Release of Liability and Assumption of Risk
Please Read this Document Carefully
This Document must be signed by an adult at least eighteen years of age
The individual named below desires: (a) to use or be granted access to one or more of The Pad Climbing gyms (‘Facility’), owned or operated by any of the following entities (collectively ‘Climbing Gyms’): The Pad Climbing, The Pad Henderson, The Pad Slo, or such other entity or entities that may be owned directly or indirectly, in whole or in part, by The Pad Climbing and all of their predecessors and successors; (b) to participate in trips, competition, camps, climbing courses, adventures, and/or other types of events (collectively ‘Events’) which may take place at a Facility or are otherwise sponsored by or involve the Climbing Gyms or the Climbing Gyms officers, directors, employees, contractors, agents, affiliated entities, landlords and property managers (together with the Climbing Gyms, collectively “Released Parties”); and/or (c) engage in wall climbing, bouldering, other climbing activities, sports, yoga, fitness activities, or any of the various other types of activities (collectively, “Activities”), which may take place at a Facility or are otherwise provided or sponsored by or involve the Climbing Gyms or any of the other Released Parties. All references to “the Facility” throughout this Waiver and Release of Liability For Any Injury Or Death And Assumption Of Risks (“Release”) includes all rooms, areas, and spaces on the interior of each Facility, the exterior of each Facility, and the parking lot of each Facility. For purposes of this Release only, I agree that the “Events” and “Activities” span from the time I leave my residence prior to each particular Event or Activity to the time that I return to my residence after the conclusion of that Event or Activity, as the case may be.
In consideration for the Climbing Gyms permitting me and/or my child (collectively “me,” “I,” or “my”) to use the Facilities, to participate in the Events and/or engage in the Activities, I have agreed to execute this Release.
- I WAIVE AND RELEASE THE RELEASED PARTIES FROM MY DEATH AND ANY INJURY, LOSS, DAMAGE, EXPENSE, ACTION, CLAIM, AND LIABILITY ARISING OUT OF ANY USE OF THE FACILITIES, THE PARTICIPATION IN ANY EVENTS, OR THE ENGAGEMENT IN ANY OF THE ACTIVITIES:
I agree to release and discharge the Climbing Gyms and the other Released Parties from liability or my death and any and all past, present, or future injuries, losses, damages, expenses, property damage, social losses, economic losses, actions, claims, and liabilities, whether known or unknown, anticipated or unanticipated, suspected or unsuspected, relating to or arising from: (i) the use of any Facility or equipment located at any Facility; (ii) my participation in Events sponsored by or involving any Facility, the Climbing Gyms, or any of the other Released Parties; (iii) participation in or observation of the Activities sponsored by or involving any Facility, the Climbing Gyms, or any of the other Released Parties; (iv) my interaction with any of the Released Parties; (v) my placement in the care, custody, or control of any of the Released Parties. This Release is intended to release and discharge the Released Parties from any and all losses, damages, expenses, actions, claims, and liabilities of any nature whatsoever such as losses, damages, expenses, actions, claims, and liabilities arising from or related to the negligence of, or the breach of any duties which may be owed by, the Released Parties. I understand this Release prohibits me from filing a lawsuit against any of the Released Parties for any of the reasons identified in this paragraph, now or in the future, and from recovering any losses, damages, or expenses against any of the Released Parties.
- I ASSUME THE RISK OF INJURIES OR DEATH ASSOCIATED WITH THE USE OF THE FACILITIES; THE PARTICIPATION IN ANY OF THE EVENTS, OR THE ENGAGEMENT OF ANY OF THE ACTIVITIES:
I understand that there are significant elements of risk associated with use of the facility, participation in Events, and engaging in the Activities that may be sponsored by or otherwise involve the Facility, Climbing Gyms, or any of the other Released Parties. I understand and acknowledge that certain risks cannot be eliminated due to the nature of the Events or the Activities, and that these elements and risks may be causes of injury, illness, permanent disability, trauma, or death. These risks and dangers include, but are not limited to falling; landing on or striking padded or unpadded surfaces; being injured by falling objects or participants; being injured by the actions or inactions of other participants; including but not limited to other participants’ failure to belay properly; movement of climbing holds, equipment failure of any kind; and physical injury as a result of engaging in physical activity. I recognize that the foregoing list of risks are examples of the risks I am assuming by using the Facilities and/or participating in the Events or Activities and that I am also assuming risks not specifically listed above. I recognize if I encounter these risks, serious injury or death may result, and I understand that no amount of care, caution, instruction, or expertise can eliminate these risks.
I acknowledge that using the Facilities, participating in the Events, and engaging in the Activities sponsored by or involving the Facility, Climbing Gyms, or any of the other Released Parties involves certain risks, inherent and otherwise, including the risk of death or serious personal injury , regardless of whether I follow the Climbing Gyms’ safety instructions or recommendations, such as those pertaining to Facility rules and regulations, climbning, bouldering, instructional programs, or involving my choice of equipment to use or whether or not to use a helmet or any other safety device. I agree to assume all such risks, as well as any other risks involved in using the Facility, participating in the Events, and/or engaging in the Activities sponsored by or involving the Facility, Climbing Gyms, or any of the other Released Parties.
- I AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASED PARTIES:
I further agree to indemnify, hold harmless, and defend the Released Parties from and against all loss, damage, liability, claim, and expense, including costs and attorneys’ fees, incurred by any of the Released Parties as a result of my using the Facilities, participating in the Events, and/or engaging in the Activities sponsored by or involving the Facility, Climbing Gyms, or any of the other Released Parties, including any loss, damage, liability, claim, and expense arising out of the Climbing Gyms’ own negligence. I understand that this section means I will have to reimburse the Climbing Gyms or any of the other Released Parties for any losses, damages, liabilities, claims, costs, attorneys’ fees, or expenses sustained by the Released Parties as a result of my using the Facilities, participating in the Events, and/or engaging in the Activities sponsored by or involving the Facility, Climbing Gyms, or any of the other Released Parties.
- I WAIVER MY RIGHT TO A JURY TRIAL AND CONSENT TO CHOICE OF LAW, ETC;
I SPECIFICALLY WAIVE (AND RELEASED PARTIES, BY ITS ACCEPTANCE HEREOF WAIVES) THE RIGHT TO A TRIAL BY JURY IN ANY ACTION BROUGHT BY OR AGAINST THE CLIMBING GYMS OR ANY OF THE OTHER RELEASED PARTIES.
The laws in the State in which I use a Facility , participate in an Event, or engage in an Activity shall govern the rights and the obligation of the parties to this Release and the interpretation, construction and enforceability of this Release. If any dispute shall arise between me and the Climbing Gyms or any of the other Released Parties, I agree that any lawsuit brought by or behalf of me against any of the Released Parties shall be brought solely in a Federal or State court located in one of the states where a Facility is located or where an Event or Activity took place. This Release shall be effective upon my execution hereof and shall continue in force, unless sooner terminated pursuant to a written notice, for so long as I or (if applicable) my child or such other below-named “Participant” use a Facility, participate in an Event, and/or engage in an activity using the Facilities, participating in the Events, and/or engaging in the Activities sponsored by or involving Climbing Gyms or any of the other Released Parties
- I PERMIT THE USE OF MY LIKENESS:
I acknowledge and agree that the Climbing Gyms reserve the right to use any photograph, video recording, audio recording, or any other media taken at the Facilities, during Events, or in connection with any of the Activities involving the Climbing Gyms or any of the other Released Parties in connection with the Climbing Gyms and the Released Parties’ promotional material, brochures, and website.
If any term, provision, or condition, or any part thereof, of this Release shall for any reason to be found invalid or unenforceable by any court or governmental agency of competent jurisdiction, such invalidity or unenforceability shall not affect the remainder of such term, provision, or condition or any other term, provision, or condition, and this Release shall survive and be construed as if such invalid or unenforceable term , provision, or condition had not been contained therein.
I HAVE READ AND I UNDERSTAND THE FOREGOING ACKNOWLEDGEMENT OF RISK, ASSUMPTION OF RISK AND RESPONSIBILITY, AND RELEASE OF LIABILITY FOR ANY INJURY OR DEATH. I UNDERSTAND THAT BY SIGNING THIS FORM I MAY BE WAIVING VALUABLE LEGAL RIGHTS.
THIS RELEASE IS A BINDING LEGAL CONTRACT.
PLEASE READ IT CAREFULLY BEFORE SIGNING.
- All visitors must check in at the front desk before proceeding into the facility.
- Climbing is dangerous and there are inherent risks. Visitors must assume the risks of climbing and entering the facility. All Visitors to the gym wishing to proceed past the front desk must sign the Waiver, Release of Liability and Assumption of Risks form.
- All visitors must be familiar with and follow all posted rules of the Facility and guidance from any Staff member, which may go above and beyond what is listed here.
- Double check yours and your partners safety system (harness, knots, belay device, etc) before every climb! Staff reserves the right to check safety systems at any time. Individuals who choose to bring and use their own equipment must assume and accept all responsibility for the proper selection, use, care, inspection, and maintenance of that equipment.
- Individuals desiring to top rope belay, lead belay, or lead climb at The Pad must be at least 14 years old and pass the corresponding Belay Test.
- All persons using the Facility are expected to respect other individuals and conduct themselves in good order. Participation in climbing and fitness activities while under the influence of any drugs or alcohol is not permitted. Persons deemed by the staff to be behaving in an unsafe or disorderly fashion will be asked to leave the Facility. Being disrespectful to staff and the community or breaking of facility rules may result in termination of membership without refund.
- Youth: Youth climbers under the age of 14 must be supervised by an adult or staff member at all times. Parents and caregivers are responsible for the supervision of their children. Limited exceptions to this rule are made for Youth Team Members of the Facility.
24/7 Members Only Access Notice
Some of the Facilities are accessible 24 hours a day, 7 days a week by Members Only. This access is not guaranteed at any time, and is revocable at any time by the Climbing Gyms for any reason.
Roped areas in all Pad gyms are only accessible during staffed hours.
Members using the gym outside of staffed hours agree to follow all supplied rules including, but not limited to: not coming into the gym intoxicated in any way, not allowing non-members into the gym after hours, being a safe and supportive climber, not climbing on the rope walls, and reporting any rule breaking as soon as possible to gym staff. Failure to follow these rules may result in a fine and/or a ban from the gym.
- I agree that I have received a Bouldering Orientation from a designated staff member and am familiar with the rules and guidelines for Bouldering at the Facility. (Initial)
- Bouldering (un-roped climbing) is permitted only in designated bouldering areas. No bouldering is permitted in the roped climbing area.
- Bouldering involves increased risks because you will fall and ALL FALLS ARE GROUND FALLS which could result in injury or death.
- Padded floors do not and cannot guarantee prevention of injury and death. Injury or death is more likely when you fall at or near the top of the wall.
- Please keep your head at or below the top of the boulders at all times.
- To Reduce Risk Of Injury:
- Down climb when possible instead of jumping off
- Keep Landing Zones clear by not walking under climbers or lounge on pads
- Utilize proper falling technique as instructed in the Bouldering Orientation
- Top Out Bouldering is permitted in designated areas only. It involves summiting a bouldering wall, then proceeding to the designated down climbing area. Use designated descent paths only and use caution when descending. Topping out is for experienced climbers.
- While The Pad takes substantial measures to mitgate the risks of Bouldering, all risks cannot be eliminated. Risks of injury or death are present even when you and The Pad take all available safety measures.
I acknowledge, for myself and any minor child or children on whose behalf I have signed this Release of Liability and Assumption of Risks form (“Release”), that: (a) I have read the Release and fully understand all of the terms of the Release; (b) I agree that nothing in the Bouldering Orientation, Facility Orientation, or 24/7 Members Only Access Notice unto which this Acknowledgement is attached shall be construed to alter, modify, or extinguish any element of the Release, or any agreement made by me thereunder; (c) I understand that I or such minor child or children identified as the “Participant” on the Release require orientation and/or training before participating in climbing and/or bouldering activities in any of the Facilities listed in this Release; (d) I understand that The Pad may require me to pass an assessment or assessments prior to allowing me or such Participant to participate in certain activities; (e) I understand that if I or such Participant need(s) additional assistance, orientation, instruction, training, or assessment during my or such Participants’ participation at any Facility at any future time, then it is my responsibility to seek such assistance, orientation, instruction, training, or assessment from a qualified staff members prior to participating in any activity for which I am not, or such Participant is not, trained or qualified; and (f) my signature indicates that I understand the information and acknowledgements set forth above.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT.
I HAVE READ AND UNDERSTAND IT, AND PARTICIPANT AGREES TO BE BOUND BY ITS TERMS.
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.
Signature of Participant and/or Guardian if Participant(s) is a minor below: