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Waiver & Release of Liability

Approach Climbing LLC

DBA “Apex Climbing Gym”

5505 Grape Road

Mishawaka, IN  46545  USA

info@apexclimbinggym.com

In consideration of being allowed access to the Facility, as herein defined, the undersigned acknowledges and agrees to the following as outlined in this Waiver & Release of Liability (“Release”). This Release is provided for you to read to understand and agree; once finalized, you will have to option to email the final document to yourself for later reading. Note that you must agree to all sections for the document to be finalized. If you do not agree, then you forgo entry to the Facility.


1. RELEASE

Summary: I agree to release Apex Climbing from liability for personal injury and even my death as well as damage to and loss of my personal property at any time I am at the Facility.

I Agree

Details: In consideration of being permitted to use the facility of Approach Climbing LLC doing business as Apex Climbing Gym at 5505 Grape Road, Mishawaka, IN 46545 USA (the “Facility”), and mindful of the significant risks involved with the activities incidental thereto, I, for myself, my heirs, my estate, and my personal representatives, do hereby release and discharge Approach Climbing LLC doing business as Apex Climbing Gym, its employees, members, directors, officers, agents, representatives, insurers, and/or assigns (hereinafter collectively referred to as “Apex Climbing”), from any and all liability for personal injury and/or my death, wrongful or otherwise, and damage to and/or loss of my personal property that may result from my use of the Facility, and I do hereby waive and relinquish any and all actions or causes of action for personal injury and/or my death, wrongful or otherwise, and damage to and/or loss of my personal property arising as a result of use of the Facility and equipment, and/or any activities incidental thereto, wherever and however such personal injury and/or my death, wrongful or otherwise, and damage to and/or loss of my personal property may occur, whether foreseen or unforeseen, and whenever such personal injury and/or death, wrongful or otherwise, and damage to and/or loss of my personal property may occur, from the date of this Release forward. I agree that under no circumstances will I, my heirs, my estate, and/or my personal representatives present any claim for personal injury and/or my death, wrongful or otherwise, or damage to and/or loss of my personal property against Apex Climbing.


2. INTENT

Summary: I agree that I am intentionally and voluntarily assuming all risks of injury and even my death as well as damage to and loss of my personal property associated with the use of the Facility.

I Agree

Details: It is the intention of the undersigned: (1) to exempt and relieve Apex Climbing from any and all liability for any and all personal injury and/or death, wrongful or otherwise, and/or damage to and/or loss of my personal property; (2) that this Release be in effect for use of the Facility on the date of this Release and for use of the Facility in the future; (3) that this Release shall be legally binding upon me, my heirs, my estate, my personal representatives, as well as upon any and all other persons authorized to act for me or on my behalf or on behalf of my heirs, my estate, or my personal representatives; (4) to indemnify and hold harmless Apex Climbing from any and all liabilities incident to my involvement and/or participation in the activities at the Facility.


3. LEGALLY BINDING

Summary: I agree that this document is legally binding.

I Agree

Details: This Waiver and Release of Liability may affect your legal rights while using the Facility or otherwise being on its premises. Except for emergency responders during an emergency, this Waiver and Release of Liability must be signed by all people entering the facility, either for themselves if 18 years of age or older or by a parent or legal guardian if under 18 years of age, in which case the parent or legal guardian agrees to these terms on their own behalf and on behalf of the minor for whom they are signing.

If any term, provision, and/or condition, or any part thereof, of this Release shall for any reason be found or held to be invalid and/or unenforceable by any court and/or governmental agency of competent jurisdiction, such invalidity and/or unenforceability shall not affect the remainder of such term, provision, and/or condition nor any other terms, provisions, or conditions in this Release, and this Release shall survive and be construed as if such invalid and/or unenforceable term, provision, and/or condition had not been contained therein.


4. RISKS

Summary: I agree that the activities I will partake of at Apex Climbing have risks.

I Agree

Details: I, the undersigned, understand that there are significant elements of risk inherent in the sport of rock climbing, including those activities that take place indoors, and that these risks cannot be completely eliminated. Accordingly, I understand that the sport of rock climbing, including indoor rock climbing, is inherently dangerous and cannot be made safe. In addition, I understand that these risks also pertain to related activities such as bouldering, weight training, team building, fitness training regimens, and use of equipment purchased or rented at the Facility. I understand those risks may include, but are not limited to, injuries and even death resulting from falls, equipment failure, entanglement, falling and/or dropped items, and/or the negligence of other climbers, participants, spotters, other users of the Facility, and/or even Apex Climbing. I understand that the above list is not inclusive of all possible risks associated with rock climbing or the activities incidental to the Facility.


5. MEDICAL AUTHORIZATION

Summary: If I am injured, I agree to necessary medical treatment.

I Agree

Details: I agree, on behalf of myself and on behalf of any minor child for whom I am responsible: (1) to authorize any medical treatment deemed necessary in the event of any injury and/or illness while participating in the use of the Facility; and (2) to pay all costs of any rescue and/or medical services as may be incurred on my/our behalf.


6. PROMOTIONAL AUTHORIZATION

Summary: I agree that Apex Climbing and others will be taking images, photographs, and video at the facility, and I consent for Apex Climbing to use images, photographs, and video containing me / my likeness for promotional purposes.

I Agree

Details: Apex Climbing will have security video running at all times that covers both inside the facility as well as immediately adjacent outside the facility. Apex Climbing and others including but not limited to other customers may take analog and/or digital images, photographs, and/or video of its facility, staff, and customers, inside and/or outside the facility. I agree, on behalf of myself and any minor child for whom I am responsible, that any such image, photograph, and/or video containing me/us and/or the likeness of me/us, as user(s) of the Facility, may become the property of Apex Climbing, and may be used for promotional and/or commercial purposes. I agree that no royalty, fee, or other compensation shall become payable to me/us by reason of any such use.


7. COMMUNICATIONS

Summary: I agree that Apex Climbing will communicate with me unless I opt out.

I Agree

Details: I authorize Apex Climbing to contact me and/or any minor child for whom I am responsible via telephone, e-mail, and/or standard mail with communications including but not limited to promotions, special events, and programs unless I have specifically opted out of such communications.


8. READ AGREEMENT

Summary: I have read this document and understand and agree with it.

I Agree

Details: I, the undersigned, acknowledge that I have carefully read this Release and fully understand its contents and that I fully agree with its terms and conditions. I understand that by signing this document I am knowingly and willingly giving up substantial rights. I sign this document freely and voluntarily without any inducement.


9. FACILITY RULES

I agree to the following Facility rules, which are subject to change without notice:

I Agree

1. Except emergency personnel during an emergency, every person entering the Facility must check in at the front desk upon arrival for each visit and have an up to date signed Waiver and Release of Liability on file.

2. Every person under 18 years of age entering the Facility must have this Waiver and Release of Liability signed by a parent or legal guardian.

3. Except emergency personnel during an emergency, every person requesting entry to the Facility must watch the Facility orientation video and be approved by Apex Climbing before using the Facility.

4. All participants must use equipment approved by Apex Climbing, and in a manner approved by Apex Climbing.

5. Apex Climbing is not responsible for any participant’s lost, stolen, and/or damaged personal property.

6. Apex Climbing is a smoke- and vape-free Facility. All participants agree to not use any product that produces smoke and/or fumes while in and/or at the Facility.

7. Foul language, horseplay, tumbling on landing surfaces, swinging on ropes, running, unruly conduct, and other such behaviors are not allowed.

8. All participants will not walk, run, stand, or climb underneath any other climber on the wall unless actively spotting the climber.

9. Food and drinks are allowed only in designated areas.

10. Apex Climbing has the right to suspend or terminate any Participant's membership or pass for violation of any Facility rules, or for any other conduct deemed by Apex Climbing to be inappropriate, disruptive, and/or dangerous. No refunds will be given for such suspension or termination.

11. There are no top out routes, and all participants agree to not try to top out any climb nor use in any capacity any part of the ceiling.

12. Children under the age of 14 must be accompanied by a parent or legal guardian at all times except when in a private lesson.

13. No loose chalk is allowed; chalk balls and/or liquid chalk only.

14. Only Apex Climbing staff setters and pre-approved volunteer setters are permitted to set boulder problems, access the equipment room, and use route setting equipment.

15. Apex Climbing reserves the right to approve or deny admission to the Facility.

16. The use of illegal drugs and/or alcohol is not permitted in the Facility. Anyone suspected to be under the influence of illegal drugs and/or alcohol will not be admitted to use the Facility.

17. All participants must comply with all Apex Climbing safety/policy requests.

18. All participants are responsible for asking for help if unsure of how to properly use any equipment.

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.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
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*

Relationship*

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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