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Team-Redpoint LLC DBA Vertical Rock Tysons

1-855-VA-CLIMB

www.climb-va.com

 

"Building A Community Passionate For Climbing"


Participant Acknowledgment and Assumption of

Risks, Release of Liability, Waiver of Claims, and Indemnification Agreement


Notice: By signing this document you may be waiving certain legal rights, including the right to sue and a trial by jury.


I ("Participant") agree that this Acknowledgement and Assumption of Risks, Release of Liability, Waiver of Claims and Indemnification Agreement ("Participant Agreement") is a binding agreement that I have carefully reviewed and agree to execute for the consideration of Team-Redpoint, LLC (doing business as "Vertical Rock Tysons") permitting me to use its Bouldering Wall (“Bouldering Wall”) and access its Facility located at 8461D Street, Leesburg Pike, Tysons, VA 22182 ("Facility") and/or participate in Vertical Rock Tyson's Bouldering/Indoor Climbing (“Bouldering”), Fitness, Competitions, Youth Teams, Basecamp Coffee Roasters, Café and Other Activities and any other class, camp and program sponsored, promoted, or provided by or involving Vertical Rock Tysons (collectively, referred to as the "Activities") in any capacity. Bouldering is a sport involving participants who climb on indoor, artificial climbing walls without a harness, rope or any other kind of artificial support.

1. Acknowledgement, Understanding and Appreciation of Risks. I certify and represent to Vertical Rock Tysons and the Released Parties that I personally know, understand, appreciate and acknowledge that using the Bouldering Wall, and/or participating in the Activities involves certain inherent risks, including, but not limited to, the risk of death and serious personal injury. I have been given the opportunity to view the Activities in advance and ask questions and I have a full and complete understanding of the nature of each of the risks, including, but not limited to, the risk of falling, equipment failure or malfunction, and the possibility of injury from another participant. I understand that I may elect to participate in the Activities without an instructor, after watching the mandatory Vertical Rock Tyson’s Bouldering Safety Video, and specifically accept all risks of participating in the Activities without an instructor or other Vertical Rock Tyson’s staff member. 

2. Assumption of the Risk. I hereby freely agree to assume and accept all risks of injury, whether they are known or unknown, arising out of my use of the Bouldering Wall, Facility and participation in the Activities. I recognize and acknowledge that using common sense, bouldering with a partner, and training can reduce risks. I understand that use of the Bouldering Wall, Facility and participation in the Activities may involve risk of personal injury (e.g., injured ankles, knees, etc.) to myself and to others as well as damage to my personal property and the property of others. By my participation in the Activities, which I acknowledge has been explained to me in detail, I certify that I am physically and medically able to participate and have consulted with my doctor and received their consent to my participation in such Activities.  

3. Release and Waiver of Claims. In consideration of Vertical Rock Tysons permitting me to use the Bouldering Wall, access its Facility, and/or participate in the Activities, I, for myself, and my personal representative(s), heirs and next of kin, to the fullest extent permitted by law, agree as follows. I expressly agree to waive all claims that I may have or may have against, and agree to fully release and completely discharge, Vertical Rock Tysons and all of its employees, agents, partners, directors, shareholders, partners, board members, officers, independent contractors, subcontractors, sponsors, successors, representatives and assigns, landlord as well as all other persons, or entities that may own, operate, maintain, or manage the Facility and/or be involved in the Activities including, but not limited to: Team-Redpoint, LLC; Redpoint Development, LLC; Vertical Rock, Inc.; Vertical Rock Outdoor School, LLC; Basecamp Coffee Roasters, LLC; Basecamp Coffee, LLC; Kite Reality Group, RPAI Vienna Tysons, LLC and any and all other persons or entities that might have any liability whatsoever to me (collectively, the "Released Parties"), from and against any and all damages, actions, claims and/or liabilities, whether known or unknown, anticipated or unanticipated, suspected or unsuspected, relating to or arising from any activity, occurrence or event involving the Released Parties, the Facility, or Activities to the maximum extent permitted by law. 

4. Negligence. This Participant Agreement is intended to release and discharge the Released Parties from all damages, actions, claims and liabilities of any nature whatsoever, specifically including, but not limited to: damages, actions, claims, judgments and liabilities arising from, or related to, the negligence or gross negligence of the Released Parties to the maximum extent permitted by law. 

5. Indemnity. I agree to indemnify, save and hold harmless and defend Vertical Rock Tysons and the Released Parties from any injury (physical or otherwise, including death), loss, liability, damage or cost, including attorney's fees that may occur due to my use of the Bouldering Wall, Facility, or participation in the Activities. I also agree to indemnify and pay all legal costs and expenses incurred by Vertical Rock Tysons, and the Released Parties, if it is determined that I caused my own injuries, or that I caused someone else’s injuries to the maximum extent permitted by law. 

6. Helmet. I understand that wearing a helmet is recommended by Vertical Rock Tysons. If I choose not to wear a helmet, I do so against Vertical Rock Tysons's advice. I agree to assume all risks of personal injury and/or death that may occur as a result of not wearing a helmet.

7. Rules. I will read and abide by all of the Vertical Rock Tyson’s Participant and Observer Notices and General Rules (“Rules”) posted at the Facility, on the Vertical Rock Website(s) (www.climb-va.com, www.boulder-va.com, www.basecampcoffee.com), and/or otherwise communicated to me. I understand that the Rules are subject to update and modification. A copy of the current Rules is attached to this Participant Agreement. It is the responsibility of the Participant to monitor the Rules posted at the Facility and/or on the Vertical Rock Tyson’s Website(s) listed in this paragraph for any updates and/or modifications.

8. Severability. The invalidity or unenforceability of any term or condition of this Agreement or any part or portion hereof shall not affect the validity or enforceability of any of the other terms or conditions hereof of any other parts thereof, all of which shall remain in full force and effect.

9. I grant permission to Vertical Rock Tysons and any affiliate, subsidiary and assign companies to retain and use my likeness in whatever form including, but not limited to images, photographs, videos, security camera(s) (e.g., video tapes, recordings, etc.) and/or quotes in any advertising and promotional materials without any compensation or prior notice to me whatsoever. Promotional material includes, but are not limited to: news releases, videos, publications, interviews, displays, banners, blogs, podcasts, newsletters, advertisements, brochures and any website and social media content, and other type of electronic/digital and audio use. All proprietary rights to the aforementioned likeness and media belong exclusively to Vertical Rock Tysons and any affiliate, subsidiary or assigned companies. 

10. I HEREBY VOLUNTARILY WAIVE ANY RIGHT THAT I MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR LITIGATION INVOLVING VERTICAL ROCK TYSONS AND ANY RELEASED PARTY.

11. THIS PARTICIPANT AGREEMENT IS A BINDING LEGAL AGREEMENT THAT I HAVE CAREFULLY READ BEFORE SIGNING. 

12. I understand that I may be screened at the time of arrival with a temperature check and required to wash my hands while participating in certain activities. I understand that I may be required to wear a face covering in the facility and while participating in the Activities. I will follow all posted rules and procedures for managing COVID-19. 





Vertical Rock Tysons 

 Participant and Observer Notices and General Rules

 

Notices

1. All participants and observers must check in with the front desk upon entering the Facility and before proceeding to the Bouldering Wall or participating in any Activity.

2. All participants and observers must complete and turn in a Participant Acknowledgment and Assumption ofRisks, Release of Liability, Waiver of Claims and Indemnification Agreement.

3. Bouldering is an inherently dangerous sport and can be physically demanding. Participants should be healthy enough for moderate physical activity and cleared by their doctor in advance of Bouldering or participating in any other Activity.

4. All participants must watch the mandatory Vertical Rock Tyson’s Bouldering Safety Video and execute the following acknowledgement. 

I have watched the Vertical Rock Tyson’s Bouldering Safety Video. I have asked, and had answered, all questions that I have about the video, Vertical Rock Tyson’s Safety Procedures, and Bouldering by a Vertical Rock staff member. [Initials]

General Rules

1.Participants agree to have a spotter with them while climbing whenever possible. (This technique is explained in our Vertical Rock “Bouldering Safety Video” and the “Learn to Boulder Class” and depicted in the graphic below.)

2.Participants must empty their pockets and secure any loose items that may fall out while climbing. (Examples: cell phones, pens, coins, keys, knives, cameras, etc.) 

3. Participant agrees to down climb routes as close to the padded floor as possible to exit a climb. Participant understands that jumping off a climb has a much higher risk of injury than downclimbing. 

4. All participants and observers must act responsibly and respectfully at all times. 

5. All participants and observers must immediately report loose holds, worn out holds, or out of place landing pads, and anything else you believe to be unsafe in the climbing area to a Staff Member. 

6.Vertical Rock Tysons is not responsible for lost or stolen items.

7. No food or liquids (except water) are permitted on the matted floors.

8. No climbing or standing under another boulderer.

9. Do not climb on a route that intersects another boulderer.

10. Observers must stay off the padded floors. Boulders not actively climbing/spotting shall remain conscientious to ensure that where they are sitting or standing will not impede the landing/fall zones of other boulderers on the bouldering wall.

11. No swinging or jumping from the Bouldering Wall is permitted.

12. Vertical Rock Tysons advises participants and observers to wear a helmet. Participants and observers not wearing a helmet do so at their own risk.

13. Only Vertical Rock Tyson’s designated employees, or designated contractors, are permitted to teach safety skills/techniques, adjust ropes, anchors, hand/footholds, padded flooring, climbing routes and climbing apparatuses.

14. Please do not place or store bags/backpacks, clothing, water bottles, or any other items on the padded floor. 

15. Backflips, front flips, cartwheels or any other type of gymnastic activities are prohibited. 

*Spotting- A spotter is someone that helps a boulderer land on their feet if they come off the wall during a climb in an uncontrolled or awkward manner. A spotter can reduce the potential for injury and assist boulders achieve a more suitable landing. A spotter’s job is not to catch a falling boulderer, but rather redirect them to the ground.

Text, whiteboard

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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*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Questionnaire
How Did You Hear About Us?*

If You Selected Other, Please Explain.
Have You Ever Climbed Before?*
No
Yes
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:*
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Parent or Guardian's Driver's License / ID Card

Driver's License / ID Card Number*

Issuing State*
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*

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.


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