VERTICAL VENTURES PARTICIPANT AGREEMENT, RELEASE, ACKNOWLEDGEMENT OF RISK, AND WAIVER OF LIABILITY 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. 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. SPECIAL NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT EVEN IF PROJECT HOLDINGS SOUTH, LLC AND 118 SOUTH, LLC, THEIR OWNERS, SUCCESSORS, AFFILIATES, EMPLOYEES AND AGENTS (IDENTIFIED AS “RELEASED PARTIES,” BELOW) USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM A RELEASED PARTY IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND RELEASED PARTIES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. 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: Using fitness equipment, 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. Fitness equipment may also malfunction. 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. Project Holdings South, LLC and 118 South, LLC (hereafter referred to collectively as “Vertical Ventures”) may fail to warn participants or the natural guardians of certain inherent risks. These risks are inherent in a participant’s enrollment and exercise, fitness, 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 Vertical Ventures’ 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): In consideration of the acceptance of my participation in the use of Vertical Ventures’ facilities and equipment, I AGREE TO ASSUME THE RISKS incidental to such participation including, but not limited to, those risks set forth in Paragraph 1 above, and, on my own behalf, RELEASE and forever discharge the Released Parties defined below, of and from all liabilities, claims, actions, damages, costs or expenses of any nature, arising out of or in any way connected with my participation in the use of Vertical Ventures’ facilities and equipment, and further agree to indemnify and hold each of the Released Parties harmless against any and all such liabilities, claims, actions, damages, costs or expenses, including, but not limited to, attorney’s fees and disbursements. The Released Parties are Project Holdings South, LLC and 118 South, LLC, and their owners, officers, directors, successors, affiliates, employees and agents (hereinafter each a “Released Party”, or collectively “Released Parties”). I understand that this release and indemnity agreement includes any claims based on the negligence, actions or inaction of any of the above Released Parties and covers bodily injury and property damage, whether suffered by me before, during, or after such participation. 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, and in consideration of the acceptance of my minor child’s participation in the use of Vertical Venture’s facilities and equipment, I AGREE TO ASSUME THE RISKS incidental to such participation including, but not limited to, those risks set forth in Paragraph 1 above, and, on my own behalf, on behalf of my minor child, and on behalf of my minor child’s executors and administrators, RELEASE and forever discharge the Released Parties defined below, of and from all liabilities, claims, actions, damages, costs or expenses of any nature, arising out of or in any way connected with my minor child’s participation in the use of Vertical Ventures’ facilities and equipment, and further agree to indemnify and hold each of the Released Parties harmless against any and all such liabilities, claims, actions, damages, costs or expenses, including, but not limited to, attorney’s fees and disbursements. The Released Parties are Project Holdings South, LLC and 118 South, LLC, and their owners, officers, directors, successors, affiliates, employees and agents. I understand that this release and indemnity agreement includes any claims based on the negligence, actions or inaction of any of the above Released Parties and covers bodily injury and property damage, whether suffered by my minor child before, during, or after such participation. I further authorize medical treatment for said minor child, at my cost, if the need arises. 5. Covid Risks I understand that although VV has put in place preventative measures to reduce the risk of spread of COVID-19, VV cannot guarantee that I will not become infected with COVID-19. Further, visiting VV could increase my risk of being exposed to and contracting COVID-19. ASSUMPTION OF COVID-19 RISK I understand that by reserving a session and visiting VV I am assuming the risk that I, or my family, may be exposed to or infected by COVID-19, and that such exposure or infection may result in personal injury, illness, permanent disability, and even death. I understand that the risk of becoming exposed to or infected by COVID-19 during a visit to VV may result from the actions, omissions, or negligence of myself and others, including, but not limited to, VV employees, contractors, and owners or other climbers. I understand that I am voluntarily agreeingg to assume all the foregoing risks and accept sole responsibility for any injury to myself (including but not limited to illness, disability, and death), loss, liability, or expense, of any kind, that I may experience or incur in connection with my visit to VV. RELEASE AND WAIVER To the greatest extent permitted by law, on my behalf, and on behalf of my family in attendance with me, I hereby release, covenant not to sue, and hold harmless VV it's employees, contractors, and owners, of and from any and all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating to the risks described above with respect to COVID-19, whether a COVID-19 infection occurs before, during, or after any visit to VV. 6. Other a. I, an adult participant or natural guardian, agree that if any part of this Agreement is held by a court of law 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 Hillsborough 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 the facilities of either Project Holdings South, LLC or 118 South, LLC by me, or the minor child, until revoked in writing, with notice to the other party. Future participation and use of Project Holdings South, LLC or 118 South, LLC’s facilities 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 Project Holdings South, LLC or 118 South, LLC. I agree that Project Holdings South, LLC or 118 South, LLC may use my or the child’s likeness in any and all of its publications and advertisements without payment or any other consideration. d. Vertical Ventures wants to provide a fun environment for all participants and spectators. I, and the child, understand and agree that Vertical Ventures 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 Project Holdings South, LLC, 118 South, LLC and the Vertical Ventures website. I, or the child and I, have either watched the safety video available on the Vertical Ventures website or had a safety tour of the Vertical Venture’s facility before I used it. f. I, or the child and I, agree that this waiver will be in effect until it is either cancelled or modified by written agreement. 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. 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. I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS. Date: April 19, 2024 |
