ASSUMPTION OF RISKS, RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT
PLEASE READ CAREFULLY BEFORE SIGNING. THIS DOCUMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS. I, the above-identified participant, desire to use the GraniteWorks Gym climbing wall, facilities, and equipment located at 310 Marlboro St. Suite #123 Keene, NH 03431 (the “Facility”) and participate in instruction and programs (collectively, the “Programs”), which are provided by, sponsored by, or involving GraniteWorks Gym. In consideration of GraniteWorks Gym permitting me to use the Facility or permitting me to participate in the Programs or both, I hereby agree to be bound by the terms of this Assumption of Risks, Release of Liability, and Indemnification Agreement (this “Release”). GraniteWorks Climbing & Movement, LLC operates inside and outside the facility doing business under the registered trade name “GraniteWorks Gym.” DESCRIPTION OF RISKS AND ACKNOWLEDGMENTS: I for myself, and, if applicable, as the undersigned parent or legal guardian for my child(ren), understand and acknowledge that there are inherent and other risks in the sport of indoor or outdoor climbing and related activities. These risks which I assume include, but are not limited to dangers associated with bouldering, rock climbing, use of belay and other rope systems, falling rock, ice and other materials, climbing on surfaces other than rock, scrambling, and hiking on natural, manmade or any other surface, avalanches, landslides and other natural and unnatural events, all which may be impacted by weather, human actions and judgment, as well as outside anticipated or unanticipated factors. The “inherent risks” includes all causes of harm which are related to or incidental to use of the Facility or the Programs, or are normal or natural to that activity. I acknowledge that the risks of harm to me cannot be eliminated. Being mindful of these risks, and in consideration for being allowed to use the Facility or participate in the Programs or both, I agree to the terms of this Agreement, and the following terms: 1. I acknowledge that some of the inherent and other risks of use of the Facility for climbing and participation in the Programs include, but are not limited to, all manner of injury resulting from my falling off or from the wall or climbing sites, hitting the floor, ground, or wall faces and features; entanglement and any other injuries resulting from activities on or near the wall, including but not limited to, climbing, equipment, climbing walls or flooring system used in the activity may break, fail or malfunction, despite reasonable maintenance and use; equipment used in activities may inflict injuries even when used as intended; GraniteWorks Gym employees, agents, or guides may misjudge circumstances or an individual’s capabilities; acts of other participants; injuries resulting from personal physical and mental limits including but not limited to fatigue, chill, heat, and dizziness, which may diminish reaction time and increase risks of accident and the ability to follow or give directions while climbing, lifting, spotting, or being a spectator; being hit by falling persons, equipment or debris; or falling onto another person, ledge or other protrusion; getting dirt or other materials in the eyes; or cuts, bruises, muscle and tendon strain, twisted or sprained ankles, paralysis, concussions, and even death. I also acknowledge that there are inherent and other risks associated with the use of or participation in other than climbing-related equipment or activities, including but not limited to risks associated with the use of exercise equipment or participation in group exercise classes, cycling, yoga, weight lifting and other sporting, recreational or educational activities. These are some, but not all, of the risks involved in using the Facility or participation in the Programs or both. A complete listing of inherent and other risks is not possible and there are risks which cannot be anticipated. I understand there are numerous risks associated with participation in climbing activities, both indoor and outdoor, use of the Facility, and the participation in the Programs and that no amount of care, caution, instruction or expertise can eliminate the dangers associated with these and other activities. Many, but not all, of these risks are inherent in using the Facility, climbing and other related activities. 2. I understand that gear and equipment could become damaged or defective. I confirm that I am capable of examining and assessing the gear and equipment that I use and that I am solely responsible for inspecting and assessing the quantity and quality of my own gear, or gear which I borrow from GraniteWorks Gym, or any other source. If damage occurs to equipment belonging to GraniteWorks Gym or any other equipment while I am using it, I will bring it to the attention GraniteWorks Gym staff and refuse to participate until the issue is corrected to my satisfaction. 3. I am satisfied as to the information I have received regarding the Facility and the Programs and have had the opportunity to ask any questions that I wished and received thorough answers to my questions. If I see or hear anything that I feel is questionable or dangerous, it is my responsibility to ask or inform GraniteWorks Gym employees until corrected or satisfactorily answered. Also, I understand that I share the responsibility for safety during all activities at the Facility or during Programs or both, and I assume that responsibility. 4. I certify that I have no medical, physical or other conditions that could interfere with my ability to climb and follow or give directions while doing such activities or any other activity at the Facility or as part of the Programs. I confirm that I am physically and mentally capable of participating in all activities at the Facility or in the Programs. 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 activities immediately. 5. I understand that wearing a helmet does not eliminate the inherent and other risks associated with climbing but that in certain instances a helmet can reduce the risk of injury, permanent disability, or death. I understand that GraniteWorks Gym recommends that I wear a helmet and that if I choose not to wear a helmet I do so against their advice. I further understand that it is my responsibility to bring and use a helmet as helmets are not provided or available from GraniteWorks Gym. 6. If I am provided climbing instruction from GraniteWorks Gym, I acknowledge that this instruction is general in nature and may not apply to all climbing conditions. I understand that any instruction that I do receive does not prepare or allow me to climb beyond my ability or without supervision. If GraniteWorks Gym provides me with instruction, I acknowledge that it is impossible for this instruction to guarantee safety or eliminate all the risks of indoor or outdoor climbing. 7. I acknowledge that I will read and will abide by GraniteWorks Gym rules and regulations as well as other rules that may be posted in the Facility or provided during the Programs. ASSUMPTION OF RISKS: I EXPRESSLY ASSUME ALL KNOWN AND UNKNOWN INHERENT AND OTHER RISKS ASSOCIATED WITH MY USE OF THE FACILITY OR PRESENCE AT THE FACILITY, OR ACTIVITIES RELATED TO THE PROGRAMS OR BOTH, INCLUDING THE RISKS OF SERIOUS INJURY, PARALYSIS, OR DEATH, INCLUDING ANY RISKS ASSOCIATED WITH NOT WEARING A HELMET, AND DAMAGE TO PROPERTY. My participation in the Programs and use of the Facility is voluntary and I elect to do so in spite of the risks. RELEASE OF LIABILITY: I hereby agree to waive, release, and forever discharge GraniteWorks Gym (GraniteWorks Climbing & Movement LLC d/b/a GraniteWorks Gym); 310 Marlboro St., LLC and Lignin Group LLC and any of their respective owners, members, shareholders, partners, officers, directors, employees, guides, agents, representatives, heirs or assigns, sponsors, independent contractors, equipment manufacturers, and suppliers (collectively the “Released Parties”), from and against any and all damages, claims, causes of action (including without limitation negligence), and liabilities, whether known or unknown, anticipated, suspected or unsuspected, whether resulting from negligence, breach of warranty, or otherwise, of every nature associated with or in conjunction with my involvement with GraniteWorks Gym byuse of the Facility, presence at the Facility, or participation in any of the Programs. INDEMNIFICATION: I agree to indemnify, defend, and hold harmless the Released Parties from and against any loss, liability, damages, expense, or costs, including attorney’s fees, incurred as a result of my participation in any activities related to the Programs or use of the Facility or presence at the Facility. LAW, VENUE, AND WAIVER OF JURY TRIAL: The laws of the State of New Hampshire, without reference to New Hampshire’s conflict of laws principles, govern this Release as well as all matters arising out of or relating to it, including without limitation claims as to its validity, interpretation, construction, performance, and all claims sounding in tort. Any civil action or proceeding arising out of or related to this Release shall be brought solely in the Courts within Cheshire County, New Hampshire, and I irrevocably consent to the personal jurisdiction of this court, and waive any rights to alter or change venue, including by removal. I HEREBY VOLUNTARILY, KNOWINGLY, IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN ANY ACTION OR DISPUTE (WHETHER BASED UPON CONTRACT, TORT, OR OTHERWISE) INVOLVING ANY RELEASED PARTY OR ARISING OUT OF OR IN ANY WAY RELATED TO THIS RELEASE. I authorize GraniteWorks Gym to use any photograph or video taken of me, or my minor child(ren), at the Facility or in the course of Programs for marketing or other promotional purposes. I HAVE CAREFULLY READ THIS RELEASE; I FULLY UNDERSTAND ITS CONTENTS AND IMPLICATIONS, AND KNOWINGLY RELEASE LIABILITY AS PROVIDED. IF PARTICIPANT IS A MINOR, PARENT OR LEGAL GUARDIAN MUST REVIEW THE FOLLOWING AND SIGN BELOW I represent that I am the parent or legal guardian of the above individual and hereby consent to their use of the Facility or participation in the Programs or both. I have carefully read this Release and have actual knowledge of the risks. In consideration of GraniteWorks Gym allowing the above individual to participate in the Programs or use the Facility or both, I agree to be bound by all of the terms and conditions of this Release for myself, my child, the individual listed above for whom I have legal authority, and for my spouse or any other individual who may assert rights on behalf of the above-named individual. I, hereby waive and release, indemnify, defend, hold harmless and forever discharge the Released Parties of and from any and all claims, demands, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that the above-identified minor, I, or any other person may have on behalf of the above-named individual, ever had or may have, arising from or in any way related to such the above-named individual’s participation in the Programs or use of the Facility or otherwise in connection with the Released Parties. I further agree to indemnify, hold harmless and defend the Released Parties from and against any loss, damage, liability, expense, costs, or attorneys’ fees, including any of those brought by or on behalf of, or otherwise caused by the above-named participant while participating in the Programs, or present at the Facility, or in any other manner by association with GraniteWorks Gym. |
