This Agreement must be signed by all visitors of Session Climbing LLC, a California limited liability company (collectively referred to herein with Session Climbing's employees, owners, members, managers, officers, directors, agents, independent contractors, and assigns as “Session”). If the visitor is a minor, this Agreement must be signed by the minor's parent or legal (court appointed) guardian, who signs separate agreements for themselves and, if allowed by law, the minor visitor. “Visitor” as used in this Agreement includes participants in Session Activities (see below) and other persons that enter a Session facility or take part in a Session activity.
In consideration of the services of Session, I, an adult visitor or parent or legal guardian of a visitor who is a minor, acknowledge and agree as follows:
ACTIVITIES: This Agreement applies to facilities operated by Session, other facilities that Session uses for its activities, and any outdoor or remote locations where Session is conducting activities. Activities of Session (each, a “Session Activity” and collectively, “Session Activities”) include but are not limited to the following: the use of roped (top rope, auto-belay, and lead climbing) climbing walls, climbing on natural objects close to the ground without the protection of a rope and harness (i.e. bouldering), hiking through bouldering areas, weights and other training and fitness equipment, participation in activities or events including gear demonstrations, parties, clinics, training, yoga and other fitness classes, rock climbing, bouldering, and hiking in remote outdoor areas, camps and classes, travel to other activity sites, use of parking areas, the rental or borrowing or purchasing of equipment from Session, and other activities and use of facilities and equipment at a Session gym or elsewhere.
RISKS: I recognize and understand that there are risks, hazards, and danger in Session Activities, inherent and otherwise, and that participation could result in injuries of all kinds, including serious injury or death. The risks involved in Session Activities include, but are not limited to: hazards in traveling to the location of an activity; parking and moving about parking and other areas in the vicinity of the gym or other activity site; in falling, collision with objects, people or structures, falling onto uneven, worn or hard landing surfaces; being struck by other visitors or objects; loose, broken, or falling handholds or loose rock; equipment failure even if equipment is properly used; the conduct, including negligent conduct of other visitors, participants, staff, volunteers, and third parties; harm due to exposure to weather, plants or wildlife; potential exposure to pathogens and communicable diseases; the aggravation of pre-existing conditions; risks identified by Session through rules and warnings, whether written, oral or otherwise; and other foreseeable or unforeseeable risks. I accept that these and other risks are inherent in a visit to a Session facility or other activity site – that is, they cannot be eliminated without changing the nature of the visit and participation in Session Activities. Participation in Session Activities is voluntary and visitors may withdraw from participation at any time.
ASSUMPTION OF RISKS: UNDERSTANDING THESE RISKS AND DANGERS, AND UNDERSTANDING THAT OTHER RISKS WILL BE ENCOUNTERED, I EXPRESSLY ACCEPT AND ASSUME ALL RISKS ASSOCIATED WITH SESSION ACTIVITIES, AND ANY AND ALL RELATED ACTIVITIES, INHERENT AND OTHERWISE, WHETHER CAUSED BY OR CONTRIBUTED TO BY NEGLIGENT OR OTHER ACTS OR OMISSIONS OF SESSION, AND WHETHER OR NOT DESCRIBED ABOVE. MY PARTICIPATION IS PURELY VOLUNTARY, AND I ELECT TO PARTICIPATE IN THESE ACTIVITIES IN SPITE OF THE RISKS. IF THE VISITOR IS A MINOR, I HAVE EXPLAINED THE ACTIVITIES AND RISKS TO THE MINOR, AND THE MINOR NEVERTHELESS WISHES TO PARTICIPATE IN THE SESSION ACTIVITIES.
WAIVER, RELEASE OF LIABILITY, AND INDEMNITY: I, AN ADULT VISITOR, OR PARENT OR GUARDIAN OF A VISITOR WHO IS A MINOR (FOR MYSELF AND, TO THE MAXIMUM EXTENT ALLOWED BY LAW, ON BEHALF OF THE MINOR) HEREBY AGREE NOT TO SUE, AND TO RELEASE, DISCHARGE, INDEMNIFY, HOLD HARMLESS, DEFEND AND PAY (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) SESSION, LESSEES AND OWNERS OF THE PROPERTIES ON WHICH SESSION ACTIVITIES ARE CONDUCTED, AND THEIR RESPECTIVE MEMBERS, OWNERS, SHAREHOLDERS, OFFICERS, MANAGERS, DIRECTORS AND AGENTS (EACH, A “RELEASED PARTIES”), AND TO WAIVE ANY AND ALL RIGHTS, WITH RESPECT TO ANY DAMAGES, CLAIMS, LIABILITY, OR CAUSES OF ACTION ARISING FROM OR RELATING TO MY OR THE MINOR CHILD’S PARTICIPATION IN SESSION ACTIVITIES, MY OR THE MINOR CHILD’S VISIT TO SESSION’S FACILITIES, OR OTHER SITES WHERE SESSION ACTIVITIES TAKE PLACE, THE USE OF SESSION’S FACILITIES AND EQUIPMENT. THE INDEMNIFICATION OBLIGATIONS SET FORTH IN THIS AGREEMENT INCLUDES, WITHOUT LIMITATION, ANY CLAIM, LIABILITY, OR CAUSE OF ACTION BY THIRD PARTIES, INCLUDING OTHER VISITORS, AND A MEMBER OF MY, OR THE MINOR VISITOR’S FAMILIES, ARISING OUT OF OR RELATING TO MY, OR THE MINOR VISITOR’S VISIT TO THE GYMS OR OTHER SESSION ACTIVITY SITES AND/OR THE USE OF SESSION’S FACILITIES AND EQUIPMENT AND PARTICIPATION IN SESSION ACTIVITIES. THIS WAIVER, RELEASE, AND INDEMNITY AGREEMENT INCLUDE WITHOUT LIMITATION CLAIMS ARISING OUT OF OR RELATING TO THE NEGLIGENCE OR STRICT LIABILITY OF A RELEASED PARTY.
I understand that by signing this Agreement, I am waiving any and all claims, of any kind arising out of or attributable to participation in the Session Activities and any and all related activities, including those claims that may be unknown to me, or which I do not suspect to exist at this time. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
1. I, or the minor visitor, am capable of participating in Session Activities and have no mental, medical, or physical condition that would cause me or the minor visitor to be a danger to ourselves or others. I warrant that I have adequate insurance, or the financial ability to otherwise cover, the costs associated with any injury or damage I may suffer while participating in Session Activities.
2. I understand that I am responsible for assessing the quality of my, and the minor visitor’s, climbing or fitness gear brought to the gym or other activity site and declare that it is in good condition for use. I understand that Session is not liable for any lost or stolen equipment or personal items brought to any Session facility or other Session Activity sites.
3. I understand that in order to participate in Session Activities I, for myself or for the minor visitor of whom I am a parent or legal guardian, must sign this Agreement; I, or the minor, must complete whatever instructional programs or reviews Session requires for the particular activity; and I, or the minor, must read and abide by all of Session’s rules, warnings, and regulations. Session has no duty to monitor my visit to Session whether or not I participate in Session Activities.
4. I understand that Session’s use of guidelines, reviews, tests, and rules are for its purposes at minimizing the potential for unsafe actions by visitors, and in no manner a certification of visitor capability. It is the responsibility of every visitor to evaluate their own ability and capability to ensure their own safety and the safety of others around them. Instructional programs including clinics and other training sessions also do not result in certification, as Session is not a certifying agency of any sort.
5. In the event of an accident, I authorize Session to stabilize and obtain medical care, including transportation to a medical facility, for me or the minor visitor if, in the opinion of Session, medical care is needed and I am unable to make such decisions for myself. I agree to pay all costs associated with such actions on the part of Session, and to indemnify and hold Session harmless from any consequences resulting from such care.
6. Session is hereby authorized to take photos and video of me or the minor in connection with participation in Session Activities and has my permission to use my, or the minor’s, name and likeness, without compensation, for marketing and other promotional purposes.
7. If a party seeks either to enforce its rights under this Agreement or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred.
8. I understand that this Agreement constitutes the entire agreement between Session and myself regarding the subject matter herein, and supersedes all prior agreements, and shall continue in effect and remain in force in perpetuity from the date it is executed, and covers my, or the minor visitor’s, participation in all Session Activities including use of any of Session’s facilities, equipment, and parking areas.
9. If any provision or part-provision herein is invalid, illegal or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable. Any such modification shall not affect the validity of the remaining provisions of this Agreement.
10. This Agreement shall be construed in accordance with the laws of the State of California (without regard to conflict of law provisions).
11. For any dispute, controversy, or claim of any kind arising out of or relating to this Agreement, including but not limited to the acts or omissions of the parties, the breach, termination, enforcement, interpretation or validity of this Agreement or the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Santa Rosa, California, before one arbitrator (from JAM’s panel), mutually selected by the parties. The arbitration shall be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures and under the laws of the State of California. Judgment on the award may be entered in any court having jurisdiction thereof.
I HAVE CAREFULLY READ, UNDERSTAND, AND VOLUNTARILY SIGN THIS ACKNOWLEDGMENT AND ASSUMPTION OF RISKS, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT. I intend for it to apply to the fullest extent allowed by law, and to be binding upon members of my, or the minor child’s, family, parents, and our respective heirs, assigns, and administrators.