Rock Spot Climbing Group, Inc., and its subsidiaries, affiliates, and franchises (collectively “RSC”), operate and manage rock climbing: (1) facilities (the “Facilities”) that are herein defined to include gyms, indoor and outdoor rock climbing walls, and all types of related equipment; and (2) activities (the “Activities”) that are herein defined to include top rope climbing, bouldering, lead climbing, use of auto belays, outdoor climbing expeditions (including transportation and overnights), ice climbing, yoga, use of weights and cardio equipment, programs, events, training, instruction, clinics, classes, teams, camps, competitions, and other activities. RSC welcomes participants (“Participants”) of all ages and abilities who, as a condition to use the Facilities and participate in the Activities, follow the safety rules and instructions that are posted at RSC’s Facilities and on RSC’s website or directed by RSC staff and who sign this Waiver and Release. Please read carefully and consult your legal counsel for clarification. By signing this Waiver and Release, Participants will be expressly assuming the risk and legal liability and waiving and generally releasing all claims for injuries, damages, or loss sustained by use of the Facilities or participation in the Activities. Warning of Risk I, the Participant who signs this Waiver and Release, am responsible for determining if I am physically fit and skilled to use the Facilities and participate in the Activities. In particular, I understand that it is always advisable, especially if I am pregnant, suffer from a medical condition, take medication, smoke or vape, have a family history of coronary disease, or have recently suffered an illness, injury, or impairment, to consult a physician before engaging in any physical activity, such as use of the Facilities or participation in the Activities. I hereby represent and warrant that I have no mental or physical limitation or condition that limits, impairs, or precludes my participation in the Activities. Assumption of Risk Use of the Facilities and participation in the Activities involve certain inherent risks, including the risk of death or serious personal injury and damage to property or other loss. I recognize the risks inherent in my use of the Facilities and participation in the Activities and assume all risks of personal injury and damage to property, as well as any other risks, at any location and at any time, whether or not under the supervision of RSC staff. The inherent risks of the Activities shall include, but are not limited to: (a) misuse of the climbing walls, equipment, and/or Facilities; (b) deciding to climb and climbing beyond the bounds of one’s ability and/or experience level; (c) falls and abrupt and possibly harmful contact with persons, structures and objects (fixed and moveable), including climbing walls, volumes, holds, ropes, equipment (including dropped equipment during route setting or otherwise), flooring (including breaks or seams in flooring even if not open and obvious) and other surfaces; (d) failure of the Facilities, climbing walls, holds, harnesses, auto belays, and/or other equipment; (e) crossing, climbing, or climbing down; (f) limitations on personal physical coordination, capacity, sense of balance, decision making, and ability to follow or give or understand directions either as a “climber” or “belayer;” (g) mental or physical health problems of Participant and others; (h) transmission of infectious disease, whether related to COVID-19, or other pandemics, epidemics, disease outbreaks, public health emergencies, or otherwise; (i) lack of training and conditioning; and (i) carelessness, inattention, and/or misjudgments, including negligence (active or passive), of Participant, other users of the Facilities, and/or RSC’s staff, by improperly belaying, improperly tying in to the harness, improperly using or attaching to an auto belay, failing to sufficiently supervise, and/or otherwise failing to follow proper procedures, instructions, and operating policies. Authorization of Medical Treatment In the event of any emergency, I authorize RSC to obtain any medical treatment deemed necessary for my immediate care. I will be responsible for payment of any medical services provided. Permission of Images I also grant permission to RSC to take images of me, including photographs and videos, and make recordings of my voice, without compensation, and I authorize RSC, in perpetuity, to use, display, and reproduce such images and recordings, with or without my name, in any media for RSC’s promotional purposes. I also grant RSC the right to create derivative works of these images and recordings in any media and acknowledge that RSC owns all rights, including copyright, to such images and recordings. Compliance with Rules I will comply with all RSC rules and regulations regarding the use of the Facilities and participation in the Activities, whether posted at any gym or on the website or provided by RSC staff verbally or in writing, and I will comply with any directions from RSC staff. I understand that RSC may amend the rules and regulations from time to time, and I will comply with all such changes. Proper Use I will use the Facilities exclusively for their intended purposes and will not: (1) abuse or damage any of the Facilities; (2) use any Facility for any unlawful purpose; or (3) act in a way that would (a) expose any of the RSC Group to any liability for injury or damage to person or property or (b) result in a violation of any federal, state, or local law. Waiver I WAIVE ALL CLAIMS that I have or may have against the RSC Group and/or its landlords arising out of the risks (inherent or otherwise) of participating in the Activities and/or using the Facilities and/or equipment. Release I RELEASE AND FOREVER DISCHARGE RSC, its successors and assigns, and all of their respective past, present, and future officers, directors, managers, owners, employees, agents, and contractors, and their respective heirs and legal representatives (together and collectively, the “RSC Group”), from all liability for any loss, damage, injury, or expense forming the basis for a claim and/or cause of action that I may suffer, arising out of and/or resulting from my participation in the Activities and/or use of the Facilities or equipment, including any and all claims and/or causes of action arising from the alleged and/or proven negligence (active or passive) of the RSC Group and/or its landlords. I hereby waive the protections of any law whose purpose, substance, or effect is to provide that a general release shall not extend to Claims which the person giving the release does not know or suspect to exist at the time of signing a release. Covenant Not to Sue I will not bring or maintain any Claim or legal action at law or in equity against any of the RSC Group. If I breach this covenant, I understand that I will be responsible for all costs and expenses (including attorneys’ fees and costs) incurred by the RSC Group in defending against such Claims. Indemnification I will indemnify, defend, and hold harmless the RSC Group from and against any Claim, and any damages, loss, recovery, or other liability arising from any Claim (including attorneys’ fees and costs), incurred by any of the RSC Group in connection with my use of the Facilities or participation in the Activities. Governing Law This Waiver and Release shall be interpreted and enforced in accordance with the laws of the state where I used the Facilities or participated in the Activities and shall be as broad and inclusive as permitted by such laws. In the event of any litigation, I consent to the exclusive jurisdiction of such state. If any provision of this Waiver and Release is held invalid, the remainder shall continue in full force and legal effect. I voluntarily waive any right that I may have to trial by jury in any such litigation. Notice to Massachusetts Participants RSC does not operate a “health club” as defined by Massachusetts General Law Chapter 93. However, to the extent that any equipment or Activities at any RSC Facility operating in Massachusetts are deemed to be those found at a health club, the use of said equipment and/or participation in such Activities shall be excluded from the applicability of the Release contained herein, and all other terms and conditions shall remain binding on said Participant. Binding & Continuing Contract I have carefully read and fully understand this Waiver and Release, and I am aware that it is a release of liability and a binding and enforceable contract between myself and RSC. I represent that I am at least eighteen years of age or that I am signing on behalf of a minor as a parent or legal guardian. By my signature, I voluntarily agree to the terms and conditions of this Waiver and Release on my own behalf, on behalf of any minor, and on behalf of my, his, her, or their heirs and legal representatives. This Waiver and Release shall remain in effect from the date it is signed and shall apply to and be reaffirmed by my each and every use of the Facilities or participation in the Activities. |
