Loading...

RELEASE OF LIABILITY AND ASSUMPTION OF RISK

In consideration of the services of Stronghold Climbing LLC (doing business as the Stronghold Climbing Gym) its members, owners, officers, employees, agents, volunteers, participants, and all other persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as "the Stronghold"), I hereby agree to release and discharge the Stronghold, on behalf of myself, my children, my parents, my heirs, my assigns, my personal representatives, and my estate as follows:

1. ACKNOWLEDGEMENT AND ASSUMPTION OF RISK

A. I hereby acknowledge, accept and agree that THE SPORT OF ROCK CLIMBING (BOTH INDOOR AND OUTDOOR) AND THE USE OF THE STRONGHOLD'S FACILITIES, PARTICIPATION IN THE STRONGHOLD'S ACTIVITIES, AND/OR OBSERVATION OF SUCH ACTIVITIES ARE DANGEROUS AND INVOLVE RISKS. I acknowledge that both my climbing and non­climbing related activities and use of any of the Stronghold’s services or facilities – either at its 650 S. Ave 21, Los Angeles location, or at any other locations at which it might do business in the future, or at any off­site location – entails significant risks, both known and unknown, which could result in physical or emotional injury, paralysis, death, or damage to myself (or to the minor on whose behalf I am signing this waiver in the case that I am signing as parent or guardian), to property, or to third parties. Such risks include but are not limited to:

(a) falling off of the climbing walls and (i) hitting the floor, (ii) hitting the structural elements of the building, (iii) hitting other obstacles or projections, (iv) hitting people, (v) hitting the climbing walls, (vi) hitting climbing holds, (vii) hitting climbing ropes, etc.;

(b) equipment failure;

(c) falling climbers;

(d) broken and/or falling holds;

(e) loose holds;

(f) negligence of belayers, other participants, third parties, and the Stronghold.

I further acknowledge that the above list does not identify all of the risks associated with rock climbing or using the Stronghold's facilities and in no way limits the extent or reach of this agreement.

B. I acknowledge also that THERE ARE CERTAIN DANGERS ASSOCIATED WITH ACTIVITIES AT THE STRONGHOLD OTHER THAN CLIMBING, including but not limited to the use of exercise equipment, or participation in group exercise classes, including but not limited to yoga classes.

C. I EXPRESSLY AGREE AND PROMISE TO ACCEPT AND ASSUME ALL OF THE RISKS EXISTING IN THESE ACTIVITIES, both known and unknown, whether caused or alleged to be caused by the ordinary (but not gross) negligent acts or omissions of the Stronghold. My participation is purely voluntary, and I elect to participate in spite of the risks.


2. RELEASE AND INDEMNIFICATION

A. I HEREBY VOLUNTARILY RELEASE, FOREVER DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS THE STRONGHOLD from any and all claims, demands, or causes of action, which are in any way connected with my participation (or that of the minor on whose behalf I am signing this waiver in the case that I am signing as parent or guardian) in these activities or my (or the minor's) use of the Stronghold's equipment or facilities, including any such claims which I, my children, my parents, my heirs, my assigns, my personal representatives, or my estate have or may have that allege ordinary negligent acts or omissions of the Stronghold. I UNDERSTAND THAT THIS RELEASE INCLUDES ALL CLAIMS AGAINST THE STRONGHOLD ARISING FROM ANY ALLEGED ORDINARY NEGLIGENCE, BUT DOES NOT INCLUDE CLAIMS BASED IN GROSS NEGLIGENCE.

B. I am aware of and specifically waive the provisions of California Civil Code Section 1714, which provides in pertinent part that: “[e]veryone is responsible, not only for 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 the management of his or her property or person…”

C. Should the Stronghold or anyone acting on its behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

D. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the activities, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical condition which could interfere with my safety while participating in these activities, or else I am willing to assume, and bear the costs of, all risks that may be created, directly or indirectly, by any such condition.


3. GOVERNING LAW, JURISDICTION, WAIVER OF JURY TRIAL, AND SEVERABILITY

A. I agree that the validity and enforceability of this Release of Liability and Assumption of Risk will be governed by the substantive law of California, without regard to its conflict of law rules.

B. In the event that I file a lawsuit against the Stronghold, I agree to do so in the county of Los Angeles, State of California.

C. I agree that if any portion of this Release Waiver is held to be invalid, void, or unenforceable, the remaining portions shall nonetheless remain in full force and effect.


By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in these activities, I may be found by a court of law to have waived my rights to maintain a lawsuit against the Stronghold for any claim that I released by signing this document.

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.

Today's date: July 26, 2024

First Participant's Name

First Name*

Middle Name

Last Name*

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle 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*

Confirm Email*
Check to receive our monthly newsletter and other gym updates by email.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION(Must be completed for participants under the age of 18): I represent that I am the parent or legal guardian of the above­named minor participant ("Minor"), and in consideration of the Stronghold permitting Minor to participate in its activities and to use its equipment and facilities, I further agree to release, indemnify and hold harmless the Stronghold from any and all Claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.


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*

Middle 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.


One or more problems exist. Please scroll up.




Powered by  Smartwaiver - TRY IT FREE! and  Rock Gym Pro