THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS: Please Read the ENTIRE DOCUMENT before signing. I, the undersigned, desires to: a. Use one or more Fitness Centers (“Facilities”) owned and operated by Alpine Climbing Adventure LLC, a California limited liability company (“ALPINE”); b. Participate in climbing and/or fitness instruction, competitions, camps, trips, and/or other types of events (including but not limited to indoor, outdoor, and online) (collectively, “Events”) held at the Facilities, and/or sponsored by ALPINE and/or involving ALPINE in any way; and c. Engage in rock climbing, bouldering, speed climbing, lead climbing, top roping, auto-belay climbing, other climbing activities, sports, fitness activities, training, classes, or any of the various other types of activities (including but not limited to indoor, outdoor, and online) (collectively, “Activities”) which may take place at the Facilities or be sponsored by ALPINE. Use of the Facilities and/or participation in Events and /or Activities may hereinafter be collectively referred to as “Activities”. All references to “Facilities” throughout this Waiver and Release of Liability, Assumption of Risk, Indemnification, and Participation Agreement (“Release”) shall include all rooms, areas, and spaces on the interior and exterior (including all parking areas) of the Facilities. In consideration and as a pre-condition to ALPINE permitting me and/or my minor child (collectively “me,” “I,” or “my”) to use the Facilities, and/or participate in Events and/or Activities, I have executed this Release. My participation is purely voluntary, and I elect to participate in spite of the known risks and dangers. 1. ASSUMPTION OF RISK. I have received full information regarding the Activities and have had the opportunity to ask ALPINE team members any and all questions I have about the Activities. I acknowledge, accept, and agree the Activities involve inherent risks, and understand no amount of instruction, expertise, staff training, or care can eliminate the inherent dangers associated with use of the Activities. I have personally examined the Facilities, including the climbing walls and have full knowledge of the nature and extent of all the risks and dangers associated with use of the Activities, including but not limited to: a. Any/all falls, fractures, concussions, overexertion, overheating, injuries from my lack of fitness or conditioning, communicable diseases, exposure to allergens which could cause life-threatening reactions, death, equipment failures, and negligence of others. b. Any/all injury or injuries resulting from falling from the climbing wall and hitting objects below including the floor, people, equipment, fixtures, and structures, whether permanently or temporarily in place. c. Any/all injury or injuries from rope abrasion, entanglement and other injuries resulting from Activities on or near the climbing walls such as, but not limited to, climbing, belaying, lowering on rope, rappelling, and/or any other rope techniques. d. Any/all injury or injuries resulting from falling climbers or dropped items, including but not limited to ropes, climbing hardware, chalk bags, other climber’s gear, loose or broken climbing holds, or other fixtures and/or equipment whether known or unknown. e. Any/all injury or injuries including but not limited to cuts, abrasions, contagions, viral (including but not limited to current and potential future strands of COVID-19), bacterial infections, burns, as a result from skin contact with the climbing wall, climbing holds, pads, rental equipment, fitness gear, and/or any other surface or objects at the Facilities. f. Any/all failures or misuse of ropes, slings, bolts, chains, climbing hardware, anchor points, and other equipment and/or fixtures including without limitation any part of the climbing wall structure. g. Any/all injury resulting from failure to follow ALPINE standard procedures and/or ALPINE team member directions and/or failure to ask ALPINE team members for further information or assistance. h. Hospital facilities, qualified medical care, and medical evacuation may be delayed or limited by local conditions. i. ALPINE assumes no responsibility for providing medical care during any Activities, and I will have to pay for any medical care and/or evacuation that I incur. I acknowledge this list is not inclusive of all possible risks associated with the Activities both known and unknown, which could result in physical injury, emotional injury, paralysis, death, damage to myself, my property, and damage to third parties and third-party property. I understand that no amount of caution, expertise, training and instruction can fully eliminate the inherent risk associated with the Activities. I confirm I am physically and mentally capable of the Activities, and understand if my mental or physical condition changes after the execution of this Release such that I am not capable of the Activities, I am obligated to immediately cease participation in all Activities. In order to avoid any illness, serious injury, or death, ALPINE has advised me to consult a physician before beginning any of the Activities. I acknowledge and accept there are certain unavoidable risks accompanying my choice and decision to enter and remain in the Facilities and participate in Events and Activities for any length of time; and these unavoidable risks accompany my presence near other individuals, including the choice and actions those others may or may not make with regards to personal hygiene and health. I understand that no amount of sanitizing, cleaning, or precautions can fully mitigate the risk of harm or damage, including death, caused or resulting from any virus (including but not limited to any current or future strand of COVID-19) bacterium, or microorganism which is capable of inducing physical distress, illness or disease. I acknowledge climbing at the Facilities on artificial climbing walls is not the same as climbing on natural rock or on other artificial rock surfaces. I understand that the instruction I may receive from ALPINE team members is not necessarily applicable to climbing on natural rock or other artificial rock climbing. I understand that participating at ALPINE does not prepare me to climb without supervision at the Facilities or anywhere else at any time. I further understand that climbing holds in the Facilities are for convenience and are not a safety feature. Climbing holds and other equipment, fixtures and structures at the Facilities can and do break and fall to the floor, potentially striking and injuring persons and/or objects below. I am aware of the ALPINE safety policy recommending the use of a protective helmet to help prevent head trauma including permanent brain damage in the event of an accident. I understand wearing a helmet does not eliminate the dangers associated with rock climbing but in certain instances can reduce the risk of permanent injury or death. I am also aware it is my responsibility to provide and use a protective helmet according to the manufacturer’s specifications. I understand ALPINE strongly recommends I wear a helmet while climbing and if I choose not to wear a helmet I do so against their strong recommendation. I AGREE TO ASSUME ALL RISKS OF INJURY AND/OR DEATH THAT MAY OCCUR AS A RESULT OF MY NOT WEARING A HELMET. I understand climbing gear and other equipment could become damaged or defective. I am capable of examining and assessing my climbing equipment and acknowledge and agree I am responsible for the condition of my own equipment which I use at the Facilities, and during Events and/or Activities. If damage occurs to equipment belonging to ALPINE while I am using it or I otherwise become aware of damaged ALPINE equipment, I will bring it to the immediate attention of the ALPINE team member in charge at the Facilities. 2.RELEASE OF LIABILITY. I hereby freely and knowingly RELEASE ALPINE and its officers, directors, employees, contractors and members, other participants, the providers of any equipment, land owners, municipal or governmental providers of use permits, and their respective employees, officers, and directors (collectively, “Released Parties”) FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, illness, death, loss or harm that occur to me or to any other person or to any property during the use of the Facilities, and/or participation in Events and/or Activities or in any way related thereto, including during transportation to or from the Facilities, Events and/or Activities. This RELEASE includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. This RELEASE does not extend to claims that California law does not permit to be released by Agreement. I also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss or harm that occur during use of the Facilities and/or participation in Events and/or Activities. 3.INDEMNIFICATION HOLD HARMLESS AND DEFENSE. I further agree to indemnify, hold harmless and defend the Released Parties from and against any and all claims to which Section 2 of this Release applies, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all claims for my own negligence, and any other claim arising from my conduct during my use of the Facilities, and/or participation in Events and/or Activities or in any way related thereto, including during transportation to or from the Facilities, Events and/or Activities. In accordance with these promises, I will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney’s fees, that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this Release, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them. I am aware of and specifically waive the provisions of California Civil Code Section 1542, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” I am aware of and hereby knowingly and expressly waive the provisions of California Civil Code Section 1714, which provides in pertinent part as follows: “Everyone is responsible, not only the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in management of his or her property or person…” 4.ACCESS, HEALTH AND PERSONAL PROPERTY. I understand and agree ALPINE and its team members reserve the right to deny access to the Facilities to any individual, permanently or for any specified period of time, for any breach of ALPINE policies, rules and regulations, or for any conduct that is viewed by ALPINE in its sole discretion as unhealthy, unsafe, or inappropriate. I understand and agree to submit to health screenings ALPINE may conduct in its sole discretion prior to allowing me to use the Facilities and/or participate in Events and/or Activities. I further agree to abide by decisions made by ALPINE in its sole discretion respecting use of the Facility and/or participation in Events and/or Activities by me or any other individual including my family members. I also understand and agree ALPINE shall have the right to communicate as needed to satisfy local public health mandates, directives, and recommendations as they relate to contact tracing. I further understand and agree I am solely responsible for my personal property while it is at the Facilities or any other venue for an Event and/or Activity. ALPINE and its team members assume no responsibility for any lost, damaged or stolen personal property. I also understand and agree that it is my responsibility to keep all personal property under observation or in a secured location at the Facilities. If I become the victim of a theft, I will report it immediately to an ALPINE team member. 5.USE OF LIKENESS AND DISCLOSURE OF MY INFORMATION. I understand the Facilities contain a number of cameras, security cameras and other security, marketing and/or promotional content creation devices. I acknowledge and agree ALPINE reserves the right to use any photography, video recording, audio recording, or any other media taken at the Facilities, during Events, or in connection with any of the Activities including but not limited to print or online promotional materials, print or online brochures, website and current or future social media platforms. I also acknowledge and agree the Released Parties’ may disclose any or all of my personal information if the Released Parties’ are requested to do so by any governmental agency or authority. 6.GOVERNING LAW, JURISDICTION, WAIVER OF JURY TRIAL, ARBITRATION, AND SEVERABILITY. This Release shall be governed by California law, without regard to its conflict of law rules, including its validity and enforceability, and constructed broadly to provide a release and waiver to maximum extent permissible under applicable law. I VOLUNTARILY WAIVE ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN ANY ACTION INVOLVING ANY RELEASED PARTY. I agree that if any portion of this Release is held to be invalid, void, or unenforceable, the remaining portions shall nonetheless remain in full force and effect. FURTHERMORE, I agree that any controversy, dispute, or claim I have arising out of, in connection with, or in relation to any Released Party, or this Release shall be submitted for resolution through final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures in the County of Sacramento, California. Any Court of competent jurisdiction may enforce these arbitration provisions, and judgement on the award may be entered in any court having jurisdiction. The parties submit to the jurisdiction of the Superior Court of California, County of Sacramento, California, for purposes of confirming any such award and entering judgement. In the award, the arbitrator may allocate all or part of the costs of the arbitration, including the arbitrator’s fees, and the reasonable attorney’s fees of the prevailing party. This Release shall be effective and binding upon my heirs, next of kin, executors, administrators and assigns, in the event of my death and/or incapacity. By signing this Release, I waive the right to bring a court action to recover compensation or obtain any other remedy for any injury to my property or my person, or for my death, however caused, arising out of my participation in Events and/or Activities or other use of the Facilities, now or any time in the future, whether caused by ALPINE negligence or that of its officers, agents or team members. I agree to pay for all legal fees incurred by the Released Parties as a result of any claim made by me or on my behalf. 7.PARTICIPANT OR PARENT / GUARDIAN SIGNATURE. I certify that I am at least 18 years of age and am otherwise legally competent to sign this Release. This Release and all sections contained within it shall be legally binding upon myself, my children, my parents, my heirs, assigns, personal representative and estate. I certify that I have been provided sufficient time to read this document in its entirety, and I have had the opportunity to ask any questions pertaining to this document to ALPINE team members. By signing this Release, I acknowledge that I may be found by a court of law to have waived my rights to recover compensation or obtain any other remedy for any injury to my property or myself, or for my death, now or at any time in the future, whether caused by negligence on the part of ALPINE or of the Released Parties. I acknowledge and agree that if any portion of this Release is to be held invalid, void, or unenforceable, the remaining portions shall nonetheless remain in full force and effect. I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS RELEASE BY READING IT BEFORE SIGNING IT. NO ORAL REPRESENTATIONS, STATEMENTS, OR OTHER INDUCEMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS RELEASE. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN IT OF MY OWN FREE WILL. Today's Date: May 2, 2024 |
