Escalade Rock Climbing Gym ~ Escalade Rock Climbing Gym

Release of Liability

RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION AND COVENANT NOT TO SUE

This Release of Liability, Assumption of Risk, Indemnification and Covenant Not to Sue (“Agreement”) is an important legal document! By signing it, you are giving up certain rights. BE SURE TO READ IT CAREFULLY BEFORE SIGNING.

In consideration for being permitted to participate in one or more of the following activities offered by or involving, either directly or indirectly, Escalade, Inc. d/b/a Escalade Rock Climbing Gym (“Escalade”): (a) indoor rock climbing and using rock climbing equipment at 3694 Kennesaw South Industrial Drive, Suite B, Kennesaw, Georgia 30144 (the “Gym”); (b) rock climbing classes at the Gym; (c) other activities or classes offered at the Gym including, but not limited to, pilates, yoga, or aerial silks; (d) outdoor rock climbing trips to destinations in Georgia or other states (the “Trips”); (e) competitions at the Gym or at other facilities; and/or (f) training or coaching from Escalade personnel either at the Gym, on a Trip, or at a competition at another location (individually or collectively referred to hereinafter as the “Activities”) I, the undersigned, hereby agree as follows:

1) RELEASE OF LIABILITY. I hereby release and forever discharge Escalade, its employees, instructors, agents, representatives, officers, directors, agents, successors and assigns (hereinafter collectively referred to as the “Released Parties”), from any and all liability, claims, demands, or causes of action whatsoever, whether known or unknown, suspected or unsuspected, arising out of any damage, loss, or injury to me or my property, or my death, as a result of or in any way connected with my participation in any of the Activities, whether resulting from the negligence or other fault, either active or passive, of any of the Released Parties, or from any other cause.

2) ASSUMPTION OF RISK. I know and understand the scope, nature and extent of the risks involved in the Activities and that some dangers cannot be foreseen. I understand that these risks include, but are not limited to: broken bones; sprains; contusions; lacerations; concussion; heart attack; paralysis; death; falls from, or contact with rocks, walls, or equipment; loose or damaged holds; equipment malfunction or failure to function; defective or negligent design or manufacture of equipment; improper or negligent operation or use of the equipment; improper or negligent instruction or supervision. I further understand that I may be exposed to other risks that may not be foreseeable. I voluntarily, freely, and expressly choose to incur all risks associated with the Activities, whether known or unknown, understanding that those risks may include bodily and personal injury, damage to property, disfigurement, paralysis, or death. I voluntarily and freely choose to incur such risks and take responsibility therefore.

3) AGREEMENT NOT TO SUE. I hereby agree never to institute any lawsuit or cause of action against any of the Released Parties, or to initiate or to assist in the prosecution of any claim for damages against the Released Parties, which I may have by reason of injury to my person or property, or my death arising from the Activities, whether caused by the negligence or fault, active or passive, of any of the Released Parties, or from any other cause. I further agree that my heirs, executors, administrators, personal representatives, or any one else claiming on my behalf, shall not institute any lawsuit, cause of action, or claim for damages against any of the Released Parties, nor shall they initiate or assist in the prosecution of any claim for damages against the Released Parties, which I, my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf may have by reason of injury to my person or property, or my death, arising from the Activities, whether caused by the negligence or fault, either active or passive, of any of the Released Parties, or from any other causes. I hereby so instruct my heirs, executors, administrators, personal representatives, or anyone else claiming on my behalf. If I institute, or if anyone on my behalf institutes, any lawsuit, cause of action, or claim for damages against any of the Released Parties because of injury to my person or property, or my death, as a result of my participation in the Activities, I agree that such Released Parties shall be entitled to recover from such suing party all attorneys’ fees and costs incurred in the defense of such lawsuit or cause of action, including any actions arising there from.

4) INDEMNITY AGAINST THIRD PARTY CLAIMS. I agree to indemnify, save, defend, and hold harmless the Released Parties from any and all losses, claims, actions, or proceedings of every kind and character, including attorneys’ fees and expenses, which may be presented or initiated by any person or organization and which may arise directly or indirectly from my participation in the Activities, whether resulting from the negligence or other fault, either active or passive, of any of the Released Parties, or from any other cause.

5) LIMITATION OF WARRANTY. The Released Parties warrant that the equipment provided for indoor or outdoor rock climbing has been previously used for rock climbing activities. THIS WARRANTY IS THE ONLY WARRANTY MADE AND IS MADE IN LIEU OF ANY OTHER WARRANTIES, EXPRESS, IMPLIED OR IMPOSED BY LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. I UNDERSTAND AND ACCEPT THIS LIMITATION OF WARRANTY.

6) APPLICABLE LAW/WAIVER OF JURY TRIAL/VENUE/HEADINGS. I agree that the laws of the State of Georgia shall apply to issues involving the construction, interpretation, and validity of this Agreement, and that Georgia law shall govern any dispute arising from the Activities. Should this Agreement be violated and suit be brought against any of the Released Parties, I hereby waive my right to a jury trial and consent to personal jurisdiction and service and venue in the of the federal and state courts located in Cobb County, Georgia. The headings used throughout this Agreement are for convenience only and have no significance in the interpretation of the body of this Agreement.

7) SEVERABILITY OF PROVISIONS. I agree that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Georgia. I further agree that if any portions of this Agreement are found to be unenforceable or against public policy, only those portions shall fail and I agree to be bound to the remainder of the Agreement. Any provision held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. I specifically waive any unenforceability or public policy argument that I could make or could be made on behalf of my estate or by anyone who would sue the Released Parties as a result of my participation in the Activities.

8) CONTINUATION OF OBLIGATIONS. I agree that the terms and conditions of this Agreement shall continue in full force and effect now and in the future at all times during which I participate, either directly or indirectly, in the Activities, and shall be binding upon my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf. This Agreement supersedes and replaces any prior such agreement between the Released Parties and myself.

9) PHYSICAL AND MENTAL CAPABILITIES. I confirm that I am physically and mentally capable of participating in the Activities in which I choose to participate and of using the related equipment, if any. If my mental or physical condition changes after the execution of this Agreement such that I am no longer capable of participating in the Activities or using the equipment, I will immediately cease participating in the Activities and using the equipment.

10) MEDICAL AUTHORIZATION. I authorize the Released Parties to administer first aid and/or CPR as they deem appropriate in their sole discretion. In the event that I am unconscious or unable to make medical decisions for myself, I authorize the Released Parties to obtain emergency medical services and treatment for me including, but not limited to, arranging for transportation to the nearest medical facility, as the Released Parties deem appropriate in their sole discretion. I agree to abide and be bound by such decisions as if made by me and do assume full financial responsibility for and agree to pay all expenses of such care and/or transportation. I acknowledge that it is my responsibility to secure adequate insurance for such first aid and medical care.

11) PHOTO & VIDEO RELEASE. I acknowledge and agree that photographs and/or video may be taken of me while I am involved in the Activities in any manner or in the Gym. I hereby grant Escalade, its legal representatives, successors and assigns, the irrevocable and unrestricted right (a) to use my likeness and publish photographs and/or video images of me for editorial, trade, advertising, commercial, and any other business purpose, including, but not limited to, as evidence in litigation, in any manner and medium, and (b) to edit, alter, copy, copyright, exhibit, or distribute the same without restriction. I hereby waive the right to inspect or approve the finished product wherein my likeness appears and waive any right to payment, royalties or other compensation arising or related to the use of any photograph or video. I hereby release Escalade and its legal representatives and assigns from all claims and liability relating to said photographs or videos.

12) RULES AND CONDITIONS. I acknowledge that the rules and conditions of the Released Parties and Gym are subject to change at any time in the sole discretion of the Released Parties. I agree to pay attention to the state of any ropes, anchors and other equipment I may use and to immediately advise Escalade personnel if I do any damage or notice any damage. I agree to read and abide by all rules in effect each and every time I participate in the Activities. I agree to promptly comply with all requests and/or instructions from the Released Parties and I acknowledge that the Released Parties may at any time revoke my right to participate, directly or indirectly, in any of the Activities and may direct me to leave the Gym if I fail to comply with any rule, request or instruction.

13) CERTIFICATION/WAIVER OF RIGHTS. I hereby certify that I am 18 years of age or older and have full legal authority to sign this Agreement, OR I certify that I am the parent or legal guardian (“Parent”) of a participant in the Activities who is not 18 years of age or older and I hereby grant permission for such minor child to participate in the Activities. If I am a Parent, I represent and acknowledge that I have advised my child to abide by all rules, directives and procedures established by the Released Parties and that I have the full legal right and authority to grant said permission and sign this Agreement on behalf of my minor child. By agreeing below, I hereby certify that I have read this entire Agreement, that I understand its terms, that I am voluntarily giving up the legal rights that I, or my minor child, if applicable, might otherwise have, and that I have signed this Agreement knowingly and voluntarily.