RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY, AND PHOTO RELEASE AGREEMENT (“Agreement”)
Activities of The Knot include, but are not limited to, the following: The use of roped (top rope and lead climbing) climbing walls, bouldering areas, weights and other training and fitness equipment, participation in activities or events, either at the location of The Knot or coordinated by The Knot and held at other locations, including gear demonstrations, parties, clinics, training, corporate events, yoga, and other fitness classes, and use of facilities and equipment (the “Activities”).
In consideration of being permitted to be present at, attend, observe, and participate in Activities at the facilities of, or provided by, THE KNOT CLIMBING GYM, LLC, of __ Gainesville, FL __("The Knot”), I, for myself and for my dependent(s) (collectively referred to herein as “me” “I” or “my”), personal representatives, assigns and heirs:
- Acknowledge, agree, and represent that I understand the nature of the Activities and that I am qualified, in good health, and in proper physical condition to participate in them. I further agree and warrant that if at any time I believe conditions to be unsafe, or if at any time my health suffers, I will immediately discontinue participation, leave, and seek medical attention if appropriate.
- Authorize The Knot, its respective owners, investors, members, managers, shareholders, agents, directors, officers, volunteers, employees, landowners, subsidiaries, affiliated companies, and Climbing Related Asset Group, LLC (collectively, "Releasees") and medical care provider(s) to carry out any emergency medical transport or medical care for me, as may be necessary in their sole discretion, and agree to be fully responsible for any costs associated with such transport and care.
- Understand that it is my responsibility to comply with all posted and published procedures, including safety and hygiene procedures and protocols intended to lessen the likelihood of the spread of disease among participants and staff. I further understand that it is my responsibility to comply with all laws and other requirements imposed by federal, state, and local authorities.
- UNDERSTAND THAT THE ACTIVITIES INVOLVE INHERENT AND OTHER RISKS AND DANGERS, including but not limited to falling or loss of balance; striking padded or unpadded surfaces; being injured by equipment; being injured by the actions or inactions of other participants and bystanders; collisions with other participants; falls due to slick or uneven surfaces; equipment failures of any kind, even if equipment is properly used; equipment misuse by myself or others; potential exposure to communicable disease (including but not limited to coronavirus/COVID-19, other viruses, bacteria, and all other infectious pathogens and disease vectors); physical injury or illness as a result of physical activity or being on the premises where the Activities take place; and injuries resulting from the instruction of climbing instructors, coaches, or fitness instructors, which risks may result in SERIOUS INJURY, ILLNESS, EMOTIONAL DISTRESS, AND DEATH (collectively, "Risks"). I understand that the Risks may be caused or contributed to by my own actions or inactions, the actions or inactions of other participants, bystanders or staff, the conditions and settings in which the Activities take place, or the alleged or actual NEGLIGENCE of the Releasees. With a full understanding of the foregoing, I VOLUNTARILY AGREE TO ASSUME ALL INHERENT AND OTHER RISKS OF INJURY, ILLNESS, EMOTIONAL DISTRESS, AND DEATH AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of, or in connection with, the Activities.
- RELEASE, DISCHARGE, HOLD HARMLESS, AND AGREE NEVER TO SUE RELEASEES FOR ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ARISING FROM OR RELATED TO ACTIVITIES, INCLUDING INJURY, ILLNESS, EMOTIONAL DISTRESS, OR DEATH CAUSED IN WHOLE OR IN PART BY THE ALLEGED OR ACTUAL NEGLIGENCE OF THE RELEASEES. I further agree that if, despite this Agreement, I or anyone acting on my behalf makes a claim against any of the Releasees, I will DEFEND, INDEMNIFY, AND HOLD HARMLESS each of the Releasees from any attorneys’ fees, losses, liability, damage, or expenses which Releasees may incur as the result of such claim.
- I understand that this Agreement will apply every time I am on the premises or participate in the Activities. I agree that this Agreement is a contract which will be enforced to the fullest extent allowed by law and will be binding on me, my assignees, subrogors, heirs, assigns, executors, and personal representatives. If any part of this Agreement is to any extent deemed to be unenforceable, invalid, or illegal, the remaining terms shall remain in full force and effect.
- The laws of the State of Florida shall govern the rights and obligations of the parties to this Agreement and the interpretation, construction, and enforceability thereof. I agree that any lawsuit brought against The Knot shall be brought solely in the Circuit Court for Alachua County, Florida. I VOLUNTARILY WAIVE ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN ANY ACTION INVOLVING ANY RELEASEES.
- Photo Release: I agree that The Knot has the right to use any photography, video, or likeness of me taken while in a common area on The Knot property or at any event hosted by The Knot. I consent to the use of such photographs, videos, or likeness in promotional materials, social media posts, videos, brochures and on the The Knot website.
I HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND AND AGREE TO BE BOUND BY ITS TERMS. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE.
I agree that by signing this COVID-19 Addendum, I am adding and including this to the RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY, AND PHOTO RELEASE AGREEMENT (the “Agreement”), which I have signed with THE KNOT CLIMBING GYM, LLC, and that all of the terms of the Agreement apply to this COVID-19 Addendum.
I acknowledge the contagious nature of the COVID-19 virus, and respect that the facility adheres to the CDC, OSHA, Florida DOH, and Alachua County Emergency Order No. 2020-50 recommendations of practicing social distancing and wearing face coverings. I further acknowledge that The Knot has put in place preventative measures to reduce the spread of the COVID-19 virus, to the best of their abilities. I further acknowledge that no guarantee exists regarding whether or not I may contract COVID-19. I acknowledge that indoor and outdoor climbing and fitness gym usage is a close contact sport that heightens the risk of exposure to COVID-19. I understand that the risk of becoming exposed to and/or infected by the COVID-19 virus may result from the actions, omissions, or negligence of myself and others, including, but not limited to, staff and other clients. I acknowledge that I increase my risk of exposure to COVID-19 by participating in Activities. I acknowledge that I must comply with all set procedures to reduce the spread while in attendance and that The Knot may ask anyone to leave the premise at any time if they are found in violation of The Knot’s procedures.
For each time that I enter facilities of or provided by The Knot,I attest that:
- I am not experiencing any symptom of illness such as cough, shortness of breath, difficulty breathing, fever, chills, muscle pain, headache, sore throat, or new loss of taste or smell.
- I have not traveled internationally within the last 14 days.
- I have not traveled to a highly impacted area within the United States in the last 14 days.
- I do not believe I have been exposed to someone with a suspected and/or confirmed case of COVID-19 in the last 14 days.
- I am complying with all local, state, and CDC recommended guidelines as much as possible, including limiting any purposeful exposure to COVID-19.