PLEASE READ CAREFULLY BEFORE SIGNING, THIS IS A RELEASE OF LIABILITY AND A WAIVER OF CERTAIN LEGAL RIGHTS
This Agreement must be signed by all visitors of Touchstone Climbing Inc., a California corporation (collectively referred to herein with Touchstone’s employees, owners, officers, directors, agents, independent contractors and assigns as “Touchstone”). If the visitor is a minor, it must be signed by his or her parent or legal (court appointed) guardian, who signs for himself or herself and, if allowed by law, the minor visitor. “Visitor” as used in this Agreement includes participants in Touchstone Activities (see below) and other persons that enter a Touchstone facility or take part in a Touchstone activity.
In consideration of the services of Touchstone, I, an adult visitor or parent or legal guardian of a visitor who is a minor, acknowledge and agree as follows:
ACTIVITIES: This Agreement applies to facilities operated by Touchstone, other facilities that Touchstone uses for its activities, and any outdoor or remote locations where Touchstone is conducting activities. Activities of Touchstone (“Touchstone Activities”) include but are not limited to the following: the use of roped (toprope, auto-belay and lead climbing) climbing walls, bouldering areas, weights and other training and fitness equipment, participation in activities or events including gear demonstrations, parties, clinics, training, yoga and other fitness classes, remote outdoor climbing, camps and classes, travel to other activity sites, use of parking areas, the rental or borrowing or purchasing of equipment from Touchstone, and other activities and use of facilities and equipment at a Touchstone gym or elsewhere.
RISKS: I recognize and understand that there are risks, hazards and danger in Touchstone Activities, inherent and otherwise, and that participation could result in injuries of all kinds, including serious injury or death. The risks involved in Touchstone Activities include, but are not limited to: hazards in traveling to the location of an activity; parking and moving about parking and other areas in the vicinity of the gym or other activity site; in falling, collision with objects, people or structures, falling onto uneven, worn or hard landing surfaces; being struck by other visitors or objects; loose, broken, or falling handholds or loose rock; equipment failure even if equipment is properly used; the conduct, including negligent conduct of other visitors, participants, staff, volunteers, and third parties; harm due to exposure to weather, plants or wildlife; potential exposure to pathogens and communicable diseases; the aggravation of pre-existing conditions; risks identified by Touchstone through rules and warnings, whether written, oral or otherwise; and other foreseeable or unforeseeable risks. I accept that these and other risks are inherent in a visit to a Touchstone facility or other activity site – that is, they cannot be eliminated without changing the nature of the visit and participation in Touchstone Activities. Participation in Touchstone Activities is voluntary and visitors may withdraw from participation at any time.
ASSUMPTION OF RISKS: Understanding these risks and dangers, and understanding that other risks will be encountered, I expressly accept and assume all risks associated with Touchstone Activities, inherent and otherwise, whether caused by or contributed to by negligent or other acts or omissions of Touchstone, and whether or not described above. My participation is purely voluntary, and I elect to participate in these activities in spite of the risks. If the visitor is a minor, I have explained the activities and risks to him or her, and the minor wishes to participate in the Touchstone Activities nevertheless.
WAIVER, RELEASE OF LIABILITY, AND INDEMNITY: I, an adult visitor, or parent or guardian of a visitor who is a minor (for myself and, to the maximum extent allowed by law, on behalf of the minor) agree not to sue, and to release, discharge, indemnify and hold harmless (that is, defend and pay, including costs and attorneys’ fees) Touchstone, lessees and owners of the properties on which Touchstone Activities are conducted, and their respective members, owners, officers, managers, directors and staff (“Released Parties”), and to waive any rights, with respect to any damages, claims, liability, or causes of action arising out of or relating to my or the minor child’s visit to Touchstone facilities, or other site where Touchstone Activities take place, the use of its facilities and equipment, and participation in Touchstone Activities. The obligation to indemnify includes any claim, liability, or cause of action by third parties, including other visitors, and a member of my, or the minor visitor’s families, arising out of my, or the minor visitor’s visit to the gyms or other Touchstone activity site and/or the use of its facilities and equipment and participation in Touchstone Activities. This waiver, release and indemnity agreement include without limitation claims arising out of or relating to the negligence or strict liability of a Released Party.
1. I, or the minor visitor, am capable of participating in Touchstone Activities and have no mental, medical, or physical condition that would cause me or the minor visitor to be a danger to ourselves or others. I warrant that I have adequate insurance, or the financial ability to otherwise cover, the costs associated with any injury or damage I may suffer while participating in Touchstone Activities.
2. I understand that I am responsible for assessing the quality of my, and the minor visitor’s, climbing or fitness gear brought to the gym or other activity site and declare that it is in good condition for use. I understand that Touchstone is not liable for any lost or stolen equipment or personal items brought to Touchstone facilities or other Touchstone Activity site.
3. I understand that in order to participate in Touchstone Activities I, for myself or for the minor visitor of whom I am a parent or legal guardian, must sign this agreement; I, or the minor, must complete whatever instructional programs or reviews Touchstone requires for the particular activity; and I, or the minor, must read and abide by all of Touchstone’s rules, warnings, and regulations. Touchstone has no duty to monitor my visit to Touchstone whether or not I participate in Touchstone Activities.
4. I understand that Touchstone’s use of guidelines, reviews, tests, and rules are for its purposes at minimizing the potential for unsafe actions by visitors, and in no manner a certification of visitor capability. It is the responsibility of every visitor to evaluate his or her own ability and capability to ensure his or her own safety and the safety of others around him or her. Instructional programs including clinics and other training sessions also do not result in certification, as Touchstone is not a certifying agency of any sort.
5. In the event of an accident, I authorize Touchstone to stabilize and obtain medical care, including transportation to a medical facility, for me or the minor visitor if, in the opinion of Touchstone, medical care is needed and I am unable to make such decisions for myself. I agree to pay all costs associated with such actions on the part of Touchstone, and to indemnify and hold Touchstone harmless from any consequences resulting from such care.
6. Touchstone is hereby authorized to take photos and video of me or the minor in connection with participation in Touchstone Activities and has my permission to use my, or the minor’s, name and likeness, without compensation, for marketing and other promotional purposes.
7. If a party seeks either to enforce its rights under this Agreement or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred.
8. I understand that this Agreement constitutes the entire agreement between Touchstone and myself regarding the subject matter herein, and supersedes all prior agreements, and shall continue in effect and remain in force in perpetuity from the date it is executed, and covers my, or the minor visitor’s, participation in all Touchstone Activities including use of any of Touchstone’s facilities, equipment and parking areas.
9. If any provision or part-provision herein is invalid, illegal or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable. Any such modification shall not affect the validity of the remaining provisions of this Agreement
10. This Agreement shall be construed in accordance with the laws of the State of California (without regard to conflict of law provisions) and for any dispute, controversy, or claim of any kind arising out of or relating to this Visitor Agreement, including but not limited to the acts or omissions of the parties, the breach, termination, enforcement, interpretation or validity of this agreement or the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Francisco, California before one arbitrator, mutually selected by the parties. The arbitration shall be administered by Judicial Arbitration Mediation Services (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures and under the laws of the State of California. Judgment on the award may be entered in any court having jurisdiction thereof.
I HAVE CAREFULLY READ, UNDERSTAND, AND VOLUNTARILY SIGN THIS ACKNOWLEDGMENT AND ASSUMPTION OF RISKS, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT. I intend for it to apply to the fullest extent allowed by law, and to be binding upon members of my, or the minor child’s, family, parents, and our respective, heirs, assigns, and administrators.