NOTICE: THIS IS A LEGALLY
BINDING AGREEMENT.
By signing this agreement, you give up your right to bring a court action to
recover compensation or obtain any other remedy for any injury to yourself or
your property or for your death however caused arising out of your use of the
Climbing Wall, now or any time in the future.
Acknowledgment of Risk:
I HEREBY ACKNOWLEDGE
AND AGREE that the
sport of rock climbing and the use of the climbing wall or walls installed at
Columbus Fit, LLC (hereinafter “the Climbing Wall”) have inherent risks. I have full knowledge of the
nature and extent of all the risks associated with rock climbing and the use of
the Climbing Wall, including but not limited to the following:
1.
All
manner of injury resulting in falling off the Climbing Wall and hitting rock
faces and projections, whether permanently or temporarily in place,
or the floor;
2.
Rope
abrasion, entanglement and other injuries resulting from activities on or near
the Climbing Wall such as, but not limited to, climbing, belaying,
rappelling, lowering on rope, rescue systems, and any other rope techniques;
3.
Injuries
resulting from falling climbers or dropping items, such as, but not limited to,
ropes or climbing hardware;
4.
Cuts
and abrasions resulting from skin contact with the Climbing Wall;
5.
Failure
of rope, slings, harnesses, climbing hardware, anchor points, or any part of
the Climbing Wall structure.
I
further acknowledge that the above list is not inclusive of all possible risks
associated with the use of the Climbing Wall and that the above list in no way
limits the extent or reach of this release and covenant not to sue.
Release/Indemnification
and Covenant Not to Sue:
I, _____________________________________, the undersigned
user, in consideration of my use of the Climbing Wall, hereby agree to release
and on behalf of myself, my heirs, representatives, executors, administrators,
and assigns, hereby do RELEASE Columbus
Fit, LLC, its managers, members, officers, agents, contractors, lessors, and
employees from any cause of action, claim, or demand of any nature whatsoever,
including but not limited to, a claim of NEGLIGENCE, which I, my heirs,
representatives, executors, administrators and assigns may now have, or have in
the future against Columbus Fit, LLC, on account of personal injury, property
damage, death, or accident of any kind, arising out of or in any way related to
my use of the Climbing Wall whether that use is supervised or unsupervised,
however the injury or damage is caused, including, but not limited to, the
NEGLIGENCE of Columbus Fit, LLC, its managers, members, officers, agents,
contractors, lessors, and employees.
In consideration of my use of the Climbing Wall, I hereby
agree to INDEMNIFY AND HOLD HARMLESS Columbus
Fit, LLC, its managers, members, officers, agents, contractors, lessors, and
employees from any and all causes of action, claims, demands, losses, or costs
of any nature whatever, including attorney fees, arising out of, or in any way
related to, my use of the Climbing Wall.
I hereby certify that I have full knowledge of the nature
and extent of the risks inherent in the use of the Climbing Wall and that I am
voluntarily assuming the risks. I understand that I will be solely
responsible for any loss or damage, including death, I sustain while using the
Climbing Wall and that by this agreement, I am relieving Columbus Fit, LLC, their
managers, members, officers, agents, contractors, lessors, and employees of any
and all liability for such loss, damage, or death.
I further certify that I am in good health and that I have
no physical limitations which would preclude my safe use of the Climbing Wall.
I further certify that my date of birth is _______________________
(month/day/year), that my present age is ______, and that I am therefore of
lawful age (18 years or older) and otherwise legally competent to sign this
agreement. I further understand that the terms of this agreement are
legally binding and certify that I am signing this agreement, after have
carefully read it, of my own free will.
IN WITNESS WHEREOF, this instrument is duly executed at
WITNESS: USER OF THE CLIMBING
WALL:
__________________________ __________________________
Signature Signature
__________________________ __________________________
Printed Printed
WITNESS: PARENT OR GUARDIAN OF
USER
OF THE CLIMBING WALL
IF UNDER
THE AGE OF 18 YEARS:
__________________________ __________________________
Signature Signature
__________________________ __________________________
Printed Printed
The
Climbing Wall Safety Policies
I,
_______________________________________ (name of user of the Climbing Wall) accept
full responsibility for my own safety and the safety of other climbers while in
the Columbus Fit, LLC, facility. I further
agree to abide by, and to help enforce, the following climbing wall safety
policies:
1.
No
unbelayed climbing above the bouldering line.
2.
Climbers
must be roped and belayed through a belay plate. Belays must be
anchored. Roped climbers and belayers must wear harnesses.
3.
Lead
climbers must use adequate protection to eliminate the possibility of a ground
fall at all times.
4.
Inform
other climbers of any situation seen as unsafe or not in accordance with
Climbing Wall Safety Policies. All climbers are asked to assist and
encourage less experienced climbers.
5.
All
accidents or equipment damage must be reported immediately.
Columbus Fit, LLC, reserves the right to terminate the
membership of any individual permanently, or for a limited time, for violation
of any of these Climbing Wall Safety Policies, or for any conduct that is
viewed by Columbus Fit, LLC, as unsafe or inappropriate.
In further consideration of the use
of the Climbing Wall, I acknowledge that I have read and agree to abide by the
Climbing Wall Safety Policies.
WITNESS: USER OF THE CLIMBING
WALL:
__________________________ __________________________
Signature Signature
__________________________ __________________________
Printed Printed