WARNING: THIS RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, COVENANT NOT TO SUE AND HOLD HARMLESS AGREEMENT IS LEGALLY BINDING. PLEASE READ CAREFULLY BEFORE SIGNING. This Agreement must be signed by all visitors of SALT PUMP PORTSMOUTH, LLC, a New Hampshire limited liability company (“Salt Pump”). If the visitor is a minor, it must be signed by the minor’s parent, or legal (court appointed) guardian, who signs for themselves and, if allowed by law, the minor visitor. “Visitor” as used in this Agreement includes participants in Salt Pump activities and other persons that enter a Salt Pump facility or takes part in a Salt Pump activity. In consideration of the services of Salt Pump, I, an adult visitor or parent or legal guardian of a visitor who is a minor, acknowledge and have voluntarily agreed to execute this ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT (this "Agreement") and hereby agree to the following:
A. Activities. This Agreement applies to facilities operated by Salt Pump, including at 199 Constitution Ave., Portsmouth, NH 03801 (the “Facility”), other facilities that Salt Pump uses for its activities, and any outdoor or remote locations where Salt Pump is conducting activities. “Salt Pump Activities” include but are not limited to the following: the use of roped (top-rope, auto-belay and lead climbing) climbing walls, bouldering areas, weights and other training and fitness equipment, participation in activities or events including gear demonstrations, parties, clinics, yoga and other fitness classes, remote outdoor climbing, camps, and classes, travel to other activity sites, use of parking areas, the rental or borrowing or purchase of equipment from Salt Pump, and other activities and use of facilities and equipment at a Salt Pump facility or elsewhere.
B. Acknowledgment or Risk. I recognize and understand that there are risks, hazards, and danger in Salt Pump Activities. The risks, hazards, and dangers in Salt Pump Activities can include, but are not limited to: hazards in traveling to the location of an activity; parking and moving about parking and other areas in the vicinity of the Facility or other activity site; injuries arising from falling and striking objects or other people; being struck by falling objects or people; failure of or misuse of any part or all of the climbing structures, flooring systems, building, or slack line, rock rings, auto belays, or training and fitness apparatus; defective, worn, uneven, separated or additional flooring or pads; hazards created by additional pads; falling and failing to land on a pad; landing on a pad and nonetheless suffering an injury; falling and landing in a gap within or between pads or between pads and the wall; failure and/or breakage of climbing holds; failure of climbing hold anchoring systems and hardware; failure of anchoring systems, anchors and belay devices used to secure climbing anchors and ropes; falling because of improper use of ropes and safety equipment; injury resulting from lack of spotting, inadequate spotting or other spotting-related injury; injuries related to fitness training classes including without limitation yoga classes; the conduct, including negligent conduct of other visitors, participants, staff, volunteers, and third parties; harm due to exposure to weather, plants or wildlife, potential exposure to pathogens and communicable diseases; the aggravation of pre-existing conditions; risks identified by Salt Pump through rules and warnings, whether written, oral or otherwise; and other foreseeable and unforeseeable risks. I accept that these and other risks, hazards, and dangers are inherent in a visit to the Facility or other activity site – that is, they cannot be eliminated without changing the nature of the visit and participation in Salt Pump Activities. Participation in Salt Pump Activities is voluntary and visitors may withdraw from participation at any time.
C. Assumption of Risk. Understanding these risks, hazards, and dangers, and understanding that other risks will be encountered, I expressly accept and assume all risks associated with Salt Pump Activities. Inherent and otherwise, whether caused by or contributed to by negligent or other acts or omissions of Salt Pump, and whether or not described above. My participation is purely voluntary, and I elect to participate in these activities in spite of the risks, hazards, and dangers. If the visitor is a minor, I have explained the activities and risks to the minor, and the minor wishes to participate in Salt Pump Activities nevertheless.
D. Waiver, Release of Liability, and Indemnity. I, an adult visitor, or parent or guardian of a visitor who is a minor (for myself and, to the maximum extent allowed by law, on behalf of the minor) agree not to sue, and to release, discharge, indemnify, and hold harmless (that is, defend and pay, including costs and attorneys’ fees) Salt Pump, owners of the properties on which Salt Pump Activities are conducted, and their respective members, owners, officers, managers, directors, and staff (collectively, the “Released Parties”), and to waive any rights, with respect to any damages, claims, liability, or causes of action arising out of or relating to my or other minor child’s visit to the Facility, or other sites where Salt Pump Activities take place, the use of its facilities and equipment, and participation in Salt Pump Activities. The obligation to indemnify includes any claim, liability, or cause of action by third parties, including other visitors, and a member or my, or the minor visitor’s families, arising out of my, or the minor visitor’s visit to the Facility or other Salt Pump activity site and/or the use of its facilities and equipment and participation in Salt Pump Activities. This waiver, release and indemnity agreement includes without limitation claims arising out of or relating to the negligence or strict liability of a Released Party.
E. Other:
1. I, or the minor visitor, am capable of participating in Salt Pump Activities and have no mental, medical, or physical condition that would cause me or the minor visitor to be a danger to ourselves or others. I warrant that I have adequate insurance, or the financial ability to otherwise cover, the costs associated with any injury or damage I may suffer while participating in Salt Pump Activities.
2. I understand that I am responsible for assessing the quality of my, and the minor visitor’s, climbing or fitness gear brought to the gym or other activity site and declare that it is in good condition for use. I understand that Salt Pump is not liable for any lost or stolen equipment brought to the Facility or other Salt Pump Activity site.
3. I understand that in order to participate in Salt Pump Activities, I, for myself or for the minor visitor of whom I am a parent or legal guardian, must sign this Agreement; I or the minor, must complete whatever orientation, instructional programs or reviews Salt Pump requires for the particular activity; and I, or the minor, must read and abide by all of Salt Pump’s rules, warnings, and regulations. Salt Pump has no duty to monitor my visit to Salt Pump whether or not I participate in Salt Pump Activities.
4. I understand that Salt Pump’s use of orientations, guidelines, reviews, tests, and rules are for its purposes at minimizing the potential for unsafe actions by visitors, and in no manner a certification of visitor capability. It is the responsibility of every visitor to evaluate their own ability and capability to ensure their own safety and the safety of others around them. Instructional programs including clinics and other training sessions also do not result in certification, as Salt Pump is not a certifying agency of any sort.
5. In the event of an accident, I authorize Salt Pump to stabilize and obtain medical care, including transportation to a medical facility, for me or the minor visitor if, in the opinion of Salt Pump, medical care is needed and I am unable to make such decisions for myself. I agree to pay all costs associated with such actions on the part of Salt Pump, and to indemnify and hold Salt Pump harmless for any consequences resulting from such care.
6. Salt Pump is hereby authorized to take photos and video of me or the minor in connection with participation in Salt Pump activities and has my permission to use my, or the minor’s, name and likeness, without compensation, for marketing and other promotional purposes.
7. I understand that from time to time areas of the Facility may be darkened for events, yoga or any other reason Salt Pump sees fit. I understand and accept the risks of using the Facility under such circumstances. In addition, I agree to any physical adjustments made by yoga or other instructors during yoga or other classes unless I clearly state otherwise in writing. I accept any possibility of injury from the following: movements in class, the movements of others or adjustments made by yoga or other instructors.
8. I understand that indoor climbing is not the same as outdoor climbing and that additional skills and training are necessary for outdoor climbing that cannot be acquired indoors. I agree to seek qualified instruction before attempting to climb outdoors and hold harmless Salt Pump and other Released Parties (as defined above) for any outdoor or indoor climbing injuries I may incur.
9. I understand that this Agreement constitutes the entire agreement between Salt Pump and myself regarding the subject matter herein, and supersedes all prior agreements, and shall continue in effect and remain in force in perpetuity from the date it is executed, and covered my, or the minor visitor’s participation in all Salt Pump Activities including use of the any Salt Pump facilities, equipment, and parking areas. By applying my electronic signature to this agreement, I agree that my electronic signature is the legally binding equivalent of my handwritten signature on paper. I will not, at any future time, claim that my electronic signature is not legally binding or enforceable.
10. If all or any part of any provision herein is invalid, illegal, or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable. Any such modification shall not affect the validity of the remaining provisions of this Agreement.
11. This Agreement shall be construed in accordance with the laws of the State of New Hampshire (without regard to conflict of law provisions) and for any dispute, controversy, or claim of any kind arising out of or relating to this Agreement, including but not limited to acts of omissions of the parties, the breach, termination, enforcement, interpretation or validity of this Agreement or the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Portsmouth, New Hampshire before one arbitrator, mutually selected by the parties. The arbitration shall be administered by Judicial Arbitration Mediation Services pursuant to the Comprehensive Arbitration Rules and Procedures and under the laws of the State of New Hampshire. Judgment on the award may be entered in any court having jurisdiction thereof.
I HAVE CAREFULLY READ, UNDERSTAND, AND VOLUNTARILY SIGN THIS RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, COVENANT NOT TO SUE AND HOLD HARMLESS AGREEMENT. I intend for it to apply to the fullest extent allowed by law, and to be binding upon members of my, or the minor child’s, family, parents, and our respective heirs, beneficiaries, personal representatives, executors, administrators, successors and assigns.
Today's Date: May 9, 2024 |
