What you are about to read and are requested to sign is a waiver and release of liability. Upon signing it, you will give up your right to sue North Mass Boulder, Indianapolis Bouldering, LLC (hence forth referred to as “NMB”) or anyone associated with NMB for injuries or losses you suffer while using NMB facilities or while participating in activities at NMB facilities, including but not limited to facilities at 1409 Roosevelt Ave, Suite 100; 1411 Roosevelt Ave Suite 100 in Indianapolis, Indiana. Please take your time and read this agreement very carefully. When you are certain that you understand the importance of each paragraph, sign your initials in the space provided. Sign the document only after you have read and understand everything. If you have any questions about the agreement, consult your attorney. Thank you for your attention to this matter. YOU WILL NOT BE ALLOWED TO PARTICIPATE IN ANY ACTIVITIES AT NORTH MASS BOULDER WITHOUT THE SIGNED WAIVER. I UNDERSTAND THAT SIGNING THIS DOCUMENT WILL PREVENT ME, MY HEIRS, EXECUTORS, DEPENDENTS, BENEFICIARIES AND ASSIGNS FROM SUING NMB, ITS OWNERS, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS OR GUESTS FOR ANY INJURIES, INCLUDING DEATH AND PARALYSIS, OR DAMAGES THAT I MIGHT RECEIVE WHILE PARTICIPATING IN ANY ACTIVITIES WITH NMB OR AT NMB FACILITIES. 1. RISKS. I understand that there is a significant risk of serious physical injury, death and other damages inherent in indoor and outdoor climbing, bouldering and physical fitness training activities and in my use of NMB facilities and instruction relating to these activities. These risks and hazards can include, but are not limited to, injuries arising from falling and striking objects or other people; being struck by falling objects or people; failure of any part or all of the climbing structures, flooring systems, building or training and fitness apparatus; defective, worn, uneven, separated or additional flooring or pads; hazards created by additional pads; falling and failing to land on a pad; landing on a pad and nonetheless suffering an injury; failure and/or breakage of climbing holds; failure of climbing hold anchoring systems and hardware; failure of anchoring systems, anchors and belay devices used to secure climbing anchors and ropes; falling because of improper use of ropes and safety equipment; injury resulting from lack of spotting, inadequate spotting or other sporting related injury; injuries related to fitness training classes including without limitation yoga classes; risks associated with walking on streets and sidewalks to access NMB facilities; strained or sprained muscles, joints and connective tissue; broken bones; personal injury including paralysis, death, illness, property damage, and other losses. I further understand that some NMB facilities may be available 24 hours a day, and that some of those operating times may be without staff supervision or observation of NMB facilities and that I may encounter additional risks during that time. Injury or death can arise from errors in judgment, from lack of training or information, from the negligence of me, employees or agents of NMB or other parties, as well as the risks normally associated with athletic endeavors. There is no way to eliminate the risk of serious harm or death. I understand that my use of NMB facilities and any instruction or knowledge I obtain at those facilities IS NOT sufficient to prepare me for the dangers and risks of indoor and outdoor climbing. 2. ACKNOWLEDGEMENT AND ASSUMPTION OF RISK OF INFECTIOUS DISEASE. I understand and have familiarized myself with the dangers of COVID-19 and understand that participating in activities at this facility may subject me to exposure to and infection by COVID-19 or other infectious disease. I have read and agree to comply with all rules and recommendations of NMB facilities and applicable local, state and federal health authorities with respect to COVID-19 or other infectious disease. I acknowledge and understand that such rules may be inadequate to protect me from the risk of transmission of disease by or to others. I understand that state, federal, and local guidelines rapidly change, and that the rules and recommendations of NMB facilities therefore may not reflect the most recent health guidance. Notwithstanding the risks associated with COVID-19 or other infectious disease, including without limitation the risk of illness or death, which I readily acknowledge, I hereby willingly choose to participate in activities at this facility, AND I ACKNOWLEDGE AND FULLY ASSUME THE RISK OF ILLNESS OR DEATH TO MYSELF OR OTHERS RELATED TO COVID-19 OR OTHER INFECTIOUS DISEASE ARISING FROM MY PRESENCE AT NMB AND/OR PARTICIPATION IN ACTIVITIES AT NMB. 3. I ASSUME ALL RISKS. I CERTIFY THAT I UNDERSTAND CLIMBING, BOULDERING AND PHYSICAL FITNESS TRAINING ACTIVITIES, EXPOSE ME TO A HIGH RISK OF INJURY OR ACCIDENT. I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS INCLUDING BUT NOT LIMITED TO THOSE ENUMERATED IN THIS DOCUMENT, WHETHER KNOWN OR UNKNOWN, OF INJURY, ILLNESS, DEATH OR DAMAGE OF WHATEVER KIND ARISING OUT OF MY USE OF NMB FACILITIES OR EQUIPMENT OR MY PARTICIPATION IN ANY ACTIVITY AT NMB FACILITIES OR SPONSORED BY NMB. 4. I WAIVE AND RELEASE ALL CLAIMS. I recognize that NMB could not offer this activity without obtaining a release of liability. In consideration of, and part payment for the right to use NMB’s facilities, I RELEASE NMB AND ANYONE ASSOCIATED WITH NMB, INCLUDING WITHOUT LIMITATION ITS OWNERS, OFFICERS, DIRECTORS, STAFF, INSTRUCTORS, MEMBERS, AGENTS, GUESTS AND THIRD PARTIES, FROM ALL LIABILITY, AND KNOWINGLY, INTENTIONALLY AND VOLUNTARILY WAIVE ALL CLAIMS, DEMANDS OR CAUSES OF ACTION OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY CLAIMS OF NEGLIGENCE, WHICH MAY ARISE AS A RESULT OF MY PARTICIPATION IN A NMB-SPONSORED ACTIVITY OR FROM USE OF NMB FACILITIES OR EQUIPMENT. 5. I WILL INDEMNIFY NMB. In consideration of, and in part payment for the right to use NMB’s facilities, I agree to defend, protect, INDEMNIFY, and hold harmless NMB, its owners, officers, directors, members, instructors, employees, agents and guests from and against any and all claims, suits, actions at law or in equity, for damages or other relief and against any liability of any nature, together with attorneys' fees and costs incurred, that may arise out of my use of NMB property or facilities, INCLUDING BUT NOT LIMITED TO INJURIES ARISING FROM MY VIOLATION OF NMB RULES. I agree to pay the reasonable attorneys' fees and all other costs of all parties if I bring a suit for injuries suffered at NMB and that action is unsuccessful, in whole or in part. Additionally, in consideration of, and part payment for my right to participate in a NMB-sponsored activity, I EXPRESSLY AGREE NOT TO SUE NMB, ITS OWNERS, OFFICERS, DIRECTORS, MEMBERS, INSTRUCTORS, EMPLOYEES, AGENTS AND GUESTS AND HEREBY WAIVE ALL CLAIMS AND LIABILITIES AGAINST NMB AND THOSE PARTIES INCLUDING, WITHOUT LIMITATION, CLAIMS FOR NEGLIGENCE ARISING FROM MY (OR THE MINOR’S) PARTICIPATION IN CLIMBING ACTIVITIES OR USE OF NMB FACILITIES OR EQUIPMENT. 6. I AGREE TO ABIDE BY ALL NMB RULES. I agree to abide by all NMB rules and codes of conduct including without limitation those contained in written or electronic and video form as well as verbal directions that may be given by NMB staff or employees. I MAY NOT USE NMB FACILITIES IF I AM UNDER THE INFLUENCE OF ALCOHOL OR OTHER DRUGS. 7. I am physically qualified to participate. I certify that I have no physical limitations or medical conditions that would impair my ability to fully and safely use NMB facilities. I agree to inform NMB of any conditions that may have any effect on my ability to fully and safely use NMB facilities, so that a determination can be made as to the proper course of action. 8. Other provisions. • This agreement constitutes the complete and sole agreement between you and NMB, its owners, officers, directors, instructors, employees, agents, members and guests and all others associated with NMB. Excepting the 24-Hour Access Agreement and Rules Acknowledgment, evidence of any other agreements, whether oral or in writing, are void and inadmissible and unenforceable in a court of law, arbitration or other dispute resolution proceeding. • INDIVIDUAL OFFICERS, DIRECTORS, NMB MEMBERS, INSTRUCTORS, EMPLOYEES AND AGENTS HAVE NO AUTHORITY OR POWER TO ALTER THE TERMS OF THIS AGREEMENT, EITHER ORALLY OR IN WRITING. This agreement covers my use of NMB facilities as well as my participation in all NMB activities and all associated events. • THE LAWS OF THE STATE OF INDIANA SHALL GOVERN THIS AGREEMENT. VENUE FOR ANY ACTION SHALL BE MARION COUNTY, INDIANA. I VOLUNTARILY WAIVE ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN ANY ACTION INVOLVING ANY RELEASED PARTY RELATED TO OR ARISING FROM MY PARTICIPATION IN CLIMBING ACTIVITIES OR USE OF NMB FACILITIES OR EQUIPMENT. 9. Severability. If any provision of this agreement or its application to any person or circumstance is held invalid or void, the remainder of the agreement or its application to other persons or circumstances is not affected. I AM FULLY AWARE OF THE CONTENTS OF THIS AGREEMENT AND RELEASE, AND HAVE READ AND UNDERSTAND ALL OF THE TERMS. THE TERMS OF THIS AGREEMENT BIND ME, MY FAMILY (INCLUDING BUT NOT LIMITED TO SPOUSES AND DOMESTIC PARTNERS), HEIRS, EXECUTORS, ADMINISTRATORS, DEPENDENTS, BENEFICIARIES AND ASSIGNS. I recognize that if I have any questions regarding my waiver of rights, I should consult an attorney.
|
