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ON THE EDGE ROCK CLIMBING GYM, INC

 

The Edge Rock Climbing Melbourne.

THIS IS A LEGALLY BINDING AGREEMENT. Read it carefully before signing, and consult with an attorney if you are uncertain about its terms. Alterations are not permitted. This Agreement must be read and signed by all participants 14 years of age and older. If the participant is a minor (under 18), it must be signed also by the child’s natural guardian (defined by pertinent Florida law as the child’s mother or father, by birth or adoption, or, if the parents are divorced, the parent to whom custody is awarded). The natural guardian signs for himself or herself and on behalf of the child. Minors presenting this form bearing the signature of a natural guardian may be required to prove the authenticity of the signature. A minor who signs this agreement does so to reflect his or her understanding of the activities and their risks.

 

In consideration of being allowed to participate, participant and, if participant is a minor, natural guardian, acknowledge and agree as follows:

 

1. Activities and Risks:

Climbing on artificial climbing walls, and related activities (including, but not limited to, bouldering, challenge type activities and fitness or exercise classes) exposes participants to numerous risks which might result in physical and emotional injury, death or property loss or damage. These risks include, among others, the following: falling, to the floor or pads; falling or swinging into the climbing wall and other structures and objects; being struck by falling climbers, hardware, tools, broken or dropped holds and other objects; entanglement in ropes; abrasions and/other injuries from contact with climbing walls, ropes, holds, loose holds, dropped holds, broken holds, pads, or the floor. Climbing and belaying equipment and structures may malfunction, be defective, or fail; and absorbing materials, including pads, below the wall may not prevent all injuries from falls. Participants may participate out of control or beyond their limits or otherwise act in a negligent or intentional manner which contributes to the injury or death of themselves or another participant. Staff, visitors, belayers and other persons present may act negligently or engage in other wrongful conduct. On The Edge Rock Climbing Gym, Inc. may fail to warn participants or the natural guardians of certain inherent risks. These risks are inherent in a participant’s enrollment and climbing and related activities and they cannot be eliminated without altering the nature of the experience. Other risks may be encountered. If I am the natural guardian of a minor participant, I have explained the risks and possible outcomes to the child. I, and the child, understand them and we both choose for the child to participate nevertheless. My, or the child’s, participation is voluntary.

2.Assumption of Risks:

I, participant or, if the participant is a minor, natural guardian, for myself and on behalf of the child, to the maximum extent allowed by law, understand, acknowledge and assume any and all risks of On The Edge Rock Climbing Gym, Inc. activities and the use of its facilities and equipment, inherent or not, and whether or not described in this document.

3. Release and Indemnity (Adult participant):

 

I, an adult participant, hereby release and covenant not to sue On The Edge Rock Climbing Gym, Inc., its owners, successors, affiliates, employees and agents (hereinafter each a “Released Party”, or collectively “Released Parties”), with respect to liability for any personal injury, including death, property loss or damage, and all other claims, demands or causes of action which accrue to me, which are in any way related to my enrollment or participation in an activity of On The Edge Rock Climbing Gym, Inc. or the use of its facilities or equipment. In addition, I agree to protect, defend, hold harmless and indemnify (including the payment of reasonable attorneys fees, costs and insurance deductibles) Released Parties and each of them with respect to any claim of loss suffered or caused by me, by whomever it may be brought, which relates in any way to my enrollment in an activity of On The Edge Rock Climbing Gym, Inc. or the use of its facilities or equipment. These agreements of release and indemnity include claims of negligent (including, to the extent allowed by law, grossly negligent) acts or omissions of a Released Party, but not intentionally wrongful conduct.

 

4. Release and Indemnity (Natural guardian for himself or herself and on behalf of a minor participant):

As the natural guardian of the minor participant I, for myself and on behalf of my minor child, hereby release and covenant not to sue On The Edge Rock Climbing Gym, Inc., its owners, successors, affiliates, employees and agents (hereinafter each a “Released Party”, or collectively “Released Parties”), with respect to liability for any personal injury, including death, property loss or damage, and any and all other claims, demands or causes of action which accrue to me or to my child which are in any way related to the child’s enrollment or participation in an activity of On The Edge Rock Climbing Gym, Inc. or the use of its facilities or equipment. The claims which I hereby release for myself include claims of negligent (including, to the extent allowed by law, grossly negligent) acts or omissions of a Released Party, but not intentionally wrongful conduct. The claims which I release on behalf of my child are those which accrue to the child resulting from an inherent risk of the child’s enrollment or participation in an activity of On The Edge Rock Climbing Gym, Inc. or the use of its facilities or equipment. (IMPORTANT: for purposes of this Release by the natural guardian on behalf of the minor child “inherent risk” is defined by pertinent Florida law as those dangers or conditions, known or unknown, which are characteristic of, intrinsic to, or an integral part of the activity and which are not eliminated even if the activity provider acts with due care in a reasonable manner. The term includes, among other acts or omissions, the failure of the activity provider to warn the natural guardian or child of an inherent risk, and the negligent or intentional acts of the child or another participant which may contribute to the injury or death of the minor participant. “Participant” for purposes of this Release, DOES NOT include On The Edge Rock Climbing Gym, Inc. its owners, successors, affiliates, employees and agents.) In addition, I agree to protect, defend, hold harmless and indemnify (including the payment of reasonable attorneys fees, costs and insurance deductibles) Released Parties and each of them, with respect to any claim of loss suffered or caused by the child, by whomever it may be brought, in any way related to my minor childs enrollment in an activity of On The Edge Rock Climbing Gym, Inc. or the use of its facilities or equipment. This agreement of indemnity include claims of negligent (including, to the extent allowed by law, grossly negligent) acts or omissions of a Released Party, but not intentionally wrongful conduct.

 

5. Other:

a. I, an adult participant or natural guardian, agree that if any part of this Agreement is held by a court oflaw to be unenforceable, the remainder shall survive. It is my intent to comply fully with Florida law, including with respect to a natural guardian’s authority to release certain claims on behalf of his or her child or ward. The venue of any legal action arising out of, concerning or involving this document, or a claim of any sort against a Released Party will be Brevard County, Florida. I agree also that the laws of the State of Florida (not including the laws which might apply of another jurisdiction) will be applied to an interpretation of this Agreement and any dispute which arises between me, or the child, and a Released Party.

b.I agree further that this agreement will remain in full force and effect, and apply to subsequent visits to On The Edge Rock Climbing Gym, Inc. by me, or the minor child, until revoked in writing, with notice to the other party. Future participation and use of On The Edge Rock Climbing Gym, Inc. is evidence of my or the child’s, continuing agreement with the terms of this document.

c.I understand that photographs and video recordings which include me or the child may be taken at On The Edge Rock Climbing Gym’s facilities. I agree that On The Edge Rock Climbing Gym, Inc. may use my or the child’s likeness in any and all of its publications and advertisements without payment or any other consideration.

d.On The Edge Rock Climbing Gym wants to provide a fun environment for all participants and spectators. I, and the child,understand and agree that On The Edge Rock Climbing Gym, Inc. reserves the right to deny or revoke access to anyone for any act deemed inappropriate.

e.I, or the child and I, have read, understand and agree to obey the posted Safety Rules which are printed and available at On The Edge Rock Climbing Gym, Inc. and its website.

f. Waiver of Claims and Liability related to Coronavirus and Agreement I know that indoor and outdoor climbing and fitness gym usage is a close contact sport that heightens the risk of exposure to coronavirus. I know that I could be exposed to coronavirus at On The Edge Rock Climbing Gym Inc . (Hereby referred to as “The Edge Climbing & Fitness”) and could become ill after such exposure. I agree that The Edge Climbing & Fitness has taken reasonable precautions to prevent my exposure to coronavirus and that no amount of care or caution by The Edge Climbing & Fitness can eliminate the risk that I am exposed to coronavirus or develop illness. I agree that there is no way to determine if any illness I may get is the fault of or caused by The Edge Climbing & Fitness, and I waive any claim I may make that The Edge Climbing & Fitness caused any illness I may develop. I voluntarily agree of my own free will to be at The Edge Climbing & Fitness and participate in activities at The Edge Climbing & Fitness. I assume any risk of infection and covenant not to sue The Edge Climbing & Fitness; and if I do sue, it is a breach of this agreement which is legally enforceable.

 

I represent that I have complete and absolute authority to bind, contract for and legally act on behalf of myself and the minor participant, and understand and agree that RELEASED PARTIES rely to their detriment upon this representation and would not allow the minor child to participate without this representation. I have had sufficient opportunity to read and understand this document and intend for it to be binding on me, the minor child who is a participant, and members of my, and the child’s, respective families, estates and personal representatives.Natural Guardian(s) must sign below for the minor child to participate and agree that they and the minor child are subject to all the terms of this document, as set forth above.

 

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*
Check to receive information, news, and discounts by e-mail.
A signed copy of this waiver will be sent to the email address you provide.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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