Assumption of Risk, Release and Indemnification
In consideration of my being allowed to use the services, equipment, and facilities of Focus Climbing Center LLC (“Focus”), I hereby and acknowledge and agree to the following terms and conditions:
ASSUMPTION OF RISK: I hereby acknowledge, accept and agree that the sport of rock climbing and the use of Focus's services, equipment, and facilities is an inherently dangerous activity. I have received full information regarding Focus's services, equipment, and facilities and have had the opportunity to ask any questions that I had regarding the same. I have full knowledge of the nature and extent of all the inherent risks associated with rock climbing and the services, equipment, and facilities used for rock climbing and related activities at Focus, which may include but are not limited to:
a. Any and all manner of injury, including without limitation the possibility of serious injury or death, resulting from any of the services, equipment, and facilities at Focus, including without limitation, falling off the climbing wall and hitting the floor, bouldering pads and corners of such pads, the climbing wall, rock face, people or projections, whether permanently or temporarily in place, belaying, use of the auto-belay system, or failure to clip into the belay or auto-belay system, or any other consequence whatsoever of utilizing Focus’s services, equipment, and facilities;
b. Rope abrasion, entanglement and any other injuries whatsoever resulting from activities on or near the climbing wall including but not limited to, climbing, belaying, use of auto-belaying system, rappelling, lowering on ropes, rescue systems, and any other rope techniques;
c. Injuries resulting from the actions or omissions of others, including but not limited to falling climbers or dropped items, such as ropes, climbing hardware, wall parts or personal effects;
d. Cuts and abrasions resulting from skin contact with the climbing wall or any other surface, person, or equipment;
e. Failure or misuse of ropes, slings, harnesses, climbing holds, anchor points, machinery or any other equipment;
f. Failure to follow Focus’s employee instructions or failure to ask for information or assistance;
g. Any injury that may occur while moving on or about the premises for any reason, including but not limited to slips, trips and falls, and any and all inherent risks of rock climbing, and the services, equipment and facilities used for rock climbing and related activities at Focus;
h. Any injury that may occur while using the Tension Board, an electronically adjustable piece of climbing wall, which due to its difficulty and angles, requires special care, instruction and climbing experience, and due to its electrical power source and mechanical nature, could fail, fall, move unexpectly, electrocute, throw participants off, or cause participants to land in an unsafe manner or place;
i. Any injury to children who accompany participants who even though not permitted on certain equipment or areas nevertheless attempt to get on it;
j. COVID-19 exposure risks due to the hands-on nature of indoor climbing, whether it is coming into contact with COVID virus on surfaces touched by others or from being in close indoor spaces.
I further acknowledge that the above list is not inclusive of all possible inherent risks associated with the use of Focus’s services, equipment, and facilities, and I agree that such list in no way limits the extent or reach of this Assumption of Risk, Release and Indemnification.
RELEASE: In consideration of my use of Focus's services, equipment, and facilities, and/or participation in any program, competition, special event, camp, group or party offered by or held at Focus, I hereby release and discharge Focus, as well as its members, managers, officers, directors, owners, employees, agents and contractors, from any and all liabilities, suits, claims, causes of action, demands, damages (including attorneys fees and expenses), losses or costs of any nature whatsoever incurred by me or that are in any way related to or arising out of the use or intended use of Focus's services, equipment, and facilities, whether supervised or not, including, without limitation, all claims for property damage, personal injuries or wrongful, whether or not there are any allegations or charges of negligent acts or omissions on the part of any other parties, including Focus.
INDEMNIFICATION: I hereby agree to indemnify Focus, as well as its members, managers, officers, directors, owners, employees, agents and contractors, from any and all liabilities, suits, claims, causes of action, demands, damages, losses or costs of any nature whatsoever arising out of, or in any way relating to, my use of or movement in or throughout Focus’s services, equipment, and facilities, whether or not there are any allegations or charges of negligent acts or omissions on the part of any other parties, including Focus.
I understand and agree that Focus and its personnel or staff reserves the right to deny access to its facilities to any individual, permanently or for a specified period of time, for any breach of Focus Climbing Center's policies, rules and regulations, for any conduct that is viewed as unsafe or inappropriate, or for any other reason whatsoever, whether disclosed or not. While using Focus’s services, equipment, and facilities, I consent to Focus capturing any form of media containing my image, be it photo or video, and agree that any such media may be used for any and all purposes that Focus deems appropriate in its sole and absolute discretion. Focus may add my email address to their mailing list for gym updates and promotions.
I FURTHER ACKNOWLEDGE AND AGREE THAT I HAVE READ, UNDERSTAND AND WILL COMPLY WITH FOCUS'S COVID-19 POLICIES (https://focusclimbingcenter.com/corona-virus/), AND HAVE TRUTHFULLY ANSWERED THE SCREENING QUESTIONS.
This agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and assigns, in the event of my death or incapacity. By signing this agreement, I waive the right to bring a court action to recover damages or obtain any other remedy for any injury to myself or death, or any damages to my property, however caused, arising out of my use of or movement in or throughout Focus's services, equipment, and facilities, now or any time in the future, whether or not there are any allegations or charges of negligent acts or omissions on the part of any other parties, including Focus. I agree to pay for any and all reasonable attorney’s fees and expenses incurred by Focus as a result of any claims made by me or on my behalf in contravention of this agreement.
I am at least 18 years of age and legally competent to sign this agreement. This assumption of risk, release and indemnification shall be effective and binding upon me and upon my assigns, heirs, representatives, executors and administrators. If I am under the age of 18, this release must also be signed and filled out below by my parent or guardian.
My participation in this activity is purely voluntary, and I elect to participate in spite of the risks described herein. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or I will otherwise agree to bear the costs of such injury or damage. I further certify that I have no medical or physical conditions which interfere with my ability to participate safely in the use of Focus’s services, equipment, and facilities, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
I agree that the validity and enforceability of this release of liability and assumption of risk will be governed by the laws of the State of Arizona, without regard to its conflict of law rules, and venue for any proceedings regarding this agreement shall be in the state courts located in Maricopa County, Arizona. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
I have had sufficient opportunity to read this entire document, as well as the opportunity to ask questions about this document if I have any. By signing this agreement, I acknowledge that if anyone is hurt or property is damaged while I am on the premises, I may be found by a court of law to have waived my right to maintain a lawsuit against Focus, as well as its members, managers, officers, directors, owners, employees, agents and contractors, on the basis of any claim from which I have released them herein.