PARTICIPATION AGREEMENT &
ASSUMPTION OF RISK, RELEASE OF LIABILITY
& WAIVER OF CLAIMS
AGREEMENT
Please read the document carefully and in its entirety. It is a binding agreement that contains important information including provisions that might limit your legal rights. To the extent that you are unclear about the meaning or effect of this language, please seek appropriate consultation. You have the choice to participate or to choose not to do so. If you don’t want to sign this document, then please find another activity to engage in. The Participant will be engaging in certain activities, which may include the following: indoor rock climbing, bouldering, belaying, rappelling, lowering on ropes, top roping, lead climbing, auto belay, rescue systems, yoga, games and activities, use of portable climbing wall, spectating, activities relating camps and clubs, on-site and off-site instruction, organized competitions, transitioning to outdoor climbing, and other activities for recreation, fun, and/or climbing-related development, including instruction (collectively the “Activities”). WARNING: THE ACTIVITIES CAN BE DANGEROUS! In consideration of being allowed to participate in the Activities provided by IBEX Climbing Gym, LLC (the “Host”), the Participant, and the Participant’s parent or legal guardian if Participant is a minor, hereby agrees, to the fullest extent permitted by law, as follows: a) TO WAIVE ALL CLAIMS that they have or may have against the Host, its respective owners, affiliates, employees, agents, investors, and/or landlords arising out of the risks (inherent or otherwise) of participating in the Activities and/or use of the Host’s equipment (“Equipment”). 1) The inherent risks of the Activities shall include, but are not limited to: (a) misuse of the climbing walls, equipment, and/or facilities; (b) 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; (c) failure of the facilities, climbing walls, holds, harnesses, auto belays and exercise, fitness, and other equipment; (d) crossing, climbing, or climbing down; (e) 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;” (f) mental or physical health problems of Participant and others; (g) speed climbing; (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 (j) carelessness, inattention, and/or misjudgments, INCLUDING NEGLIGENCE (ACTIVE OR PASSIVE), of PARTICIPANT, OTHER USERS OF THE HOST'S FACILITIES, THE HOST, AND/OR THE HOST'S STAFF, including but not limited to by (1) improperly belaying, (2) improperly tying in to the harness, (3) improperly using or attaching to an auto belay, (4) failure to educate, (5) failure to warn, (6) failure to follow proper procedures, instructions and/or operating policies, and/or (7) any alleged or proven premises defect. b) TO ASSUME ALL RISKS (INHERENT OR OTHERWISE) IN PARTICIPATING IN THE ACTIVITIES AND USING THE EQUIPMENT; and c) TO RELEASE the Host, its respective owners, affiliates, employees, agents, investors, and/or landlords, from all liability for any loss, damage, injury, or expense forming the basis for a claim and/or cause of action that the Participant may suffer, arising out of and/or resulting from participation in the Activities and/or use of the Equipment, including any and all claims and/or causes of action arising from the alleged and/or proven NEGLIGENCE (active or passive) of the Host, its respective owners, affiliates, employees, agents, investors, and/or landlords. Personal Responsibility The Participant, and Participant’s parent or legal guardian if Participant is a minor, hereby certifies that Participant has no physical or mental condition that precludes Participant from participating in the Activities or using the Equipment and that Participant is not participating against medical advice. The Participant, and Participant’s parent or legal guardian if Participant is a minor, understands that Participant’s participation in the Activities and use of the Equipment is voluntary and further understands that they have the opportunity to inspect the Host’s Equipment and facilities before any participation. The Participant, and Participant’s parent or legal guardian if Participant is a minor, understands that Participant is obligated to follow the rules of the Activities and that Participant can minimize Participant’s risk of injury by doing so and through the exercise of common sense and by being aware of their surroundings. If, while participating in the Activities and/or using the Equipment, the Participant observes any unusual hazard or condition, which they believe jeopardizes Participant’s personal safety or that of others, Participant will remove themself from participation in the Activities and/or use of the Equipment and immediately bring said hazard or condition to the attention of the Host. Climbing is an independent experience. Participant, and Participant’s parent or legal guardian if Participant is a minor, is fully responsible for Participant’s own expertise. While the Host offers orientation and training for all types of indoor climbing, Participant, and Participant’s parent or legal guardian if Participant is a minor, is responsible for seeking out and completing the appropriate initial orientation and training courses before Participant engages in any Activities. Participant also agrees to seek out and complete any re-training or refresher courses should they consider it necessary at any time. To the extent that Participant does not understand how to properly engage in the Activities, it is the responsibility of Participant to seek out additional education and/or training before engaging in the Activities. Participant, and Participant’s parent or legal guardian if Participant is a minor, understands and accepts that floor padding cannot eliminate risk of serious injury or death. Participant, and Participant’s parent or legal guardian if Participant is a minor, agrees that the installed bouldering and roped climbing floor padding and other protections may only partially mitigate and do not eliminate all risk of serious injury or death resulting from a fall. These and other risks are associated with the Activities and cannot entirely be disassociated from climbing, which can result in losses to Participant, including emotional damage, bodily injury, permanent disability, paralysis, and even death. Emergency Care: The Host is not a medical provider. To the extent that Participant is injured and requires emergency medical attention, 911 may be called. Participant, and Participant’s parent or legal guardian if Participant is a minor, understands and acknowledges that the Host has no legal duty or specialized ability to provide emergency medical care. Media Release: Participant, and Participant’s parent or legal guardian if Participant is a minor, consents to the reproduction and use by the Host of photographs, videos, and other images and sound recordings of Participant without compensation, for advertising or other purposes in any and all media now existing or hereafter developed. Participant, and Participant’s parent or legal guardian if Participant is a minor, releases the Host from liability for any violation of any personal and/or proprietary right Participant may have in connection with such reproduction or use. Dispute Resolution & Binding Arbitration: Participant, and Participant’s parent or legal guardian if Participant is a minor, agrees to engage in good faith efforts to mediate any dispute that might arise between them and Host. Should the issue not be resolved by mediation, Participant, and Participant’s parent or legal guardian if Participant is a minor, agrees that all disputes, controversies, and/or claims between the parties will be submitted to binding arbitration. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the “Panel”), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the Western District of Missouri. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in Kansas City, Missouri and shall be governed by the Federal Rules of Evidence. The substantive laws of the State of Missouri shall apply. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. This Agreement, which consists of this and the previous pages, will apply to Participant’s participation in the Activities for the current and for all future visits, until cancelled in writing by Participant or Participant’s parent or legal guardian if Participant is a minor, or until it expires pursuant to the provisions of applicable law. To the extent that any portion of this Agreement is deemed to be invalid under the law of the State of Missouri, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding. I/WE HAVE READ THE ABOVE PARTICIPATION AGREEMENT & ASSUMPTION OF RISK, RELEASE OF LIABILITY & WAIVER OF CLAIMS AGREEMENT, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE NOT CHANGED IT ORALLY, AND SIGN IT VOLUNTARILY. I FURTHER UNDERSTAND THAT I HAVE THE FREEDOM TO CHOOSE NOT TO PARTICIPATE, OR TO HAVE MY MINOR CHILD NOT PARTICIPATE, IN THE ACTIVITIES. |
