REQUIRED ASSUMPTION OF RISK, RELEASE, AND WAIVER OF LIABILITY (hereinafter ”Entrance Agreement”)
This is an important legal document and you must read and understand it before signing.
Inner Peaks, Inc., d/b/a “Inner Peaks Climbing Center”, “Inner Peaks Climbing and Fitness”, and “Inner Peace Yoga” (“Inner Peaks”) operates, or intends to operate, facilities at Suite 170 - 9535 Monroe Road, and 2220 South Tryon Street, both in Charlotte, North Carolina (each a “Facility” and collectively the “Facilities”) for recreational climbing, yoga and fitness activities including indoor climbing, bouldering, belaying, rappelling, lowering on ropes, rescue systems, yoga classes, slacklining, use of workout equipment, and other activities. Inner Peaks also conducts planned climbing and other activities outside of the Facilities. All such climbing, yoga, fitness, exercise and other like activities, both at the Facilities and away from the Facilities, are hereafter referred to as the “Activities”. In consideration of being permitted to participate in certain of the Activities, I do acknowledge, appreciate and agree that:
1. ASSUMPTION OF RISK. In any physical activity, risk of serious physical injury is possible. I am fully aware and understand that: (i) there are inherent risks in participating in the Activities; (ii) the risk of injury resulting from any of the Activities is significant; (iii) there are physical risks involved with any strenuous exercise; (iv) Inner Peaks advises me to obtain the advice of a physician prior to beginning a new exercise program; and (v) it is my personal responsibility to consult with my doctor regarding my participation. I do knowingly and freely assume all risks (both known and unknown) and take full responsibility for my participation in all Activities. I represent to Inner Peaks that I: (i) have no medical condition which would prevent me from taking part in the Activities for which I have registered, and (ii) I am in good health and in proper physical condition to participate in those Activities. I assume responsibility for any loss or injury I may sustain or cause as a result of my participation in any Activity.
2. CONDUCT. I will comply with ALL Inner Peaks rules, both written and as stated to me by Inner Peaks staff during my participation in all Activities. I will obey the Inner Peaks staff in regards to those rules as they affect the safety of myself, other participants and observers, the property of Inner Peaks, and all natural resources used in conjunction with Activities. If I observe any hazards, either subjective or objective, to myself, other Activity participants, Inner Peaks staff, Inner Peaks property, a Facility, or natural resources used in conjunction with Activities, I will immediately bring those hazards to the attention of the nearest Inner Peaks staff.
3. SPECIFIC TO CLIMBING: When climbing, injury may result from falling and hitting the floor, wall faces, people, rope, or fixtures. Climbing risks also include, but are not limited to, injuries resulting from rope abrasion, rope entanglement, dropped items, other climbers, swinging belayers, failure to attach or properly attach to belay systems and failure of ropes, slings, harnesses, knots, climbing holds, anchor points, auto belay devices or any part of the climbing wall.
4. SPECIFIC TO YOGA: Yoga is no substitute for medical diagnosis and treatment. Yoga practice or certain specific poses are not recommended for individuals with certain conditions (e.g., cardiac illness, later stages of pregnancy, or recent surgery). I recognize that it is my responsibility to notify my teacher of any serious illness or injury before every yoga class. I will not perform any postures to the extent of strain or pain.
5. RELEASE: I hereby release and discharge Inner Peaks, its owners, affiliates, agents and employees, and their successors and assigns (all collectively the “Operators”) from any and all injuries, losses, liabilities, causes of action, suits, claims, and damages (including attorneys fees and costs) related to my participation in the Activities or my presence in or about a Facility (and participation or presence in or about a Facility by my child or any minor over whom I have supervisory custody or guardianship); including, without limitation, all liability and claims for property damage, personal injuries or wrongful death, even though such injury, loss or damage results from the negligence (but not gross negligence) of an Operator. This release is binding on my heirs, successors, assigns and agents. If I see or hear anything I feel is questionable or dangerous, it is my responsibility to ask or inform Inner Peaks employees and avoid any situation I believe is dangerous until the condition is corrected or my question is satisfactorily answered.
6. INDEMNIFICATION: I hereby agree that I will not sue any Operator with regard to, and I will indemnify and hold the Operators harmless from, any and all liabilities, suits, claims, actions, demands, losses and costs of any nature whatsoever (including attorneys fees and costs) arising out of or in any way relating to my participation in any of the Activities and my use of a Facility (or the participation or use of my child or any minor over whom I have supervisory custody or guardianship), even though such injury, loss or damage results from the negligence (but not gross negligence) of one or more Operators. This indemnification is binding on my heirs, successors, assigns and agents.
7. SPECIFIC TO MINORS: This is to certify that I am the parent or court appointed guardian of the participating minor named below and I consent for him /her to participate in the Activities and/or use the Facilities. With legal responsibility for the participating minor, I (binding my heirs, successors and next of kin) do consent and agree to his/her release, as provided in this Entrance Agreement, of all the Operators. I have read, explained to the participating minor, and individually agree to all provisions of this Entrance Agreement and I further release and agree to indemnify and hold harmless the Operators from any liabilities whether to the participating minor or to others (including attorney fees and costs) resulting from or incident to the minor’s involvement, observation, or participation in Activities and/or use of the Facilities, to the fullest extent of the law.
8. MISCELLANEOUS: I understand that Inner Peaks reserves the right to refuse or terminate service to me for any nondiscriminatory reason at any time. Inner Peaks. reserves the right to use any photograph or other media taken of me by Inner Peaks to be used in Inner Peaks promotional materials, brochures and/or related website. This Entrance Agreement: (i) shall remain in full force and effect until it is cancelled by Inner Peaks or modified by written agreement signed by all parties; (ii) shall not be modified or waived, in whole or in part, except by written agreement signed by Inner Peaks, and (iii) shall be governed by and interpreted under the laws of the state of North Carolina without reference to the choice-of-law rules of that state.
I, the undersigned, recognize the dangers inherent in the Activities. I am assuming the hazard of this risk upon myself since I wish to participate. I realize I am subject to injury from any of the Activities and that no form of preplanning can remove all of the danger to which I am exposing myself (or minor children under my supervision). I HAVE READ, UNDERSTOOD, AND DO HEREBY AGREE TO ABIDE BY THE TERMS OF THIS ENTRANCE AGREEMENT AND THEREFORE DO EXECUTE IT UNDER SEAL. I AM UNDER NO INDUCEMENT TO SIGN, AND I REALIZE THAT BY DOING SO, I GIVE UP SUBSTANTIAL RIGHTS.
Participant’s First name: Participants Last name:
Phone #: Date of Birth:
City: State: Zip:
REQUIRED: In case of emergency please call: Phone #:
You have the option to have this Entrance Agreement provided to you in paper rather than electronic form. If you desire your record to be in paper form, you must complete the Entrance Agreement in person at a Facility.
If you wish to terminate this Entrance Agreement or update any information therein, either with regard to yourself or to a minor, you should do so personally at a Facility by notifying an employee at the entrance desk. A participant will no longer be permitted to use the Facilities, or engage in any of the Activities, once their Entrance Agreement is terminated.
Your completed Entrance Agreement will be emailed, as a PDF (portable document format) file, to the email address you have provided. You will need a working email account, a computer with a storage device capable of saving a file in Adobe PDF format, and Adobe Reader or other PDF viewer software to retain and access the completed Entrance Agreement PDF file.
If you wish to obtain a paper copy of your electronically executed Entrance Agreement, you may print the PDF that will be emailed to you, or you may request a paper copy at the entrance desk of a Facility.