In consideration of my being permitted by Warehouse Climbing Co., LLC (herein referred to as WCC) to be a member, use its facilities, rock climb, or participate in any and all of the activities at its facilities, I, agree to the following agreement on behalf of myself, my guests, my personal representatives, dependents/minor children, heirs, and assigns. I understand and expressly agree that my use of this WCC facilities involves the risk of injury to me or my guest whether caused by me or not. I understand that these risks are inherent in physical activity and the use of the WCC facilities including but not limited to falls, equipment failure, bad decision making, inattentive fellow climbers, employee/agent mistakes, being struck by falling objects, holds that have become loose or damaged by other climbers/members, and pre-existing medical conditions and that my use of the facilities and can range from minor injuries to major injuries, including death. I also will not hold WCC responsible for any injuries I receive at the fault of other climbers/members. In consideration of my participation in the activities and use of the facilities, equipment, and services offered by WCC and such use by my guests, if applicable. I understand and voluntarily accept full responsibility on my behalf and on my guest’s behalf for the risk of injury or loss arising out of or related to my use or my guest’s use of the facilities, including without limitation, climbing, rappelling, exercise, equipment, participation in any other activities on WCC property, or use of other services, equipment and/or programs offered to members. I further agree that WCC, their respective owners, affiliate companies, parents, subsidiaries and the officers, directors, shareholders, employees, managers, members, agents and independent contractors of such entities will not be liable for injury without limitation, personal, bodily, or mental injury, disability, death, economic loss or any damage to me, my spouse or domestic partner, dependent, guest, child, unborn child, heirs, or relatives resulting from the negligent conduct or omission of WCC, or anyone acting on their behalf, or other patrons of WCC, whether related to exercise or not. Accordingly, to the fullest extent permitted by law, I do hereby forever release, waive and discharge WCC from any and all claims, demands, injuries, damages, actions or causes of action, related to my use or my guest’s use of the facility (collectively, “Claims”) against WCC or anyone acting on their behalf, and hereby agree to defend, indemnify and hold harmless WCC from and against any such Claims, including Claims made by my guests. I further understand and acknowledge that WCC does not and has not manufactured all of the equipment or products in its facilities and therefore WCC will not be held liable for defective equipment or products whether manufactured or constructed by WCC. Additionally, I agree that I am assuming the risk by using any equipment, products, rock walls, equipment, or other structures herein and used by me on the facility and waive and release any claim that any of the aforementioned are defective. I understand I am not obligated to sign this agreement and should not do so if there are any unfilled blanks. I understand my right of cancellation and the billing and refund policies. I understand my release of liability, assumption of risk and agreement to indemnify, defend and hold harmless and I have been given the opportunity to review and ask questions related to my use of the facilities, property, and equipment, as well as my participation in any programs or other services and/or programs offered to members. I agree to comply with WCC’s membership policies and club rules that may be communicated to me from time to time, whether in writing, electronically, through club signage or verbally. WCC may, in its sole discretion, modify any policy or club rule at any time and from time to time without advanced notice. WCC reserves the right, in its sole discretion, to refund the pro-rated cost of unused services and terminate my membership immediately for violation of any membership polices or club rules. By signing below, I acknowledge and agree to all of the terms contained on this agreement. I represent that I am in good physical condition and have no medical reason or impairment that might prevent me from my intended use of WCC facilities. I acknowledge that WCC did not give me medical advice before I joined and cannot give me medical advice after joining. WCC does not give members advice relating to their medical concerns nor do they do so after joining. WCC does not give members advice relating to their physical condition(s) or ability to use the facilities, so if the member has any health or medical concerns now or after joining, please discuss them with your doctor before using the facilities. WCC is not liable to any individual or their guest(s) for any personal property that sustains damages, is lost, or stolen while on or around WCC’s premises including, but not limited to, a vehicle or its contents or any property left or stored on the premises. If I or my guest cause any damage to WCC’s facilities, I understand that I am liable to WCC for the cost(s) of repair or replacement. I hereby agree to release and discharge from liability WCC and its owners, directors, officers, employees, agents, volunteers, participants and all other persons or entities acting for them (hereinafter collectively referred to as “Releasees”). I agree to pay attention to the state of facility equipment and to advise staff if I do any damage or notice any damage. I agree to abide by all WCC rules and comply with instruction or requests made by facility staff. I acknowledge that indoor climbing at WCC does not qualify me to climb in other capacities, without qualified instruction. I acknowledge that activities not limited to outdoor climbing or climbing other surfaces are done so at my own risk and are separate from WCC. I have had sufficient time to read this entire document and, should I choose to do so, have consulted with legal counsel prior to signing. I acknowledge that my participation in any activities at WCC are purely voluntary and I elect to participate despite the risks and that I may discontinue participation at any time. NOTICE TO MEMBERS/BUYERS: DO NOT SIGN THIS CONTRACT UNTIL YOU HAVE READ ALL OF IT. ALSO, DO NOT SIGN THIS CONTRACT IF IT CONTAINS ANY BLANK SPACES. YOU MAY CANCEL THIS TRANSACTION IN WRITING ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THIS TRANSACTION IS COMPLETED. NOTICE TO BUYER: DO NOT SIGN THIS CONTRACT UNTIL YOU HAVE READ ALL OF IT. ALSO, DO NOT SIGN THIS CONTRACT IF IT CONTAINS ANY BLANK SPACES. YOU MAY CANCEL THIS TRANSACTION IN WRITING ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THIS TRANSACTION IS COMPLETED. October 9, 2024
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