2. AGREEMENT (1) FOR ACKNOWLEDGMENT OF RISK, (2) FOR WAIVER, DISCLAIMER, AND RELEASE OF LIABILITY, (3) NOT TO SUE AND (4) FOR INDEMNITY
I, on behalf of myself (or if signing on behalf of a child or children, on behalf of such child or children) and on behalf of my (or my minor's) heirs, personal representatives, spouse, next of kin, successors and assigns, hereby understand, acknowledge, and voluntarily agree with The Gravity Vault, its shareholders, members, owners, officers, directors, employees, agents, contractors, insurers and/or landlords, and each of their respective successors and assigns (hereinafter collectively the "GYM PARTIES") as follows:
CLIMBING IS AN INHERENTLY HAZARDOUS AND DANGEROUS ACTIVITY AND INVOLVES BOTH INHERENT AND EXTRINSIC, AND BOTH NATURAL AND ARTIFICIAL RISKS THAT MAY RESULT IN ALL MANNER OF HARM, LOSS, DAMAGE, PROPERTY DAMAGE, SERIOUS PERSONAL INJURIES, OR DEATH TO ME AND/OR OTHERS FROM, FOR EXAMPLE, (a) FALLS FROM THE CLIMBING SURFACE ONTO THE FLOOR, ROCK SURFACE, PROJECTIONS OR OTHER OBJECTS, (b) FALLING ONTO OTHERS PRESENT, (c) CLIMBERS OR OTHER OBJECTS (SUCH AS ROPES, HOLDS OR HARDWARE) FALLING ONTO ME, (d) IMPROPER USE, INSTALLATION OR MAINTENANCE OF GEAR, EQUIPMENT AND/OR APPARATUSES, (e) GEAR AND EQUIPMENT DEFECTS OR MALFUNCTION, (f) FAILURE TO FOLLOW PROPER CLIMBING AND/OR BELAY PROCEDURES, (g) IMPROPER OR INSUFFICIENT TRAINING, SUPERVISION AND/OR INSTRUCTION, (h) ROPE ABRASION AND/OR ENTANGLEMENT, (i) CUTS AND ABRASIONS RESULTING FROM SKIN CONTACT WITH THE CLIMBING WALL, AND (j) FAILURE OF ROPES, SLINGS, BOLTS, CHAINS, CLIMBING HARDWARE, ANCHOR POINTS, OR ANY PART OF THE CLIMBING WALL STRUCTURE. I fully and completely acknowledge that the above list and descriptions are not all of the risks associated with use of and presence in the GYM, and that the above list in no way limits the extent or scope of this Agreement.
I acknowledge and agree that I should consult with my physician before climbing. Factors unknown to me may have an adverse effect on my physical well-being, including death. I have been made fully aware of the Gravity Vault's recommendation to inform my physician that I am planning on climbing at an indoor rock gym. I fully accept all responsibility for my health and any resultant injury or incident that may affect my well-being or health in any way. I represent and warrant to The Gravity Vault that I do not have any physical or psychological condition that would prevent me from using the Gym in the manner contemplated by The Gravity Vault or that would otherwise pose a risk to me or others.
PARTICIPATION IN OTHER GYM ACTIVITIES (INCLUDING BUT NOT LIMITED TO YOGA, CALISTHENICS, AND OTHER PHYSICAL ACTIVITY CLASSES OR EXPERIENCES THAT MAY OFFERED IN THE GYM FROM TIME TO TIME) INCLUDES PHYSICAL MOVEMENTS. AS IS THE CASE WITH ANY PHYSICAL ACTIVITY, THE RISK OF INJURY, EVEN SERIOUS OR DISABLING, IS ALWAYS PRESENT.
My presence in and use of the GYM facilities is entirely voluntarily and with a complete and full understanding that any and all such usage, including, but not limited to climbing, is entirely voluntary and with a complete and full understanding that any and all such usage involves all manner of hazards and dangers. I ASSUME ALL RISKS AND RESPONSIBILITY FOR ANY HARM, LOSS, DAMAGE, PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH TO ME OR OTHERS RESULTING FROM, ARISING OUT OF, OR ANY WAY IN RELATION TO MY USE OF OR PRESENCE IN THE GYM'S FACILITIES, GEAR, EQUIPMENT, CLIMBING WALLS AND APPARATUSES.
I understand and agree that my image may be captured by photograph and/or video by the GYM for Marketing purposes and that I will not be compensated in any way should my image be used in such material.
I have an obligation and responsibility to myself, as well as to other users of the GYM to conduct myself in a safe manner. I will not use the GYM while under the influence of drugs or alcohol or while suffering from or experiencing any other condition that might impair me.
I am responsible for checking, ensuring and maintaining the safety and safe operating condition of any and all equipment, gear, or apparel (including, but not limited to, anchors, ropes, carabiners, belay devices, harnesses and/or shoes) that I may utilize while present in or using the GYM regardless of where or from whom I may have obtained such equipment, gear, or apparel. I use and accept those items "as is" and use them at MY OWN RISK.
I have read, understand and agree to comply with the above agreements.
3. AGREEMENT FOR ACKNOWLEDGMENT OF RISK RELATED TO INFECTIOUS OR OTHERWISE COMMUNICABLE DISEASES
I hereby acknowledge that participation includes possible exposure to, and illness from, infectious or otherwise communicable diseases (hereinafter referred to as “infectious diseases”) including but not limited to MRSA, influenza, and COVID-19 (commonly sometimes referred to as “Corona Virus”). While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;
I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe and any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest staff member immediately; and,
I hereby agree that, to my knowledge, I have not been exposed or have not been in contact with any individual that has been exposed to or has likely been exposed to a communicable disease such as COVID-19 in the last fourteen (14) days*.
I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS The Gravity Vault Indoor Rock Gyms ("The Gym"), their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
* If you believe that you may have been exposed to an infectious disease, The Gym, to the legal extent allowable by law, strongly encourages you to seek appropriate medical treatment and advice and to avoid attending the Gym until you have been cleared to do so by a medical professional both for your safety and the safety of the Gym’s staff and other patrons.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
FOR PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT THE TIME OF REGISTRATION)
This is to certify that I, as parent/guardian, with legal responsibility for this participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against communicable diseases. Furthermore, my child/ward understands and accepts these risks and responsibilities. I for myself, my spouse, and child/ward do consent and agree to his/her release provided above for all the Releasees and myself, my spouse, and child/ward do release and agree to indemnify and hold harmless the Releasees for any and all liabilities incident to my minor child’s/ward’s presence or participation in these activities as provided above, EVEN IF ARISING FROM THEIR NEGLIGENCE OR THE NEGLIGENCE OF OTHER PATRONS, to the fullest extent provided by law.
I HEREBY WAIVE, RELEASE, AND DISCHARGE FOREVER, THE GYM PARTIES FROM ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, OR CAUSES OF ACTION WHATSOEVER, FOR ANY HARM, LOSS, DAMAGE, PROPERTY DAMAGE, PERSONAL INJURIES OR DEATH, DUE TO ANY NEGLIGENCE, GROSS NEGLIGENCE, OR ANY OTHER CAUSE (INCLUDING, BUT NOT LIMITED TO THE NEGLIGENCE OR GROSS NEGLIGENCE OF THE GYM PARTIES, OR ITS EMPLOYEES, CONTRACTORS OR AGENTS, OR OTHERWISE) RESULTING FROM, ARISING OUT OF, OR IN CONNECTION WITH MY PRESENCE IN OR USE OF THE GYM.
I HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE GYM PARTIES, AS DEFINED IN THIS DOCUMENT, FROM AND AGAINST ANY CLAIM, CAUSE OF ACTION, LIABILITY OR JUDGMENT RESULTING FROM, ARISING OUT OF, OR IN CONNECTION WITH MY PRESENCE IN AND/OR USE OF THE GYM, ITS FACILITIES, GEAR, EQUIPMENT, OR APPARATUSES.
I UNDERSTAND THAT BY SIGNING THIS AGREEMENT I AND ANY OF MY CHILDREN/WARDS WHO I AM SIGNING FOR SHALL HAVE (a) NO CLAIMS WHATSOEVER AGAINST, (b) HAVE NO RIGHT TO SUE, AND (c) HAVE NO RIGHT TO RECOVER ANY DAMAGES OR OTHER COMPENSATION FROM THE GYM PARTIES.
The GYM, shall have no responsibility for lost, damaged or stolen property while in or on the premises, or parking lots or in other areas within the vicinity of the GYM.
If any term or provision hereof is invalid, illegal or unenforceable, the invalid, illegal or unenforceable term or provision shall be stricken only to the minimal extent necessary, and the remaining terms and provisions hereof shall remain unimpaired. No provision hereof can be waived except expressly in writing signed by the GYM.
I AUTHORIZE GRAVITY VAULT TO STABILIZE ME OR OBTAIN MEDICAL CARE FOR OR TRANSPORT ME TO A MEDICAL FACILITY. I AGREE TO PAY ALL COSTS ASSOCIATED WITH SUCH MEDICAL CARE AND TRANSPORTATION AND I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS GRAVITY VAULT AND THE RELEASED PARTIES FROM THE CONSEQUENCES OF ANY SUCH CARE AND ANY SUCH COSTS INCURRED RELATING TO MY MEDICAL CARE.
THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT AND THE ENFORCEMENT THEREOF. I AGREE THAT ANY LAWSUIT BROUGHT AGAINST THE RELEASED PARTIES SHALL BE BROUGHT SOLELY IN THE STATE OR FEDERAL COURTS OF DUTCHESS COUNTY.
I REPRESENT AND ACKNOWLEDGE THAT I HAVE FULLY READ THIS AGREEMENT, AND HAVE HAD THE OPPORTUNITY TO ASK QUESTIONS. I FULLY UNDERSTAND EACH AND EVERY TERM. I AM VOLUNTARILY EXECUTING THIS AGREEMENT. I FURTHER UNDERSTAND THAT THIS AGREEMENT HAS NO EXPIRATION DATE.
I HEREBY EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN CONNECTION WITH THIS AGREEMENT AND MY PRESENCE IN OR USE OF THE GYM.
I CERTIFY THAT I AM THE PARTICIPANT LISTED ON THIS AGREEMENT AND PROVIDED MY INITIALS ABOVE INDICATING THAT I AGREE AND ACCEPT THE TERMS ON MY BEHALF.
I CERTIFY THAT I AM 18 YEARS OLD OR OVER.
Thank you for completing the online waiver!