Fort Rock Climbing Center dba Fort Rock Family Adventures Waiver and Privacy Policy Effective Date: July 1, 2025 THIS IS A LEGALLY BINDING AGREEMENT. Read it carefully before signing and consult with an attorney if you are uncertain about its terms. Alterations are not permitted. This Agreement must be read and signed by all participants 5 years of age and older. If the participant is a minor (under 18), it must also be signed by the child's natural guardian (defined by pertinent Florida law as the child's mother or father, by birth or adoption, or, if the parents are divorced, the parent to whom custody is awarded). The natural guardian signs for himself or herself and on behalf of the child. Minors presenting this form bearing the signature of a natural guardian may be required to prove the authenticity of the signature. A minor who signs this agreement does so to reflect his or her understanding of the activities and their risks. In consideration of being allowed to participate, participant and, if participant is a minor, natural guardian, acknowledge and agree as follows: Activities and Risks Climbing on artificial climbing walls, and related activities (including, but not limited to, bouldering, challenge activities, and fitness or exercise classes) expose participants to numerous risks which might result in physical and emotional injury, death, or property loss or damage. These risks include, but are not limited to: - Falling to the floor or pads - Falling or swinging into the climbing wall and other structures and objects - Being struck by falling climbers, hardware, tools, broken or dropped holds, and other objects - Entanglement in ropes - Abrasions and other injuries from contact with climbing walls, ropes, holds, loose holds, dropped holds, broken holds, pads, or the floor - Malfunction or failure of climbing and belaying equipment and structures - Absorbing materials, including pads, below the wall may not prevent all injuries from falls Participants may participate out of control or beyond their limits or otherwise act negligently or intentionally, contributing to the injury or death of themselves or another participant. Staff, visitors, belayers, and other persons present may act negligently or engage in other wrongful conduct. The facility may fail to warn participants or the natural guardians of certain inherent risks. These risks are inherent in a participant's enrollment and climbing and related activities, and they cannot be eliminated without altering the nature of the experience. Other risks may be encountered. Indoor Playground and Free Play Activities In addition to the climbing activities, Fort Rock Family Adventures offers an indoor playground and free play activities that expose participants to various risks which might result in physical and emotional injury, death, or property loss or damage. These risks include, but are not limited to: - Slips, trips, and falls on playground equipment or surfaces - Collisions with other participants, structures, or objects - Entrapment in or between playground equipment - Injuries from improper use of equipment or failure to follow safety instructions - Risks associated with shared equipment and surfaces, including potential exposure to communicable diseases These risks are inherent in a participant’s enrollment and participation in indoor playground and free play activities and cannot be eliminated without altering the nature of the experience. Other risks may be encountered. Responsibility Clause If I am the natural guardian of a minor participant, I have explained the risks and possible outcomes to the child. I, and the child, understand them and we both choose for the child to participate nevertheless. My, or the child's, participation is voluntary. Parents or legal guardians are the sole responsible parties for monitoring and supervising their children. Fort Rock Team Members do not assume responsibility for supervising children. 2. Assumption of Risks I, the participant, or, if the participant is a minor, the natural guardian, for myself and on behalf of the child, to the maximum extent allowed by law, understand, acknowledge, and assume any and all risks of the Fort Rock Climbing Center dba Fort Rock Family Adventures activities and the use of its facilities and equipment, inherent or not, and whether or not described in this document. 3. Medical Treatment Consent I authorize Fort Rock Climbing Center dba Fort Rock Family Adventures to obtain medical treatment for me or my child in the event of an emergency. I agree to release and hold harmless the Released Parties for any costs incurred in obtaining such treatment, including ambulance fees, hospital charges, and medical expenses. 4. Release and Indemnity (Adult participant) I, an adult participant, hereby release and covenant not to sue Fort Rock Climbing Center dba Fort Rock Family Adventures, its owners, successors, affiliates, employees, and agents (hereinafter each a "Released Party," or collectively "Released Parties"), with respect to liability for any personal injury, including death, property loss, or damage, and all other claims, demands, or causes of action which accrue to me, which are in any way related to my enrollment or participation in an activity of Fort Rock Climbing Center dba Fort Rock Family Adventures or the use of its facilities or equipment. In addition, I agree to protect, defend, hold harmless, and indemnify (including the payment of reasonable attorneys’ fees, costs, and insurance deductibles) Released Parties and each of them with respect to any claim of loss suffered or caused by me, by whomever it may be brought, which relates in any way to my enrollment in an activity of Fort Rock Climbing Center dba Fort Rock Family Adventures or the use of its facilities or equipment. These agreements of release and indemnity include claims of negligent (including, to the extent allowed by law, grossly negligent) acts or omissions of a Released Party, but not intentionally wrongful conduct. 5. Release and Indemnity (Natural guardian for himself or herself and on behalf of a minor participant) As the natural guardian of the minor participant, I, for myself and on behalf of my minor child, hereby release and covenant not to sue Fort Rock Climbing Center dba Fort Rock Family Adventures, its owners, successors, affiliates, employees, and agents (hereinafter each a "Released Party," or collectively "Released Parties"), with respect to liability for any personal injury, including death, property loss, or damage, and any and all other claims, demands, or causes of action which accrue to me or to my child which are in any way related to the child's enrollment or participation in an activity of Fort Rock Climbing Center dba Fort Rock Family Adventures or the use of its facilities or equipment. The claims which I hereby release for myself include claims of negligent (including, to the extent allowed by law, grossly negligent) acts or omissions of a Released Party, but not intentionally wrongful conduct. The claims which I release on behalf of my child are those which accrue to the child resulting from an inherent risk of the child's enrollment or participation in an activity of Fort Rock Climbing Center dba Fort Rock Family Adventures or the use of its facilities or equipment. (IMPORTANT: for purposes of this Release by the natural guardian on behalf of the minor child "inherent risk" is defined by pertinent Florida law as those dangers or conditions, known or unknown, which are characteristic of, intrinsic to, or an integral part of the activity and which are not eliminated even if the activity provider acts with due care in a reasonable manner. The term includes, among other acts or omissions, the failure of the activity provider to warn the natural guardian for the child of an inherent risk, and the negligent or intentional acts of the child or another participant which may contribute to the injury or death of the minor participant. "Participant" for purposes of this Release, DOES NOT include Fort Rock Climbing Center dba Fort Rock Family Adventures, its owners, successors, affiliates, employees, and agents.) In addition, I agree to protect, defend, hold harmless, and indemnify (including the payment of reasonable attorneys’ fees, costs, and insurance deductibles) Released Parties and each of them, with respect to any claim of loss suffered or caused by the child, by whomever it may be brought, in any way related to my minor child's enrollment in an activity of Fort Rock Climbing Center dba Fort Rock Family Adventures or the use of its facilities or equipment. This agreement of indemnity includes claims of negligent (including, to the extent allowed by law, grossly negligent) acts or omissions of a Released Party, but not intentionally wrongful conduct. 6. Severability If any part of this Agreement is held by a court of law to be unenforceable, the remainder shall survive and continue in full force and effect. 7. Media Release I understand that photographs and video recordings which include me and/or the child may be taken at Fort Rock Climbing Center dba Fort Rock Family Adventures's facilities. I agree that Fort Rock Climbing Center dba Fort Rock Family Adventures may use my or the child's likeness in any and all of its publications and advertisements without payment or any other consideration. 8. Code of Conduct and Revocation Fort Rock Climbing Center dba Fort Rock Family Adventures reserves the right to deny or revoke access to anyone for any act deemed inappropriate. I, and the child, understand and agree to obey the posted Safety Rules available at Fort Rock Climbing Center dba Fort Rock Family Adventures’s website. This agreement will remain in full force and effect and apply to subsequent visits to Fort Rock Climbing Center dba Fort Rock Family Adventures by me, or the minor child, until revoked in writing, with notice to the other party. Future participation and use of Fort Rock Climbing Center dba Fort Rock Family Adventures is evidence of my or the child's continuing agreement with the terms of this document. 9. Governing Law This Agreement will be governed by the laws of the State of Florida and any disputes will be resolved in the courts of Lee County, Florida. 10. Entire Agreement This Agreement contains the entire agreement between the parties and supersedes any prior written or oral agreements between them concerning the subject matter herein. In the event of a dispute between the parties, the prevailing party shall be entitled to an award of its reasonable fees and costs. 11. Representation of Authority I represent that I have complete and absolute authority to bind, contract for, and legally act on behalf of myself and the minor participant, and understand and agree that Released Parties rely to their detriment upon this representation and would not allow the minor child to participate without this representation. I have had sufficient opportunity to read and understand this document and intend for it to be binding on me, the minor child who is a participant, and members of my, and the child's, respective heirs, families, estates, personal representatives, and assigns. Natural Guardian(s) must sign below for the minor child to participate and agree that they and the minor child are subject to all the terms of this document, as set forth above. July 1, 2025 |