In consideration of my being permitted by RockSport, Inc., to climb at its facilities, I agree to the following waiver and release and I make the following representations.
I acknowledge the inherent extreme risks in rock climbing activities including those that take place indoors. I realize those risks include falls, equipment failure, bad decision making, inattentive belayers, and holds that have come loose or damaged by other climbers. I understand that there are unforeseeable freakish accidents and I assume all risks associated with such accidents, even though I cannot foresee them. I agree to pay attention to the state of the ropes in the gym and that of the anchors and to advise gym staff if I do any damage or notice any damage. I agree to abide by all gym rules, and if the gym staff makes a specific request or instruction to me I agree to comply.
I am physically fit and know of no medical or health reason whereby I should not participate in the activities that take place at RockSport.
I agree to assume all risk of personal injury, including paralysis and death, that may occur while I am at the gym or while I am climbing anywhere, at anytime. I hereby release RockSport, Inc., its owners, officers, employees, wall builders, wall designers, hold manufacturers, lessors, insurers, and agents from all liability for any such personal injury that may occur. This release extends to injuries that may occur through the negligence of gym employees or other parties released.
I understand that indoor climbing is not the same as outdoor climbing, and that additional skills are necessary for outdoor climbing that cannot be acquired in the gym. I agree to seek qualified instruction before attempting to climb outdoors.
This release applies to and binds my personal representatives, heirs, and my family. If a member of my family is under the age of 18 accompanies me to the gym, I make this release and these representations on his or her behalf as well as my own, and I agree to assume responsibility for his or her safety.
This is a binding legal contract. I understand that this release is a contract. I sign it of my own f ee will. I also understand that this contract is severable; in other words, that if any part of it is held by a court of law to be unenforceable, the rest of it will survive.
Parents and Guardians take note! If I am a parent or guardian of a minor climbing at the gym, whether or not I am a member myself, or am present when the minor is climbing, I agree to indemnify and hold harmless RockSport, Inc., and the other parties released, in the event of a minor member of my family sues any one of them. I understand that this means I will pay all fees, costs, and charges incurred by them, or any party released, including attorney fees.
Birthday Party Hosts Take Note!If I am an adult who is in charge of a group of minors and is taking them to the gym, I agree to have a release like this one signed by a parent of each minor in the group. I understand that if I fail to do so, the gym can refuse to let that minor climb, or at its option, agree to let the minor climb, but that it does so only because I hereby agree to assume full responsibility for the safety of that minor child, and to indemnify and hold hannless RockSport, Inc., and other parties released, if that child is injured and an action is brought on account of those injuries.
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