INTRODUCTION. INTRODUCTION. Please read this Acknowledgment and Assumption of Risks & Release and Indemnity Agreement (this “Agreement”) carefully before signing. This Agreement informs you about your responsibilities and assumption of risks, and includes a release of liability, indemnification and surrender of certain legal rights. Parent(s) or Legal Guardian(s) (hereafter collectively “Parent(s)”) of any visitor under the age of 18 (hereafter sometimes “minor” or “child”) shall sign this Agreement. “I,” “me” or other first person references shall include both the Parent(s) and the minor, unless the context requires otherwise. “Visitor” as used in this agreement refers to persons who visit the climbing or other activity areas of the Climbing Facility as a participant in Climbing Facility activities, or otherwise. References to “Visitor” include both minor and adult visitors. The undersigned Visitor, including Parent(s) or Legal Guardian of any minor Visitor, desires to (a) use or be granted access to an Gritstone climbing and fitness center (each a “Climbing Facility”) owned or operated by Gritstone Climbing + Fitness, LLC (“Gritstone”) their respective agents, owners, officers, directors, employees, representatives, landlords, tenants, partners, joint-venturers, and all other persons or entities associated with any of the foregoing (all of the foregoing parties, including without limitation Gritstone, are collectively referred to hereinafter as the “Released Parties”), and in consideration for the opportunity to enter upon any Gritstone’s Climbing Facility and participate in activities at locations, both indoor and outdoor, that are located at any Climbing Facility or sponsored by or involve any of the Released Parties, I, the undersigned Visitor, including Parent(s) or Legal Guardian(s) of minor visitors, agree as follows: ACKNOWLEDGMENT AND ASSUMPTION OF RISKS. ACKNOWLEDGMENT AND ASSUMPTION OF RISKS. Engaging in climbing or other activities at the Climbing Facility and/or at other locations, both indoor and outdoor, including those that are sponsored by or involve any of the Released Parties, involve serious risks. These activities vary but can include (and are not limited to) bouldering (un-roped climbing), climbing (Top Rope and Sport Climbing), belaying (including the use of auto-belay devices), and rappelling on the Climbing Facility’s artificial climbing walls or other walls, equipment, or facilities, with or without Gritstone staff present, and other activities such as fitness classes (yoga, cardio, etc.), climbing instructional classes, personal instruction or personal training, including participation in virtual online fitness, wellness, or sporting activities created and offered by Gritstone, and use of rental equipment, weights and/or fitness equipment, slack-lining, crate-stacking, and other related activities. I acknowledge that participating in climbing or such other activities involves risks, including but not limited to risks involving physical activity, decision making, equipment failure or misuse, and such other risks and hazards associated with rock climbing activities, use of artificial climbing walls or my presence in the Climbing Facility. Some risks are inherent in these activities and cannot be eliminated or reduced. A variety of other risks also exist, including potential exposure to communicable disease (including but not limited to coronavirus/COVID-19, other viruses, bacteria, and all other infectious pathogens and disease vectors). I understand that nothing, including wearing a helmet or other protective equipment, can fully eliminate the dangers associated with any activity. I understand that wearing a helmet is my choice and I do so or not at my own risk. These inherent and other risks, hazards and dangers can cause injury, property damage, illness, mental or emotional trauma, paralysis, disability or death to visitor or others. ACKNOWLEDGMENT AND ASSUMPTION OF RISKS
(CONTINUED) VIRTUAL ONLINE PROGRAM Virtual Online Program: I acknowledge that I am physically and mentally able to participate in Gritstone’s virtual online program, and I understand the physical and mental requirements and risks involved. I will never participate in Gritstone’s virtual online program while intoxicated or under any medication that inhibits my ability to function coherently. I read this agreement and understand the risks involved in Gritstone’s virtual online program. I am instructed on the proper and safe way to participate in the virtual online program and will adhere to the safety protocols by my instructor or coach. I understand how to properly and safely train according to my coach/instructor’s guidance. For more serious or complicated health conditions, I will remove myself from the virtual online program when needed and use my best judgment to stay safe while training under this virtual online program. I will never attempt to negotiate terms with the instructor or coach of Gritstone’s virtual online program. I will also follow the guidance of my instructor or coach. ACKNOWLEDGMENT AND ASSUMPTION OF RISKS
(CONTINUED) I understand that if I choose to exercise or engage in activity at the Climbing Facility, or through virtual online programs offered by Gritstone, there will be periods when my activities are not supervised or directly monitored by Gritstone personnel. I understand that climbing, exercise and/or other activities in unsupervised and/or unmonitored settings may increase the risks to me related to the occurrence of adverse events and the provision of timely emergency response. I understand that known, unknown and/or unanticipated risks, hazards and dangers may result in injury, damage, death or other loss. I acknowledge that participating in these activities requires a special degree of skill and knowledge different from other activities and that I have responsibilities as a visitor. I have no mental or physical problems or limitations that might compromise or affect my ability to participate in climbing activities which have not been disclosed in writing to Gritstone. I acknowledge that Gritstone staff is, and has been, available to answer further questions about the nature and physical demands of these activities and the risks, hazards and dangers associated with these activities. I understand that the presence of Gritstone personnel is absolutely no assurance of my safety or the lessening of any of these risks, and I represent I am fully capable of participating in these activities without causing harm to me or others. I know that I should contact a Gritstone staff member for an orientation if I have not received one previously. I have read or have had the opportunity to read the Rules & Etiquette and other regulations in the Climbing Facility and agree to abide by such rules and regulations. I agree to follow all Gritstone rules and regulations that may be posted at the Climbing Facility or communicated to me by Gritstone personnel from time to time and all 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. If my access or membership is revoked, suspended or terminated I understand that I am not entitled to a refund. I understand that neither Gritstone nor any of the Released Parties makes any warranties or representations (express or implied) concerning the Climbing Facility, including but not limited to my safety or that of my property while on or about the Climbing Facility or the conditions of the Climbing Facility or the quality of the equipment I may use or encounter while in the Climbing Facility or engaging in activities therein. CLIMBING IS DANGEROUS! Climbing is dangerous! In both supervised and unsupervised activities, I acknowledge that all visitors are responsible for their own safety. My participation in these activities is purely voluntary, and I choose to participate in spite of and with knowledge of the risks. Therefore, I assume and accept full responsibility for those risks identified here and for those risks not identified, and for injury, damage, death or other loss suffered by me resulting from those risks, my own negligence, and/or the negligence of any one or more of the Released Parties. I expressly assume each and every risk involved with use of the Climbing Facility and involved in the act of climbing, to the fullest extent provided under applicable law, including but not limited to, A) Falls and crashes into the climbing wall, holds, rocks, or other obstacles; B) Risks associated with crossing or climbing up or down; C) Equipment failure; D) My own physical strength, coordination, sense of balance, and ability to follow to give directions while climbing, belaying, lifting, or spotting, E) Fatigue, chill, or dizziness; F) The actions of other individuals. Further, I expressly assume the risk for the ongoing protection and care of my personal property brought onto the premise by myself, or my agents, and understand that the Climbing Facility and/or its staff members maintain no duty to safeguard my personal property. RELEASE AND INDEMNITY AGREEMENT. RELEASE AND INDEMNITY AGREEMENT. Please read carefully. This section contains a Release and Indemnity Agreement and surrender of certain legal rights. The undersigned agree(s) as follows: (1) I hereby release, waive, forever discharge, and covenant not to sue the Released Parties, with respect to all losses, damages, expenses, claims, causes of action, or other liabilities (including attorneys’ fees and costs), whether known or unknown, arising out of any injury, damage, death or other loss to me or my child in any way connected with my/my child’s enrollment or participation in activities at the Climbing Facility and/or at other locations, both indoor and outdoor, that are sponsored by or involve the Released Parties, use of the Climbing Facility’s climbing walls or other equipment or facilities, or my/my child’s presence on or about the Climbing Facility. I hereby waive all claims I may have against the Released Parties, and agree that neither I, nor anyone acting on my behalf, will make a claim or file a lawsuit of any kind against any one or more of the Released Parties, as a result of any injury, damage, death or other loss suffered by me or my child regardless of the negligence of any person, including but not limited to the negligence of any one or more of the Released Parties; (2) I hereby agree to defend and indemnify (“indemnify” meaning protect by reimbursement or payment) and hold each of the Released Parties harmless with respect to all losses, damages, expenses, claims, causes of action, or other liabilities (including attorneys’ fees and costs), whether known or unknown: (a) Brought by or on behalf of me, my child, or a family member, arising out of any injury, damage, death or other loss to me or my child in any way connected with my/my child’s enrollment or participation in activities at the Climbing Facility and/or at other locations, both indoor and outdoor, that are sponsored by or involve the Released Parties, use of the Climbing Facility’s climbing walls or other equipment or facilities, or my/my child’s presence on or about the Climbing Facility, regardless of the negligence of any person, including but not limited to the negligence of any one or more of the Released Parties; and/or, (b) Brought by a co-visitor or any other person, arising out of any injury, damage, death or other loss claimed to be caused, in whole or in part, by my/my child’s conduct in the course of participating in activities at the Climbing Facility and/or at other locations, both indoor and outdoor, that are sponsored by or involve the Released Parties, use of the Climbing Facility’s climbing walls or other equipment or facilities, or my/my child’s presence on or about the Climbing Facility, regardless of the negligence of any person, including but not limited to the negligence of any one or more of the Released Parties. This Release and Indemnity Agreement includes any losses claimed to be caused, in whole or in part, by the negligence of any one or more of the Released Parties and includes, but is not limited to, claims for personal injury, property damage, wrongful death, products liability, breach of contract or otherwise. MISCELLANEOUS. MISCELLANEOUS. I authorize Gritstone staff or any of the Released Parties to obtain or provide medical care for me without liability and to transport me to a medical facility. I authorize medical personnel to render such treatment they deem necessary for my health. I agree that the Released Parties have no responsibility for medical care provided to me and I agree to pay all costs associated with such medical care and transportation. I authorize Gritstone to use any photograph, video or other image of me taken inside the Climbing Facility or at any event sponsored by any of the Released Parties to be used in promotional materials, brochures, websites, television, films or such other uses that they deem appropriate and with no compensation to me. This Agreement shall not constitute an invitation to enter upon the Climbing Facility and I acknowledge that I have received only a limited license to enter upon the Climbing Facility as a licensee and solely for my own benefit, and the limited license may be amended or revoked at any time by Gritstone in its sole and absolute discretion. I affirm that this Agreement supersedes any and all previous oral or written promises or agreements, and I understand that this is the entire agreement between me and Gritstone and that it cannot be modified or changed by any representation or statement(s) by the Released Parties or any agent or employee thereof. This Agreement may only be amended by a written document duly executed by all parties. Any portion of this Agreement deemed unlawful or unenforceable shall not affect the enforceability of the remaining provisions of this Agreement and the remaining provisions shall continue in full force and effect. I agree that this Agreement and all other aspects of my relationship with the Released Parties are governed by West Virginia state law exclusive of its choice of law provisions. Further, any mediation, arbitration, lawsuit, or other proceeding (a “Dispute”) arising out of or relating to my enrollment or participation in Gritstone activities, must be filed or entered into only in Monongalia County, West Virginia and West Virginia law shall apply. I agree to attempt to settle any dispute (that cannot be settled by discussion) through mediation before a mutually acceptable mediator. VOLUNTARY I VOLUNTARILY WAIVE ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN ANY ACTION INVOLVING ANY ONE OR MORE OF THE RELEASED PARTIES OR THE CLIMBING FACILITY. I have carefully read, understand and voluntarily sign this Agreement and acknowledge that it shall be effective and binding upon myself and my family, my heirs, executors, personal representatives, estate, and my successors and assigns. If the below-named individual is under the age of 18 years: I am the parent or legal guardian of the above-named individual. I hereby agree to the provisions of the foregoing Agreement and specifically make, enter into, and join each and every acknowledgement, assumption, representation, waiver, release, indemnity (including but not limited to the indemnity set forth in the paragraphs numbered (1) and (2) under the “Release and Indemnity Agreement” heading of this Agreement) and every other agreement described in this Agreement on behalf of myself, and all others claiming through me and, to the extent permitted by law, the minor Visitor and every other parent or legal guardian of the minor and those claiming by or through the minor. I hereby represent that I have authority to execute this Agreement in such capacity, and I agree personally to indemnify, hold harmless and defend the Released Parties from and against any losses, damages, expenses, claims, causes of action, or other liabilities (including attorneys’ fees and costs), whether known or unknown, arising out of any lack of such authority. I acknowledge that I have carefully read, understand and voluntarily sign the foregoingAgreement. END OF WAIVER I VOLUNTARILY WAIVE ANY RIGHT I MAY HAVE (OR THAT THE MINOR MAY HAVE) TO A TRIAL BY JURY IN ANY ACTION INVOLVING ANY ONE OR MORE OF THE RELEASED PARTIES OR THE CLIMBING FACILITY. Today's Date: April 19, 2024 |
