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ODYSSEY CLIMBING CO., LLC

Release of Liability and Assumption of Risk Agreement


THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY BEFORE DECIDING WHETHER TO SIGN.

In consideration of the use of the premises, facilities and services of Odyssey Climbing Co., LLC, a Wisconsin limited liability company (“OCC”), I, an adult visitor (18 years of age or older) or the parent or legally appointed guardian (“Parent”) of a visitor who is a minor (“Minor”), understand, acknowledge and agree as follows:

Facilities: OCC owns and operates a climbing gym in Ashwaubenon, Wisconsin (“Gym”) located at 686 Mike McCarthy Way (“Premises”). This Release of Liability and Assumption of Risk Agreement (this “Agreement”) applies to the activities in OCC’s Gym and the Premises, which includes but is not limited to the interior of the Gym and Premises and any outdoor space used by Parent or Minor during their visit to OCC.

Activities: I understand that the activities offered by OCC include the following: climbing on and rappelling from artificial indoor climbing walls; bouldering; the use of auto belays and manual belay systems; slacklining; independent and group exercising, including the use of exercise equipment; classes; programs; teams; competitions; and otherwise moving about the Premises and its outside perimeter (collectively, “Activities”). While an orientation may be provided for some Activities, and certain classes and programs may be attended by staff, visitors should not assume that they are being supervised or observed in their Activities (and may not be).

Risks: I understand that the Activities require moderate to heavy physical exertion and represent that neither I, nor the Minor (if applicable), has any mental or physical condition that might create risks to myself (or to the Minor), or to others. I understand that the Activities are dangerous and that visitors will be exposed to risks including, among others, the following: (1) slips, falls or collisions while using the facilities, rock climbing walls, floors, landing areas, entrances and exits, and any other facilities or equipment; (2) misuse of equipment (including, importantly, failure to properly clip into and operate the auto belays) and facilities; (3) failure of equipment, including but not limited to worn or defective safety equipment; (4) my, or the Minor’s, physical strength, coordination, sense of balance or ability to give or follow directions when climbing, belaying, using an auto belay or otherwise participating in Activities; (5) entanglements with ropes or equipment; (6) bad decision making by me or the Minor, including, if I am an adult visitor or Parent, while assisting the Minor in Activities; (7) the negligent acts or omissions of other persons, including staff, which might include inadequate or faulty instructions; (8) falling climbers or dropped ropes, climbing hardware, wall components, or other items or personal effects; (9) use of or failure to use the free protective headgear offered by OCC for my, or the Minor’s, use (collectively, “Risks”). These Risks and others are inherent to OCC, its Activities and Premises; they cannot be eliminated without destroying the basic nature of a visit to OCC and participation in its Activities.

Assumption of Risks: I understand that by the nature of the Activities, and that by participating in the Activities, I may be exposing myself to the Risks described above, and others, inherent or not, which may result in all manner of trauma including breaks, sprains, abrasions, serious injury and even death that may be because of any of the following: (1) negligence of OCC, its owners, members, managers, directors, officers, volunteers, or employees (the “Released Parties”); (2) my own actions or inactions; or (3) actions or inactions of any other individuals at the Gym or Premises. I acknowledge and assume all Risks, inherent and otherwise, whether or not described above, and all responsibility for losses, costs, and damages I may incur as a result of my participation in the Activities, caused or alleged to be caused in whole or in part by any of the following: (1) negligence of the Released Parties; (2) my own actions or inactions; or (3) actions or inactions of any other individuals at the Gym or Premises. This agreement of assumption of risk includes loss or damage caused or claimed to be caused in whole or in part by the negligence, but not the intentional wrongs or recklessness, of a Released Party. I will carefully read and comply with the guidelines and warnings and instructional signage of OCC. If the visitor is a Minor, I, Parent, have discussed the guidelines, Activities and Risks with the Minor who understands them and wishes to participate with knowledge of the Risks.

Release and Indemnity: I, for myself and/or on behalf of the Minor, agree to release and discharge and not to sue the Released Parties with respect to any claim, liability, demand, loss, or damages that I, or the Minor, may suffer related in any way to my, or the Minor’s, participation in the Activities and related activities, caused or alleged to be caused in whole or in part by any of the following: (1) negligence of the Released Parties; (2) my own actions or inactions; or (3) actions or inactions of any other individuals at the Gym or Premises. I, for myself and/or on behalf of the Minor, agree to defend, indemnify, and hold harmless (that is, to defend and pay or reimburse damages and costs, including attorneys’ fees) the Released Parties from any loss, liability, damage, or cost that the Released Parties may incur if, despite this Agreement, I, or the Minor, or anyone on my or the Minor’s behalf, makes a claim against the Released Parties related in any way to my or the Minor’s activities related to the Activities. The foregoing agreements of release and indemnity include loss or damage caused or claimed to be caused in whole or in part by the negligence, but not the intentional wrongs or recklessness, of a Released Party.

 

Other:

In the event I or the Minor suffer any injury (of any kind, however minor) while at the Gym or Premises, I agree to notify an employee of OCC immediately.

I hereby give OCC my permission and consent to take photographs, video, and other images of me or the Minor without compensation.

The terms of this Agreement and any dispute between a Released Party and myself, or a Minor or Parent, related to this Agreement or otherwise, will be governed by the substantive laws (not including laws which might apply the laws of another jurisdiction) of the State of Wisconsin. Any suit or mediation of the dispute will take place solely in Brown County, Wisconsin. I consent to the jurisdiction of such courts, for myself or on behalf of the Minor.

This Agreement is intended to be binding, to the fullest extent of the law, on all persons signing below, the Minor, if any, and their respective successors, heirs, executors, administrators and family members. It may not be altered without the written agreement of both myself, for myself or on behalf of the Minor, and OCC. If any part of this document is deemed by a court of competent jurisdiction to be unenforceable the remainder shall nevertheless be in full force and effect.

This Agreement will govern visits to the Gym and Premises on the date on which it is signed and thereafter until it is withdrawn or replaced by a subsequent agreement which will apply to visits thereafter.

This is not a take-it-or-leave-it offer. The terms of this Agreement, including the agreements of release and indemnity, are subject to negotiation, which may include enlargement of fees or other financial obligations for myself, or the Minor or Parent. I acknowledge and agree that I may request and negotiate particular changes to this Agreement in order to allocate the Risks.

I have read and consent/agree to the terms and conditions herein, on behalf of myself or said Minor (if applicable), and I understand that I, or the Minor, has given up substantial rights by signing this Agreement, and has signed this Agreement freely and without any inducement or assurance of any nature.

WARNING: A person who falsifies his or her signature below or misrepresents the capacity (for example, as being at least 18 years old or as being the Parent) in which they sign will be considered a FORGER and in addition to other civil and criminal penalties will be deemed to have agreed to indemnify the Released Parties from and against any claim of loss asserted by or on behalf of a person whose visit to the Gym or Premises was facilitated by that forgery.

I HAVE READ THIS AGREEMENT AND UNDERSTAND AND ACCEPT ITS TERMS. I UNDERSTAND THAT I HAVE THE RIGHT TO REQUEST DIFFERENT TERMS, BUT BY SIGNING THIS AGREEMENT, I WAIVE THIS RIGHT AND AGREE TO THE TERMS CONTAINED IN THIS AGREEMENT.

 

Today's Date: November 21, 2024

First Participant's Name

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

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

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

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

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

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

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

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

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

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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

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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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