I, the undersigned individual, desire to use Sage to Summit, LLC’s (“Sage to Summit”) facilities, to use climbing gym, and to participate in and/or observe activities at Sage to Summit’s facilities. In consideration of Sage to Summit permitting me to use its facilities and/or permitting me to participate in and/or to observe Sage to Summit activities, I have agreed to execute this Release of Liability, Assumption of the Risk, Indemnification, and Participation Agreement (“the Release”). I HEREBY ACKNOWLEDGE AND AGREE to the following: ASSUMPTION AND ACKNOWLEGMENT OF RISK:
I hereby acknowledge, accept, and agree that the sports of climbing (both indoor and outdoor), physical training, weight training, and related activities, and the use of Sage to Summit facilities, participation in Sage to Summit activities, and/or observation of such activities involve inherent risks, including but not limited to serious injury, permanent paralysis, and death. I have received full information regarding Sage to Summit facilities and activities and have had the opportunity to ask any questions that I wished to ask. 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, weight training areas, 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 Sage to Summit facilities and participation in Sage to Summit activities, including but not limited to the following: a. all manner of injury resulting from the climbing wall, including but not limited to falling off the climbing wall and hitting the floor, the climbing wall, rock faces, people and/or projections, whether permanently or temporarily in place; b. all manner of injury resulting from the weight training area, including but not limited to falling weights, improperly re-racked weights, excessively heavy weights, and/or any misuse of weights and/or weight training equipment by me or other persons in the weight training area; 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 the climbing and weight training areas; d. injuries resulting from activities on or near the climbing wall, weight training areas, moonboard, and/or treadwall; e. injuries resulting from the actions or omissions of others, including but not limited to other persons climbing the climbing wall, training in the weight training area, and/or other activity participants, activity observers, visitors to Sage to Summit’s facilities, and/or Sage to Summit’s employees; f. cuts and abrasions resulting from skin contact with the climbing wall, weight training equipment, or any other surface; and g. failure or misuse of the climbing walls, weight training equipment, or any Sage to Summit equipment or facilities. I further acknowledge that the above list is not inclusive of all possible risks associated with the use of Sage to Summit facilities and in no way limits this assumption of the 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 certify that I am physically and mentally fit, that I have sufficiently prepared or trained for participation in any activity that I engage in at Sage to Summit, and that I have not been advised to refrain from participating in and/or observing any such activity by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in and/or observation of any such activity. In order to avoid any illness, serious injury, or death, Sage to Summit has advised that I consult a physician before engaging in strenuous physical activities. I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity. I acknowledge and agree not to use any equipment, weights, machines, climbing holds, or any other aspect of Sage to Summit’s facilities that appears to be damaged, frayed, loose, malfunctioning, or unusable in any fashion, or that have been marked as inoperable or not to be used by participants and/or visitors to Sage to Summit. I further agree to bring any such condition to the immediate attention of Sage to Summit and its employees. I acknowledge and agree not to enter any areas of Sage of Summit that are closed to the general public, including any restricted or employee-only areas. I acknowledge 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, including but not limited to COVID-19, bacterium, or microorganism that induces or is capable of inducing physical distress, illness, or disease. I understand that climbing at Sage to Summitt on artificial climbing walls is not the same as outdoor rock climbing or on other artificial rock surfaces. I understand that the holds used on artificial climbing surfaces are a safety feature and they can and do sometimes spin, break, drop, and/or come loose. I understand that Sage to Summit at times is not staffed by any employees or persons. I understand that if I use Sage to Summit’s facilities when there is no staffing, I will have another member present with me at all times. 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 Sage to Summit 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 Sage to Summit, its subsidiaries, officers, owners, volunteers, representatives, affiliates, agents, and employees; the landlord of the facility, if any; the designers and engineers, manufacturers, installers or distributors of Sage to Summit’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 death, property damage, personal injuries, disability, property damage, property theft, involving Sage to Summit 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. CONSENT TO VIDEO/AUDIO/PHOTOGRAPHIC RECORDING: Sage to Summit facilities contain a number of cameras, photographic, audio, and video, including web-cams. I consent to the use of such devices to capture my image, voice, and/or likeness. I understand that during the use of any facility, webcams and cameras may record my activities. Sage to Summit reserves the right to use a climber’s likeness or image as well as any video or photographs recorded by the cameras, web-cams, or other devices. I hereby grant Sage to Summit, its affiliated entities, and their licensees the right to use my likeness or image and any and all video recorded by the cameras and web-cams 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 Sage to Summit management. I understand and agree that Sage to Summit and its personnel reserve the right to deny access to its facilities to any individual, permanently and/or for any specified period of time, for any breach of Sage to Summit’s policies, rules and regulations, for any conduct that is viewed as unhealthy, unsafe, or inappropriate, or for any other reason within Sage to Summit’s sole discretion. Should Sage to Summit or anyone acting on its behalf be required to incur attorneys’ 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 OR RELEASING PARTY 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 OR RELEASED PARTY.” 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…” GOVERNING LAW, JURISDICTION, 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 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 in the County of Inyo, California. The parties submit to the jurisdiction of the Superior Court of California, County of Inyo, California. 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 Sage to Summit facilities, now or any time in the future, whether caused by Sage to Summit’s negligence or that of its officers, agents or employees. I agree to pay for all legal fees accumulated by Sage to Summit, 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. This Release of Liability, Assumption of Risk, Indemnification, and Participation Agreement shall be effective and binding for one (1) year from the date I sign it. My participation in activities at Sage to Summit 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 Sage to Summit facilities or involving Sage to Summit, I may be found by a court of law to have waived my right to maintain a lawsuit against Sage to Summit or any of the other Released Parties on the basis of any claim from which I have released them herein. I further agree to indemnify, hold harmless and defend the Released Parties from and against any loss, damage, liability, expense, costs, and/or attorneys’ fees arising from my participation in activities at Sage to Summit facilities or affiliated events. SIGNATURE LINES ON FOLLOWING PAGES I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS AND IMPLICATIONS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL. I FURTHER ACKNOWLEDGE RECEIPT OF A SIGNED COPY OF THIS DOCUMENT FROM SAGE TO SUMMIT HAS BEEN RECEIVED BY ME TO MY EMAIL ADDRESS. FOR PARENTS/GUARDIANS OF PARTICIPANT OF MINOR AGE (UNDER AGE 18 AT TIME OF REGISTRATION) This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all the Releasees, and, for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releasees from any and all liability incidents to my minor child's involvement or participation in these programs as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, to the fullest extent permitted by law. Date: September 26, 2025 |
