstances.
- Prohibited Activity. Participant may not harass other participants or Synergy visitors, or otherwise interfere with another’s peaceful enjoyment of the Gym or Activities.
- Safety and Equipment. I understand that climbing gear could become damaged or defective. I am capable of assessing my, or any minor Participant’s, climbing or fitness equipment and declare that it is in good condition for use. I, and any minor for whom I sign, understand that Synergy is not liable for any lost or stolen equipment or personal items brought to the Gym or other Activity site.
- Surrender of Equipment. In the event of a serious incident, I agree, if requested, for myself and for any minor Participant for whom I sign, to surrender to Synergy any personal gear related to the incident.
- Physical and Mental Capability. Unless I notify the Synergy’s staff otherwise, I am, and any minor Participant for whom I sign is, physically and mentally capable of participating in Activities without being a danger to ourselves or to others. To participate in certain Activities, Synergy may ask you to complete a medical condition questionnaire. I will not, and any minor Participant will not, participate in any Activity while under the influence of alcohol or any other substance which might influence my, or the minor’s judgement or performance.
Medical Emergencies. In the event of a medical emergency, if I am unable to make such decisions for myself or any minor, I authorize Synergy to provide or obtain such medical care as Synergy staff deems necessary for me or the minor Participant, including transportation to a medical facility. I agree to pay all costs associated with such actions on the part of Synergy and to indemnify and hold Released Parties harmless from any loss arising from such assessment and care, including transportation.
- Injuries and Insurance. I certify that I have adequate insurance to cover any injury or damage I may suffer or cause while participating, or else I agree to bear the costs of such injury or damage myself.
- Allergies. Participant may rent or borrow equipment from Synergy, and may consume food on the premises, whether brought by Participant or provided/offered by Synergy. Synergy staff must be advised of a Participant’s food or other allergies, actual or suspected.
6. PUBLICITY AND PROMOTIONS. Synergy is authorized to take and use my, or any minor Participant's for whom I sign below, name and likeness, for promotional materials, brochures, and/or websites, without notice or compensation.
7. RELEASE OF LIABILITY AND INDEMNITY. I, and on behalf of any minor Participant for whom I am parent or legal guardian and sign for below, agree to waive any and all claims against, and to defend and hold harmless, release, discharge, indemnify (that is, defend and pay, including costs, attorneys' fees and insurance deductibles) and agree not to sue The Synergy Project LLC, Synergy Climbing, Synergy Climbing and Ninja, or Synergy Climbing Team and their respective members, officers, directors, employees, agents, contractors, representatives, and affiliates (collectively the “Released Parties”) with respect to any and all loss, liability, damages, actions, claims, expenses, costs, attorneys’ fees, and insurance deductibles, arising from or relating Synergy's alleged or actual negligence (to the extent permitted by law), Participant's visit to Synergy Climbing and Ninja or other Activity site, Participant's use of any equipment provided by Synergy, or any Activity, occurrence or event involving Synergy or any of the Released Parties, including without limitation transportation in Synergy-owned vehicles.
8. GOVERNING LAW. This Waiver shall be governed and construed in accordance with the laws of the State of Tennessee, without giving effect to conflict of law principles.
9. SEVERABILITY. I agree that if any portion of this Waiver is found to be void or unenforceable, the remaining document shall remain in full force and effect.
10. SCOPE OF WAIVER. This Waiver shall continue in effect with respect to this and all future visits to the Gym and any future Synergy facility and participation in the Activities, as well as to any present or future participation in Synergy's teams, clubs and off-site activities that you may participate in; provided, however, that modifications or other agreements and/or waivers might be required in the future for application to participation thereafter. Synergy retains the right to update this Waiver and/or any Gym rules at any time, with or without notice. Participant is responsible for executing any updated or new waivers, as required by Synergy, and being familiar with all existing, new and modified Gym rules.
11. ADVENTURE TOURISM LIABILITY LIMITATIONS. Under Tennessee Law, an adventure tourism professional is not liable for an injury to or the death of a participant in adventure tourism activities resulting from the inherent risks of such activities, pursuant to Tennessee Code Annotated, title 11, chapter 11. The State of Tennessee is held harmless for any act of approval of an adventure tourism business. State approval is limited to determining eligibility for tax credits only.
I, AND ANY MINOR FOR WHOM I SIGN, (A) HAVE CAREFULLY READ, UNDERSTAND, AND VOLUNTARILY SIGN THIS WAIVER; (B) UNDERSTAND THAT THIS WAIVER WAIVES SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE SYNERGY; AND (C) BY SIGNING BELOW, HEREBY CONSENT AND APPROVE IN ALL RESPECTS TO THE TERMS OF THIS WAIVER.
Today's Date: December 5, 2020