Loading...

VISITOR AGREEMENT

(INCLUDING ASSUMPTION OF RISK AND AGREEMENT TO RELEASE ALL CLAIMS AND DEFEND AND INDEMNIFY MOMENTUM)

PLEASE READ CAREFULLY BEFORE SIGNING

BY SIGNING THIS AGREEMENT, YOU WAIVE, RELEASE, AND DISCHARGE ALL CLAIMS YOU MIGHT HAVE AGAINST MOMENTUM (DEFINED BELOW) AS A RESULT OF YOUR, OR YOUR MINOR’S, PARTICIPATION IN THE MOMENTUM ACTIVITIES (DEFINED BELOW) OR VISIT TO THE MOMENTUM FACILITIES (DEFINED BELOW), INCLUDING CLAIMS ARISING FROM MOMENTUM’S ALLEGED NEGLIGENCE. BY SIGNING THIS AGREEMENT, YOU ALSO AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS MOMENTUM FOR ALL CLAIMS ARISING FROM YOUR, OR YOUR MINOR’S, PARTICIPATION IN THE MOMENTUM ACTIVITIES OR VISIT TO THE MOMENTUM FACILITIES.

This Agreement must be signed by all visitors of Momentum, LLC, a Utah limited liability company (Momentum, LLC and its employees, owners, officers, directors, agents, independent contractors, assigns, and lessees and owners of the properties on which Momentum Activities are conducted (and their respective members, owners, managers, directors, and staff) collectively referred to herein as “Momentum”). If the visitor is a minor, this Agreement must be signed by the minor’s parent or legal (court appointed) guardian, on behalf of the parent or guardian and, if allowed by law, the minor. “Participant” or “Minor Participant” as used in this Agreement includes Participants in Momentum Activities (see below) and other persons who enter the Momentum Facilities or take part in a Momentum Activity. In consideration of the services of Momentum, I, an adult Participant or as parent or legal guardian and on behalf of a Minor Participant, ACKNOWLEDGE and AGREE as follows: 

MOMENTUM FACILITIES AND MOMENTUM ACTIVITIES 

This Agreement applies to all “Momentum Facilities,” which include, but are not limited to, the following: (1) any facility operated by Momentum, (2) any facility Momentum uses for its activities, and (3) any outdoor or remote locations where Momentum conducts activities. This Agreement also applies to all “Momentum Activities,” which include, but are not limited to: (1) the use of (a) roped climbing walls (toprope, auto-belay and lead climbing), (b) bouldering areas, (c) weights and other training and fitness equipment, (d) saunas, (e) cold plunges, (f) all Momentum equipment (either rented, borrowed, or otherwise used), (f) Momentum Facilities, and (g) parking and common areas; and (2) all participation in activities or events at Momentum Facilities including (a) gear demonstrations, (b) parties, (c) clinics, (d) training, (e) yoga and other fitness classes, (f) remote outdoor climbing, (g) camps and classes, and (h) travel to other activity sites. 

ASSUMPTION OF RISK 

I understand there are risks, hazards, and dangers in the Momentum Activities, inherent and otherwise, and that participation in the Momentum Activities could result in injuries of all kinds, including serious injury or death. I understand participation in the Momentum Activities requires a certain level of physical fitness and training. The risks involved in Momentum Activities include, but are not limited to: traveling to the location of an activity; parking and moving about parking and other areas in the vicinity of Momentum Facilities; falling; colliding with objects, people, or structures; falling onto uneven, worn, or hard landing surfaces; being struck by other participants or objects; loose handholds or loose rock; equipment failure even when equipment is properly used; the conduct, including negligent conduct, of other visitors, participants, and staff; exposure to weather, plants, or wildlife; exposure to pathogens and communicable diseases; aggravation of pre-existing conditions; risks identified by Momentum through rules and warnings, whether written, oral, or otherwise; and other foreseeable or unforeseeable risks. These and other risks are inherent in the Momentum Activities and visiting Momentum Facilities. I SPECIFICALLY ACKNOWLEDGE for myself and/or on behalf of the Minor Participant that these risks cannot be eliminated and are inherent in participation in the Momentum Activities or visiting the Momentum Facilities. Participation in Momentum Activities and visiting the Momentum Facilities is voluntary, and Participants may withdraw from participation at any time. 

Understanding these risks and dangers, and understanding that other risks will be encountered, I expressly assume all risks, for myself and/or on behalf of the Minor Participant, associated with Momentum Activities and Momentum Facilities, inherent and otherwise, and whether or not described above. If the Participant is a minor, I have explained the activities and risks to them, and the Minor Participant wishes to participate in the Momentum Activities of their own free will and choice.


(Initial for yourself and/or on behalf of the Minor Participant) 

RELEASE OF LIABILITY AND INDEMNITY 

I RELEASE, DISCHARGE, AND WAIVE ALL CLAIMS, LAWSUITS, OR CAUSES OF ACTION AGAINST MOMENTUM ARISING FROM MY OR THE MINOR PARTICIPANT’S PARTICIPATION IN THE MOMENTUM ACTIVITIES OR VISIT TO THE MOMENTUM FACILITIES, INCLUDING THOSE ARISING FROM MOMENTUM’S ALLEGED NEGLIGENCE. I AGREE TO NOT SUE MOMENTUM FOR ANY SUCH CLAIM. I AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS MOMENTUM TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR ANY CLAIM, LAWSUIT, OR CAUSE OF ACTION ASSERTED AGAINST MOMENTUM RELATED TO MY AND/OR THE MINOR PARTICIPANT’S PARTICIPATION IN THE MOMENTUM ACTIVITIES OR VISIT TO THE MOMENTUM FACILITIES. 

The language of this agreement to not sue and to release, discharge, defend, indemnify, and hold harmless Momentum should be construed to the broadest extent possible and specifically includes a release of any claim for negligence against Momentum. I agree my obligation to defend, indemnify, and hold harmless Momentum includes any claim, lawsuit, liability, or cause of action by third parties, including other visitors, and a member of my, or the Minor Participant’s, families, arising out of my, or the Minor Participant’s, participation in the Momentum Activities or visit to the Momentum Facilities. I understand that signing this document will prevent me or the Minor Participant, our heirs, executors, dependents, beneficiaries, and assigns from suing Momentum for any injuries sustained or caused by my, or the Minor Participant’s, participation in the Momentum Activities or visit to the Momentum Facilities, including death and paralysis.


(Initial for yourself and/or on behalf of the Minor Participant)

ADDITIONAL AGREEMENTS

By initialing each of the following paragraphs, the Participant warrants they understand the statement and, where applicable, agrees to comply with the statement. Where a parent or legal guardian is signing this Agreement on behalf of a Minor Participant, each of the following paragraphs should be construed as if both the parent or guardian and the Minor Participant understand and are agreeing to comply with the statement. Initial for yourself and/or on behalf of the Minor Participant.

  1. I watched the Momentum Training Video and will comply with the training and instruction contained therein.

  2. I will comply with all written, verbal, or video instructions provided by Momentum.


  3. I will submit to an identification check by Momentum staff.


  4. I can participate in the Momentum Activities and have no mental or physical condition that would cause me to be a danger to myself or others.


  5. There are risks of injury while participating in the Momentum Activities or visiting the Momentum Facilities, even when using Momentum equipment and following the warnings and instructions given to me.


  6. I am responsible for assessing the quality of my climbing or fitness gear and declare that it is in good condition for use. Momentum is not liable for any lost or stolen equipment or personal items brought to the Momentum Facilities.

  7. In order to participate in the Momentum Activities, I must sign this agreement; I must complete whatever instructional and/or certification program Momentum requires for the particular activity; and I must read and abide by all of Momentum’s rules, warnings, and regulations. Momentum has no duty to monitor my visit to Momentum whether or not I participate in Momentum Activities.

  8. In the event of an accident, I authorize Momentum to stabilize and obtain medical care, including transportation to a medical facility, for me or the Minor Participant if, in the opinion of Momentum, medical care is needed and I am unable to make such decisions for myself or on behalf of the Minor Participant. I agree to pay all costs associated with such actions on the part of Momentum, and to defend, indemnify, and hold harmless Momentum from any consequences resulting from such care.

  9. I authorize Momentum to take photos and videos of me in connection with participation in Momentum Activities and grant Momentum permission to use my name and likeness, without compensation, for marketing and other promotional purposes.

  10. I represent and warrant that I am the parent or legal guardian of the Minor Participant and have full authority to enter into this Agreement on their behalf (if applicable).

  11. A signed copy of this Agreement transmitted electronically shall be deemed to have the same legal effect as an original signed document.

  12. By signing this Agreement, I acknowledge that I may receive occasional emails, text messages, or other communications from Momentum regarding promotions, events, or updates related to Momentum’s facilities or services. I understand that I can unsubscribe or opt out of these communications at any time by following the instructions provided in the communication or by contacting Momentum directly.

MISCELLANEOUS

If a party seeks either to enforce their rights under this Agreement or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded their reasonable attorney fees, costs, and expenses incurred.

This Agreement constitutes the entire agreement between Momentum and myself, or the Minor Participant, 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 covers my, or the Minor Participant’s, participation in all Momentum Activities and visit to the Momentum Facilities.

If any provision or part-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.

This Agreement shall be construed in accordance with the laws (but not the conflict of law provisions which might invoke the laws of another jurisdiction) of the State of Utah and for any suit, mediation, or other resolution of a dispute arising under this Agreement I, for myself and on behalf of the Minor Participant hereby submit to the exclusive jurisdiction of the courts of Salt Lake County, Utah. I voluntarily waive any right I or the Minor Participant may have to a jury trial in any action under this Agreement or arising from participation in the Momentum Activities or visit to the Momentum Facilities.

I HAVE CAREFULLY READ, UNDERSTAND, AND VOLUNTARILY SIGN THIS 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 Participant’s, family, and our respective, heirs, assigns, and administrators.

First Participant's Name
First Name*
Middle Name
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Information
What is your preferred name? //ct2//
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Second Participant's Information
What is your preferred name? //ct2//
Third Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Information
What is your preferred name? //ct2//
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Information
What is your preferred name? //ct2//
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Information
What is your preferred name? //ct2//
Sixth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Information
What is your preferred name? //ct2//
Seventh Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Information
What is your preferred name? //ct2//
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Information
What is your preferred name? //ct2//
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Information
What is your preferred name? //ct2//
Tenth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Information
What is your preferred name? //ct2//
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact
First Name*
Last Name*
Emergency Contact's Phone Number*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
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
First Name*
Middle Name
Last Name*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Parent or Guardian's Information
What is your preferred name? //ct2//
Parent or Guardian's Signature*
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.


One or more problems exist. Please scroll up.




Powered by  Smartwaiver - TRY IT FREE!