THE GRAVITY VAULT INDOOR ROCK GYMS
TERMS OF GYM USE AND WAIVER AND RELEASE OF CLAIMS AGREEMENT
Rock Your World Climbing Gym and Cafe, LLC dba The Gravity Vault
17A Minneakoning Road, Flemington, NJ 08822
THE GRAVITY VAULT POLICIES
The Gravity Vault reserves the right to add or change The Gravity Vault General Rules and Climbing Policies from time to time. Any such addition or change to these policies will be posted in the lobby of The Gravity Vault. Climbers and others using The Gravity Vault are required to inform themselves of any new rules or rule changes upon entering the Lobby and prior to entering any other part of The Gravity Vault facilities. If you are signing this agreement on behalf of a minor the arbitration clause set forth below is applicable.
I have read and agree to abide by the above GENERAL RULES AND CLIMBING POLICIES.
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") 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 TO OTHER INDIVIDUAL(S) FROM, FOR EXAMPLE, (a) FALLS FROM THE CLIMBING SURFACE ONTO THE FLOOR, ROCK SURFACE, PROJECTIONS OR OTHER OBJECTS, (b) FALLING ONTO OTHER INDIVIDUAL(S) PRESENT, (c) CLIMBERS OR 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.
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 including death and serious bodily injury. I ASSUME ALL RISKS AND RESPONSIBILITY FOR ANY HARM, LOSS, DAMAGE, PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH TO ME OR TO 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 have an obligation and responsibility to myself, as well as to other users of the GYM facilities to conduct myself in a safe manner. I will not use the GYM facilities 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 facilities 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 HEREBY WAIVE, RELEASE, AND DISCHARGE FOREVER, THE GYM, AS DEFINED ON PAGE 2 OF THIS DOCUMENT, 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, AS DEFINED ON PAGE 2 OF THIS DOCUMENT, OR OTHERWISE) RESULTING FROM, ARISING OUT OF, OR IN CONNECTION WITH MY PRESENCE IN OR USE OF THE GYM FACILIITIES.
I HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE GYM, AS DEFINED ON PAGE 2 OF 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 THE GYM, AS DEFINED ON PAGE 2 OF THIS DOCUMENT, (b) NO RIGHT TO SUE THE GYM, AS DEFINED ON PAGE 2 OF THIS DOCUMENT AND (c) NO RIGHT TO RECOVER ANY DAMAGES OR OTHER COMPENSATION FROM THE GYM, AS DEFINED ON PAGE 2 OF THIS DOCUMENT.
The GYM, as defined on page 2 of this document, 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 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 UNDERSTAND THAT BY SIGNING THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS. I AM VOLUNTARILY EXECUTING THIS AGREEMENT. I FURTHER UNDERSTAND THAT THIS AGREEMENT HAS NO EXPIRATION DATE.
AGREED AND ACCEPTED:
PLEASE COMPLETE THE REST OF THIS LEGAL AGREEMENT IF SIGNING ON BEHALF OF A MINOR (ARBITRATION CLAUSE) READ and UNDERSTAND BEFORE SIGNING.
In consideration of being allowed to use the GYM facilities and to participate in any way in the programs, related events and activities, and allowed entry to the GYM facilities and access to all services, today and on all future days, I the undersigned, acknowledge, appreciate, and agree that:
1. There is a risk of serious injury from the use of the GYM facilities and participating in the activities involved in any program. These risks are significant, including the potential for permanent paralysis and death.
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF THE RELEASEES or other individuals, and assume full responsibility for my participation.
3. I willingly agree to comply with terms and conditions for using the GYM facilities and participating in any programs at the GYM. I agree to immediately bring such to the attention of the nearest GYM employee, any unusual hazard or any problem with any gear, equipment or apparatus during my presence or participation at the GYM facilities and, I will remove myself from participation.
4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS THE Rock Your World Climbing Gym and Cafe, LLC DBA The Gravity Vault, its officers, owners, members, officials, agents and/or employees, other participants, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the event (RELEASEES), from any and all claims, demands, losses, and liability arising out of or related to any INJURY, DISABILITY OR DEATH I may suffer, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF THE RELEASEES. OTHER INDIVIDUAL(S) OR OTHERWISE, to the fullest extent permitted by law.
5. This document constitutes the final and entire Agreement between Rock Your World Climbing Gym and Cafe, LLC DBA The Gravity Vault and myself. I understand this agreement is a contract. I fully accept the terms and conditions of the Agreement. I understand that Rock Your World Climbing Gym and Cafe, LLC DBA The Gravity Vault has made no warranties express or implied to me.
6. I understand that by making and signing this Agreement, I relinquish and surrender valuable legal rights of myself, my heirs, my assigns, and successors, including but not limited to my right to sue Rock Your World Climbing Gym and Cafe, LLC DBA The Gravity Vault and all of its successors, assigns, affiliates, officers, directors, employees and agents.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
FOR PARENTS/GUARDIANS OF PARTICIPANT OF MINOR AGE (UNDER AGE 18 AT TIME OF REGISTRATION)
1. This is to certify that I, as parent/guardian, with legal responsibility and legal right to enter into this Release of Liability for this minor participant, do consent and agree to his/her release, as provided above, of all the Releasees, and, for myself, my heirs, assigns, and next of kin, I release and agree to personally indemnify and hold harmless the Releasees from any and all liability arising out of or resulting from my minor child's use of the GYM's facilities, equipment, gear or apparatus or my minor child's participation in any programs at the GYM, EVEN IF LIABILITY ARISES FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF THE RELEASEES, OR OTHER INDIVIDUAL(S), to the fullest extent permitted by law
2. I understand that if the minor child for whom I am signing this Agreement is injured and a claim is brought on that minor's behalf, a demand must be filed before the American Arbitration Association (AAA). The AAA is an independent agency which resolves disputes fairly and without favoritism. The address of the Association is 220 Davidson Avenue, Somerset, New Jersey 08873. The telephone number is (732)560-9560. You agree that any dispute between you and Rock Your World Climbing Gym and Cafe LLC, DBA The Gravity Vault will be decided by the AAA and that the Arbitration Hearing will take place in Camden County, New Jersey. You are not required to hire a lawyer to make your claim. If you hire your own lawyer, you must pay your own lawyer. If you or Rock Your World Climbing Gym and Cafe LLC DBA The Gravity Vault does not follow the requirements of this document, then you or Rock Your World Climbing Gym and Cafe LLC, DBA The Gravity Vault may be required to pay the other party's attorney fees.
3. Because attendance and participation in activities at Rock Your World Climbing Gym and Cafe LLC, DBA The Gravity Vault has the inherent risk of serious bodily injury or death to your minor child, Rock Your World Climbing Gym and Cafe LLC, DBA The Gravity Vault requires, in consideration of the use of the GYM facilities, gear, equipment and apparatus, you to give up valuable legal rights for both you and your minor child by signing this Agreement. By signing this agreement you relinquish and surrender the following rights for yourself and the minor for whom you sign:
(A) You give up the right to sue Rock Your World Climbing Gym and Cafe LLC, DBA The Gravity Vault in a court of law. You (or persons on behalf of the minor) must arbitrate any claim;
(B) You give up the right to a trial by jury. You (or persons on behalf of the minor) must arbitrate a claim;
(C) You give up the right to claim money or other compensation from Rock Your World Climbing Gym and Cafe LLC. DBA The Gravity Vault if the minor is injured unless Rock Your World Climbing Gym and Cafe LLC, DBA The Gravity Vault intentionally and willfully failed to prevent or correct a hazardous or unsafe condition.
(D) You give up the right to recover damages or punish or make an example of Rock Your World Climbing Gym and Cafe LLC, DBA The Gravity Vault.
(E) You give up the right to choose the state and county where the Arbitration Hearing will be conducted and you must arbitrate the case in Somerset County, New Jersey.
4. You and your minor are bound by this document. Anyone who has or can obtain your or the minor child's rights is also bound by this document, such as your or the minor's family, relatives, guardians, executives or anyone responsible for you or the minor child. As used in this document, Rock Your World Climbing Gym and Cafe LLC, DBA The Gravity Vault, includes the people who work for and are associate with Rock Your World Climbing Gym and Cafe LLC, DBA The Gravity Vault, such as its owners, managers, employees, officers, directors, members, stock holders, agents, investors, volunteers, sponsors, vendors and exhibiters. The person signing on behalf of the minor child agrees to indemnify and hold Rock Your World Climbing Gym and Cafe, LLC DBA The Gravity Vault harmless from any and all actions brought by or on behalf of the minor child.
I CERTIFY THAT I AM 18 YEARS OR OLDER.
Thank you for completing the online waiver!