PARTICIPANT ASSUMES ALL RISKS
In consideration of Dick’s Sporting Goods, Inc. (“Dick’s”) furnishing a climbing wall and/or equipment to enable me to participate in indoor wall climbing, I agree and acknowledge the following:
1. The climbing wall is designed to provide a physical and mental challenge to an active participant.
2. The individual participant climbs the wall largely based on his or her own stamina and strength.
3. I fully understand and acknowledge that:
a. inherent risks, dangers, and hazards exist in rock wall climbing, rappelling, and use of the climbing wall and associated equipment;
b. my participation in rock wall climbing, rappelling, and/or use of associated equipment may result in injury or illness including, but not limited to, bodily injury, disease, public exposure to viruses, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability;
c. these risks, injuries, and dangers may be caused by the alleged negligence, recklessness, or gross negligence of the employees, officers, or agents of Dick’s and/or other rock wall climbing participants, as well as the potential failure of the equipment;
d. I am responsible for following all posted rules and/or instructions;
e. I am voluntarily participating in rock wall climbing, rappelling, and/or use of equipment with full knowledge of the potential risks of injury and/or death and hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the alleged negligence, recklessness, or gross negligence or other conduct of agents, officers, or employees of Dick’s or by any other person.
f. I authorize Dick’s to secure any and all emergency medical treatment for me in the event I am unresponsive or incapacitated. I also agree to pay all the costs and fees for any emergency medical care and treatment for me as secured or authorized under this consent.
I, on behalf of myself, my personal representatives and my heirs, hereby voluntarily agree to release, waive, forever discharge, hold harmless, defend and indemnify Dick’s, its owners, agents, officers, employees, and insurers from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my participation in rock wall climbing, rappelling, and/or use of any equipment. I specifically understand that I am forever releasing, discharging and waiving any claims or actions that I may have presently or in the future for the alleged negligent, reckless, and gross negligent acts and/or other conduct by the owners, agents, officers or employees of Dick’s.
FOR PARTICIPANTS OF MINORITY AGE
I, as parent/guardian with legal responsibility for the child/ward, have read and explained the provisions in this Agreement to my child/ward, including the risks of rock wall climbing, rappelling, and use of equipment, and his/her responsibility to adhere to all rules and instructions. I represent that my child/ward understands and accepts these risks and responsibilities. I, for myself, my spouse, my heirs, and child/ward do release, agree not to sue, indemnify and hold harmless Dick’s for any and all claims, actions, and/or liabilities arising from or in any way relating to my child’s/ward’s participation in rock wall climbing, rappelling, and/or use of equipment EVEN IF ARISING FROM THE NEGLIGENCE, RECKLESSNESS, OR GROSS NEGLIGENCE of Dick’s.
I HAVE READ THE ABOVE WAIVER AND RELEASE AND BY SIGNING IT, AGREE IT IS MY INTENTION TO ASSUME THE RISK OF INJURY AND RELIEVE DICK’S, ITS AGENTS, EMPLOYEES, AND RELATED ENTITIES FROM ALL MANNER OF LIABILITY INCLUDING LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY ANY ACTUAL OR ALLEGED NEGLIGENCE, RECKLESSNESS, GROSS NEGLIGENCE, INTENTIONAL ACT OR OMISSION, FRAUD, MISREPRESENTATION, OR ANY OTHER CAUSE. I UNDERSTAND AND AGREE THAT THIS IS A COMPLETE RELEASE AND DISCHARGE OF ALL CLAIMS AND RIGHTS I AND/OR MY CHILD/WARD MAY HAVE AGAINST DICK’S AND THAT NO ACTION WILL BE TAKEN BY OR ON BEHALF OF ME OR MY CHILD/WARD WITH RESPECT TO ANY SUCH RIGHTS. I UNDERSTAND THAT THIS RELEASE SHALL BE BINDING UPON MY HEIRS, EXECUTORS, SUCCESSORS, AND ASSIGNS.
I hereby grant Dick’s, its affiliates, subsidiaries, successors, assigns and licensees (“Dick’s”) the absolute right and permission to use my name, address, image, likeness, voice, and opinions obtained during the any activity that I engage in (collectively, the “Materials”) in any and all media, including but not limited to film, photograph, video record and otherwise record, for digital and social media, advertising and/or promotional purposes, in any aspect of my attendance or participation at House of Sport, or to refrain from doing so. This right shall extend worldwide, in perpetuity, for all advertising and/or promotional purposes without notice to me and without any compensation. I agree that all photographs, videotape, film and recordings (including but not limited to digital video recordings) of me used and taken by Dick’s during any activities are owned by Dick’s and that they may contain copyright material. If I should receive any print, negative or other copy thereof, I shall not authorize its use by anyone else. I understand that I shall have no right of approval, no claim to any compensation, and no claim arising out of the use, alteration, distortion, or illusionary effect or use in any composite form of the Materials.
Today's date: December 6, 2023