Please read this document carefully. This document must be signed by an adult of at least eighteen years of age. I, the undersigned individual, desire to use Mad Rock facilities and/or to participate in other activities at other, non-Mad Rock facilities, both indoor and outdoor, that are sponsored by or involve Mad Rock, including off-site competitions and online programs. In consideration of Mad Rock permitting me to use such facilities and/or permitting me to participate in or observe activities, I have agreed to execute this Release of Liability, Assumption of Risk, Indemnification, and Participation Agreement (the "Release"). I HEREBY ACKNOWLEDGE AND AGREE TO THE FOLLOWING: 1. ASSUMPTION AND ACKNOWLEDGEMENT OF RISK: I hereby acknowledge, accept, and agree that the sport of climbing (both indoor and outdoor) and related fitness activities (e.g., yoga, aerial silks, weightlifting) and the use of Mad Rock facilities, participation in Mad Rock activities (including outdoor and online), and/or observation of such activities involves inherent risks. I have received full information regarding Mad Rock facilities and activities and have had the opportunity to ask any questions that I wished. I understand that no amount of care, caution, instruction, or expertise can eliminate the inherent dangers associated with these and other activities. I have examined the climbing walls and areas of activity and participation and have full knowledge of the nature and extent of all the risks associated with climbing and the use of Mad Rock facilities and participation in Mad Rock activities, including, but not limited to: a. all manner of injury resulting from falling off the climbing walls and hitting the floor, the climbing walls, rock faces, people or projections, whether permanently or temporarily in place; b. all manner of injury resulting from participation in athletic and fitness activities, both those that arise at a Mad Rock facility or those that arise while participating in offsite Mad Rock-led activities, for example, online fitness classes; c. all manner of injury or illness resulting from participation in activities that require my sharing common spaces and touch points with other individuals, such as climbing areas, holds, ropes, and safety flooring; d. rope abrasion, entanglement and other injuries resulting from activities on or near the climbing walls, such as, but not limited to, climbing, belaying, rappelling, lowering on ropes, rescue systems, and any other rope techniques; e. injuries resulting from the actions or omissions of others, including but not limited to, falling climbers or dropped items, such as, but not limited to, ropes, climbing hardware, wall parts, or personal effects; f. cuts and abrasions resulting from skin contact with the climbing walls or any other surface; g. failure or misuse of ropes, slings, harnesses, climbing holds, anchor points, other climbing equipment, or any part of the climbing walls; h. failure to follow Mad Rock employee instruction or failure to ask for information or assistance. I further acknowledge that the above list is not inclusive of all possible risks associated with the use of Mad Rock facilities and climbing and in no way limits the extent or reach of this assumption of risk, release of liability, and indemnification. I understand that no amount of care, caution, instruction or expertise can eliminate the inherent dangers associated with these and other activities. I confirm that I am physically and mentally capable of participating in the use of Mad Rock facilities and all Mad Rock activities. I understand that if my mental or physical condition changes after the execution of this Release such that I am not capable of participating in the activity or using the equipment, I am obligated to cease participation in the activity or activities immediately. In order to avoid any illness, serious injury, or death, Mad Rock has advised that I consult a physician before beginning an exercise program, or engaging in strenuous physical activities, or diet/nutrition alternations. I acknowledge that there are certain dangers associated with the use of or participation in activities at Mad Rock other than climbing-related equipment or activities, including, but not limited to, the use of exercise equipment or participation in group exercise classes, including, but not limited to, yoga classes. I acknowledge and accept that there are certain unavoidable risks that accompany my choice and decision to enter and remain in public spaces - both enclosed and outdoors - for any length of time; and the unavoidable risks that accompany my presence near other individuals, including the choices and actions those others may or may not make with regards to personal hygiene and health. I understand that no amount of sanitizing, cleaning, or precaution can fully mitigate the risk of harm or damage, including death, caused by or resulting from any virus, bacterium, or microorganism that induces or is capable of inducing physical distress, illness, or disease. I understand that climbing at Mad Rock facilities on artificial climbing walls is not the same as outdoor rock climbing or on other artificial rock surfaces. I understand that the instruction I may receive from Mad Rock or at Mad Rock facilities is not necessarily applicable to real or other artificial rock climbing. I understand that the instruction I receive at Mad Rock facilities does not prepare me to climb without supervision. I further understand that the holds used on artificial climbing surfaces are a convenience; they are not a safety feature, and they can and do break and drop. I am aware of the safety policy recommending the use of a protective helmet that could prevent permanent brain damage or other injury in the event of an accident. I understand that wearing a helmet does not eliminate the dangers associated with rock climbing but that in certain instances a helmet can reduce the risk of permanent injury or death. I am also aware it is my responsibility to provide and use a protective helmet according to manufacture specifications. I understand that Mad Rock recommends that I wear a helmet and that if I choose not to wear a helmet I do so against their advice. I AGREE TO ASSUME ALL RISK OF INJURY AND/OR DEATH THAT MAY OCCUR AS A RESULT OF MY NOT WEARING A HELMET. I understand that climbing gear and other equipment could become damaged or defective. I am capable of examining and assessing and am responsible for my own equipment that I use. If damage occurs to equipment belonging to Mad Rock while I am using it or I otherwise become aware of damaged Mad Rock equipment, I will bring it to the immediate attention of the Mad Rock staff in charge at a given facility so that they can evaluate the equipment.
2. RELEASE AND INDEMNIFICATION: I agree to accept and assume all of the risks existing in these activities and facilities, both known and unknown, either caused or alleged to be caused by the negligent acts or omissions of Mad Rock and others. My participation is purely voluntary, and I elect to participate in spite of the risks. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Nelson's Sports, dba “Mad Rock”; its subsidiaries, officers, owners, affiliates, agents, and employees; the landlord of any Mad Rock facility, if any; the designers and engineers, manufacturers, installers or distributors of Mad Rock’s artificial climbing walls and other equipment; and any of their respective members, officers, directors, employees, agents, representatives, as well as any other persons, corporations, or other entities that might have any liability to me (collectively, the “Released Parties”), from and against any and all damages, actions, claims, suits, demand actions, and liabilities, whether known or unknown, anticipated, suspected or unsuspected, now or any time in the future, in any way relating to or arising from any activity, occurrence or event, whether supervised or not, including, without limitation, all claims for property damage, personal injuries, or wrongful death involving Mad Rock, Mad Rock facilities, or any of the Released Parties, including claims that allege negligent acts or omissions with the exception of gross negligence, or intentional, willful, or wanton misconduct. Mad Rock facilities contain a number of cameras, photographic and video, including webcams, and I consent to the use of such devices to capture my image and likeness. I understand that during the use of any facility, webcams and cameras may record my activities. Mad Rock reserves the right to use a climber’s likeness or image as well as any video or photographs recorded by the cameras, webcams, or other devices. I hereby grant Mad Rock, its affiliated entities, and their licensees the right to use my likeness or image and any and all video recorded by the cameras and webcams for any purpose. Climbers are permitted to take personal photos at the facility. Anything beyond reasonable use of photographic equipment by a participant for personal, non-commercial purposes shall require the express consent of Mad Rock management. I understand and agree that Mad Rock and its personnel reserve the right to deny access to its facilities to any individual, permanently or for any specified period of time, for any breach of Mad Rock’s policies, rules and regulations, or for any conduct that is viewed as unhealthy, unsafe, or inappropriate. I understand and agree to submit to health screenings Mad Rock may conduct in its sole discretion prior to allowing me to participate in activities or enter Mad Rock facilities. I further agree to abide by decisions and conclusions Mad Rock in its sole discretion may make based on those screenings as it relates to my presence at Mad Rock facilities and participation in Mad Rock activities. I also understand and agree to Mad Rock making communications to satisfy local public health mandates, directives, and recommendations as they relate to contract tracing. I further understand and agree that I am solely responsible for my personal property while it is at any Mad Rock facility or event; Mad Rock and its personnel assume no responsibility for any lost or stolen personal property. I also understand and agree that it is my responsibility to keep all personal property under observation or secured. If I become the victim of a theft, I will report it immediately to Mad Rock personnel. Should Mad Rock or anyone acting on its behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. I am aware of and specifically waive the provisions of California Civil Code Section 1542, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” I am aware of and specifically waive the provisions of California Civil Code Section 1714, which provides in pertinent part as follows: “Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person…”
3. COVID-19 POLICIES AND PROTOCOLS: I also acknowledge, accept, and agree that Mad Rock facilities and activities currently operate with additional requirements stemming from the on-going COVID-19 pandemic; and that I agree to abide by and follow these requirements, which may be changed at the sole discretion of Mad Rock based on the shifting and evolving circumstances of the pandemic. These requirements include, but are not limited to, the following: I agree that I and all guests must undergo a health screening prior to entry to a Mad Rock facility conducted by Mad Rock staff, which may include a health and contact questionnaire and body temperature check. I further agree to accept the conclusions and decisions reached by Mad Rock staff and follow the instructions given by Mad Rock staff and management for entry to a facility based on the health screening. I agree to the Check-In and Check-Out procedures located at specific stations designated for that function, or if necessary, at the front desk, to log my presence in and out of my session (if reserved) and the facility. I affirm I will comply with Mad Rock's hygiene protocols (which may be amended as the Covid-19 pandemic evolves) while on-site, including, but not limited to, the following: maintaining a minimum distance of six (6) feet from other individuals; properly wearing (over nose and mouth) a face covering when, where, and how Mad Rock instructs and requires; complying with signage posted throughout the facility, which includes closures of certain areas of the facility; washing hands (with soap and water; or hand sanitizer) as needed; using liquid chalk prior to touching climbing holds and climbing walls; and cleaning surfaces and common equipment after my use of it. I will accept the conclusions and decisions reached by Mad Rock staff; and follow the instructions given by Mad Rock staff and management for remaining at a facility based on my ability to comply with Mad Rock and government-mandated health and hygiene protocols. I understand and will comply to the best of my ability with the following recommendations: arrive at a facility already dressed appropriately for physical activity; minimize the number of belongings I bring into a facility; keep my belongings in a single location within a facility; and use a facility when it has less traffic. I consent to and will help to the best of my abilities any contact tracing and communications Mad Rock may undertake in light of contact tracing, particularly in accordance with local public health officials, guidance, and mandates.
4. GOVERNING LAW, JURISDICTION, WAIVER OF JURY TRIAL, ARBITRATION, AND SEVERABILITY: This Release shall be governed by California law, without regard to its conflict of law rules, including its validity and enforceability, and construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I VOLUNTARILY WAIVE ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN ANY ACTION INVOLVING ANY RELEASED PARTY. I agree that if any portion of this Release is held to be invalid, void, or unenforceable, the remaining portions shall nonetheless remain in full force and effect. FURTHERMORE, I agree that any controversy, dispute, or claim I have arising out of, in connection with, or in relation to any Released Party or this Release shall be submitted for resolution through final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures in the County of Los Angeles, California. Any Court of competent jurisdiction may enforce these arbitration provisions, and judgment on the award may be entered in any court having jurisdiction. The parties submit to the jurisdiction of the Superior Court of California, County of Los Angeles, California, for purposes of confirming any such award and entering judgment. In the award, the arbitrator may allocate all or part of the costs of the arbitration, including the arbitrator's fees, and the reasonable attorney's fees of the prevailing party. This agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and assigns, in the event of my death. By signing this agreement, I waive the right to bring a court action to recover compensation or obtain any other remedy for any injury to my property or myself, or for my death, however caused, arising out of my use of Mad Rock facilities, now or any time in the future, whether caused by Mad Rock’s negligence or that of its officers, agents or employees. I agree to pay for all legal fees accumulated by Mad Rock, incurred by any claims made by me or on my behalf.
TO BE SIGNED BY THE PARTICIPANT: I am at least 18 years of age and otherwise legally competent to sign this agreement. This Release of Liability, Assumption of Risk, Indemnification, and Participation Agreement shall be effective and binding upon me and upon my assigns, heirs, representatives, executors and administrators. My participation in activities at Mad Rock facilities or affiliated events is purely voluntary, and I elect to participate in spite of the risks. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions that could interfere with my safety, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition. I have had sufficient opportunity to read this entire document. I have had the opportunity to ask questions about this document. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in activities at Mad Rock facilities or involving Mad Rock, I may be found by a court of law to have waived my right to maintain a lawsuit against Mad Rock or any of the other Released Parties on the basis of any claim from which I have released them herein. I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS AND IMPLICATIONS. November 10, 2024
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