First Ascent LLC (d/b/a First Ascent Climbing & Fitness) (hereafter referred to as FAC&F) is a multi-function facility that combines a climbing gym, a fitness facility, and a yoga facility. FAC&F provides a place to train for outdoor climbing projects, a place for kids to climb competitively, a place to climb with friends that offers everything on a modern climber’s wish list, a fitness facility, and a yoga studio.
Definitions: MINOR PARTICIPANT - a minor (below age 18) over whom the adult signing this document 1) has legal guardianship (including a parent) or 2) has assumed responsibility. RESPONSIBLE ADULT – a parent or legal guardian acting in place of and on behalf of said MINOR PARTICIPANT.
Inherent Risks: FAC&F activities can range from moderate to vigorous; as with all such activities, there are inherent risks of injury. Inherent risks are those risks that cannot be eliminated without changing the nature of the activity. Some of the risks include, but are not limited to:
· Climbing and Bouldering Risks: physical demands associated with the use of FAC&F climbing and bouldering walls; slips and falls; trips; landing awkwardly or in an unplanned manner on floor or padding (I understand that the padded flooring at FAC&F will not prevent the foregoing risks); striking the wall, other participants, spotters, staff, or objects; rope abrasion or entanglement; equipment malfunction or failure; misuse of belay equipment, ropes, or other equipment; being struck by falling objects or persons.
· Fitness Facility Risks: being struck by falling weight; trying to lift too much; equipment failure or malfunction; over-exertion.
· General Facility Risks: slips, falls or trips because of uneven pavement or flooring, or wet, icy or slippery surfaces.
· Yoga Risks: trying to push the body too far; overheating; use of poor techniques (e.g., locking knees).
· Human Error Risks: participant or co-participant erratic or negligent actions; participant failure to follow instructions; inadvertent inattentiveness of spotters, instructors, co-participants, and participant; incorrect techniques in use of ropes, slings, carabiners, belay devices, harnesses, and other equipment; errors in instructor judgment as to participant readiness to progress; errors by staff, participant or co-participant as to proper belay technique; error by participant or co-participant as to proper use or attachment of auto-belay equipment; instructor failure to adequately train spotters and assistants; judgment errors in emergency care; inadequate emergency training of personnel.
FAC&F feels it is important that all participants (ADULT PARTICIPANT, MINOR PARTICIPANT and/or RESPONSIBLE ADULT) understand that three kinds of injuries can occur as the result of these inherent risks. The most common are minor injuries which include, but are not limited to: hand injuries (calluses, cuts, skin tears, pinches, and punctures); bruises/scrapes; rope burns; muscle strains; backaches, and headaches. Major injuries include, but are not limited to: broken bones; joint, ligament, and tendon injuries; internal injuries; concussions; back injuries; and eye injury. Catastrophic injuries, though very rare, include, but are not limited to: loss of vision or hearing; permanent disabilities, heart attack, stroke, paralysis, or death.
ASSUMPTION OF INHERENT RISKS: I have read the above warning regarding the nature of FAC&F activities and some of their associated risks. I affirm that 1) I understand the demands of the FAC&F activities relative to my physical condition and skill level, 2) I understand the types of injuries that may occur as a result of FAC&F activities and I am not relying on FAC&F to list all associated risks and 3) I understand their potential impact on my well-being, lifestyle, and potential future careers. I hereby assert that my participation is voluntary and that I knowingly assume all inherent risks, both known and unknown.
WAIVER OF LIABILITY FOR NEGLIGENCE: In consideration of permission for myself and/or MINOR PARTICIPANT to use the FAC&F property, facilities, services and participate in FAC&F activities, today and on all future dates, I, the ADULT PARTICIPANT, or MINOR PARTICIPANT and/or RESPONSIBLE ADULT, on behalf of myself, my spouse, my heirs, personal representatives, assigns, or others making a claim on behalf of myself or my MINOR PARTICIPANT (hereafter referred to as Releasing Parties) do hereby release, waive, discharge, and covenant not to sue FAC&F, its owners, directors, officers, employees, members, lessors, lessees, volunteers, independent contractors, personal trainers, equipment providers, and agents, (hereafter referred to as Protected Parties) from liability from any and all claims arising from 1) the NEGLIGENCE of FAC&F or other protected parties and/or arising from 2) the presence of myself and/or MINOR PARTICIPANT on the premises of FAC&F.
This Assumption of Risk, Waiver of Liability and Indemnification Agreement applies to, but is not limited to, any/all of the following:
· Illnesses, personal injury (including permanent disability or death), and/or economic loss to the ADULT PARTICIPANT or MINOR PARTICIPANT and/or RESPONSIBLE ADULT arising from participation in FAC&F activities (including, but not limited to, individual use of facility, instructional sessions, personal training; observation; and while on any FAC&F premises (locker room; café; pro shop; administrative area; restrooms; equipment/maintenance areas; and sidewalks, steps, roadways and parking lots).
· Any and all claims resulting from the damage to, loss of, or theft of property.
· The release of FAC&F from any claims and rights that I and/or MINOR PARTICIPANT 1) now have against FAC&F and/or 2) may have in the future against FAC&F.
INDEMNIFICATION AGREEMENT: I, the ADULT PARTICIPANT and/or RESPONSIBLE ADULT, agree to hold harmless, defend, and indemnify FAC&F and Protected Parties (that is, defend and pay any judgment, loss, damages, liability, and costs, including investigation costs, attorney’s fees and related expenses)
· From any and all claims of the Releasing Parties arising from an injury or loss by myself or my MINOR PARTICIPANT due to our participation or presence at FAC&F (including claims arising from the inherent risks of FAC&F activities and from the NEGLIGENCE of FAC&F, other participants, or Protected Parties,
· From any loss due to the conduct of myself or the named MINOR PARTICIPANT in the course of our presence at FAC&F.
· In the event any dispute arises, I, the ADULT PARTICIPANT OR MINOR PARTICIPANT & PARENT/GUARDIAN, agree to engage in good faith efforts to mediate a settlement. Any agreement reached will be formalized by a written contractual agreement at that time. Should the issue not be resolved by mediation, I agree that all disputes, controversies, or claims arising out of my participation at FAC&F shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect.
· I also understand that if, in spite of the above clause, legal action is brought, either the appropriate trial court in Cook County, Illinois or The United States District Court for the Northern District of Illinois has the sole and exclusive jurisdiction and that only the substantive laws of the State of Illinois shall apply.
· I, the ADULT PARTICIPANT and/or the RESPONSIBLE ADULT, understand that this agreement between myself and FAC&F cannot be modified or changed in any way by representations or statements by any agent or employee of FAC&F.
· I further expressly agree that the foregoing Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Illinois and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
As the ADULT PARTICIPANT and/or the RESPONSIBLE ADULT I certify that I or MINOR PARTICIPANT:
· Am aware that FAC&F encourages each participant to get medical clearance prior to participation.
· Have no health problems that would increase the risk of injury during FAC&F participation. (Exceptions are listed below):
· Give FAC&F authority to secure help and/or administer emergency first aid, CPR, and use an AED when deemed necessary.
· Give FAC&F authority to secure emergency medical care/transportation and I agree to assume all costs of care and transportation.
· Possess a sufficient level of skill and physical fitness for participation in FAC&F activities.
· Will inform FAC&F of any injury (even minor injuries) prior to leaving the FAC&F facility.
· Media Release: FAC&F has my permission to use any photographs, images, or likenesses taken of myself, and/or the MINOR PARTICIPANT in its marketing brochures, ads, videos, website, or other media, unless I provide written or e-mail notice to the contrary.
As the ADULT PARTICIPANT or MINOR PARTICIPANT, I:
· Agree to obey all rules and alert the staff to any rules violations or dangerous behavior of co-participants.
· Agree to attempt only activities that I feel capable of performing without increased risk of injury.
· Understand I am to cease activity immediately and inform staff if I feel any unusual discomfort or serious injury.
· Agree to obey all posted signs and stay out of prohibited areas.
· Acknowledge that FAC&F has authority to end my participation if it presents a danger to myself and/or others.
ACKNOWLEGEMENT OF UNDERSTANDING: I, the ADULT PARTICIPANT, or MINOR PARTICIPANT and/or RESPONSIBLE ADULT, have read this Assumption of Risk, Waiver of Liability, and Indemnification Agreement and fully understand its terms. I understand that I am giving up substantial rights that might belong to me and/or the MINOR PARTICIPANT including:
1) My right as an ADULT PARTICIPANT to recover damages for any loss I may suffer resulting from my injury or death resulting from participation at FAC&F;
2) My right as a RESPONSIBLE ADULT to recover damages for any loss I may suffer resulting from injury to or death of myself or my MINOR PARTICIPANT resulting from participation at FAC&F; and
3) The right of a MINOR PARTICIPANT to recover damages for any loss he/she might suffer from injury or death resulting from participation at FAC&F.
I further acknowledge that I am signing the agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of FAC&F and the other Protected Parties from all liability to myself, and/or the MINOR PARTICIPANT due to 1) negligence by FAC&F and the other Protected Parties or to 2) the inherent risks of FAC&F activities, to the greatest extent allowed by law in the State of Illinois.
Further, I, the RESPONSIBLE ADULT, assert that 1) I have explained the inherent risks to the MINOR PARTICIPANT; 2) he or she understands this Agreement; and 3) we knowingly accept and assume the inherent risks of FAC&F activities.