RELEASE OF LIABILITY AND ASSUMPTION OF RISKS
*Emergency Contact Name:
*Emergency Contact Phone:
THIS RELEASE IS A BINDING LEGAL CONTRACT. PLEASE READ IT CAREFULLY BEFORE SIGNING.
I desire to use the First Ascent LLC, and/or The Bouldering Authority LLC (“FAR” and/or "B2") indoor climbing facility located at 2417 1st Avenue South, Birmingham, AL 35233 and/or 136 Industrial Drive, Birmingham, AL 35211 (the “Facility”). In consideration for FAR/B2 permitting me to use the Facility, I have agreed to execute this Release of Liability and Assumption of Risks (this “Release”).
I have read the rules and regulations of FAR/B2, posted on the back of this Release, at the cash register and throughout the Facility, and agree to abide by them. Failure to follow the rules of the gym will result in expulsion from the Facility with no refund issued. A copy of these rules is available upon request.
I understand that roped climbing, bouldering, weight lifting, cardiovascular training, and other activities now available or that may become available at FAR/B2, in their various forms, as well as preparation for participation in, coaching or spotting, volunteering, and all other aspects involved with these activities (collectively referred to hereinafter as “Activities”) are inherently dangerous activities involving many risks, dangers, and hazards. These risks, dangers and hazards include, but are not limited to, falling, collisions with objects, people or structures, being struck by other participants or objects, loose holds or equipment failure, the actions of other participants including negligence or inexperience of the Participant’s partner(s), overuse injuries, the aggravation of preexisting conditions, or other foreseeable or unforeseeable events or circumstances. I understand that injuries of all types are a common and ordinary occurrence of the Activities in which I am choosing to participate in. I know that the risk of severe injury and even death exists in the participation of the Activities. I also understand that maintenance of the Facility and equipment, training, coaching, instruction, supervision, enforcement or lack thereof of any rules or regulations, route setting, or any added safety measures (hereinafter “Associated Activities”) by FAR/B2, its subsidiaries, affiliates, officers, directors, employees, volunteers, agents, coaches, instructors, contractors, representatives, competition organizers and sponsors, and equipment providers do not and cannot guarantee my safety. I hereby represent that I am fit and suffer from no adverse health condition or effect that would limit my ability to participate in any Activities offered by FAR/B2. I hereby represent that any of my own equipment that I use at the Facility is safe and in no way shall FAR/B2 be liable for any damages caused to myself or a third party for any failure of any such equipment.
I hereby represent that I have conducted a thorough visual inspection of the Facility and equipment I will be using and I am aware of any potential hazards associated with the Facility and/or such equipment. With full knowledge and understanding of the risk of severe injury and death involved in the Activities and the Associated Activities, I freely and voluntarily accept and fully assume the risk that I may suffer temporary, permanent, or even fatal injuries, even if I follow the instructions or advice of FAR/B2.
I further acknowledge that the above list is not inclusive of all possible risks associated with the use of the climbing wall and related training facilities. I agree that such list in no way limits the extent or reach of this Release. If I see or hear anything that I feel is questionable or dangerous, it is my responsibility to ask or inform FAR/B2’s employees until corrected or satisfactorily answered.
FAR/B2 and any of its employees, directors, officers, agents, representatives, or assigns reserves the right in its sole discretion to refuse entry, or to remove any Participant including his/her Guest from the Facility or from participation in any activity organized by FAR/B2, including but not limited to portable wall climbing or guided instruction in the outdoors (hereinafter “Outside Activities”) for any reason whatsoever. Any such refusal of entry or removal by FAR/B2 shall be in its sole discretion. FAR/B2 shall not be responsible for the safekeeping, loss, theft or damage of any Participant’s property or the property of any Guest of Participant that is brought into the Facility or brought on any Outside Activity. Participant shall comply with and observe all rules and regulations of First Ascent and the terms and conditions of this Agreement at all times and shall assure that his/her Guest(s) complies with and observes the same. Should Participant or his/her Guest(s) damage or break any of FAR/B2’s equipment or property, Participant shall be liable for the reasonable cost of necessary repairs or replacements to such equipment or property. FAR/B2 is authorized by the Participant to use, store or transfer, as FAR/B2 may consider necessary, the Participant’s personal information, for any and all purposes in connection with the Facility and services provided by FAR/B2 and/or for the purpose of promoting, improving and furthering the interests of FAR/B2. Participant acknowledges this may include posting their photos and/or names online, and/or in publications. Any delay or failure by FAR/B2 to exercise its rights and/or remedies under this Agreement does not constitute a waiver of any of such right or remedy. The terms and conditions herein (as amended from time to time) constitutes the entire agreement between the Participant and FAR/B2 (other than FAR/B2’s Membership Agreement if Participant is a Member) regarding the Participant’s use of the Facility and supersedes all previous agreements, understandings and arrangements, written or oral, between the Participant and FAR/B2 in relation to such matters. In the event of an emergency, FAR/B2 is authorized to notify the person(s) listed under Participant’s emergency contact information.
I realize that from time to time areas of the Facility may be darkened for events, yoga or any other reason FAR/B2 sees fit. I understand and accept the risks of using the Facility under such circumstances.
I agree to any physical adjustments made by yoga instructors during yoga classes unless I clearly state otherwise. I accept any possibility of injury from the following: Movements in class, the movements of others or adjustments made by the instructor.
In consideration of FAR/B2s acceptance of my Membership application or guest use of the Facility, and in spite of the risk of severe or permanent injury or even death, the undersigned agrees as follows:
- I hereby unconditionally waive and release any and all claims and causes of action of any kind or nature against FAR/B2, and any manufacturers or distributors of equipment used by FAR/B2, related in any way to the activities or the associated activities. This Waiver and Release of Liability includes but is not limited to any such claims or causes of action, present or future, related to injury or damage to Participant, his/her property, or to any other person or property, for any loss, damage, expense or injury (including death) suffered by any person from or in connection with Participant engaging in any Activities and from Associated Activities, due to any cause whatsoever, including negligence and/or breach of express or implied warranty on the part of FAR/B2.
- Participant agrees to hold harmless, defend and indemnify FAR/B2 from any claim or action, present or future, related to injury or damage to Participant, his/her property, or to any other person or property, for any loss, damage, expense or injury, including death suffered by any person from or in connection with Participant’s participation in any Activities and from Associated Activities, due to any cause whatsoever including negligence and/or breach of express or implied warranty on the part of First Ascent.
- Participant hereby relieves FAR/B2 of any duty to protect participant from harm in connection with any Activities, Outside Activities or Associated Activities in which FAR/B2 is involved in any way.
- In the event Participant does suffer any type of damages or injury, Participant shall notify FAR/B2 immediately of any such occurrence or cause.
- Participant authorizes FAR/B2 to stabilize, obtain medical care for, or transport him/her to a medical facility or hospital if, in the opinion of FAR/B2 medical attention is required and Participant is unable to make such decisions for himself/herself. Participant agrees to pay all costs associated with such medical care and related transportation and shall defend, indemnify, and hold harmless FAR/B2 of and from the consequences of such decision and from any such costs incurred relating to the provision of medical care. Participant also authorizes disclosure of any protected medical information in the possession of FAR/B2 that is necessary to provide, coordinate or manage members healthcare consistent with the dictates of HIPAA and to the extent that such use or disclosure is required by law.
- This Liability Waiver shall continue in effect in perpetuity so that each time Participant or Member uses the Facility or participates in any Outside Activities from the date this Waiver is signed forward he/she shall be bound by the terms and conditions herein.
- If any provision of this Agreement or the application of any such provision to any person or circumstance is held invalid, the remainder of this Agreement, and the application of such provision other than to the extent it is held invalid, will not be invalidated or affected hereby.
- This Agreement shall be construed in accordance with, and governed by the substantive laws of the State of Alabama, without reference to principles governing choice or conflicts of laws. In addition, Participant agrees and covenants not to sue or make claim against any abovementioned parties, and that any action or claims relating in any way to this Agreement, the rights conferred hereby or the use of the Facility, including claims for personal injury or related loss must be resolved by arbitration in Birmingham, Alabama according to the then prevailing rules and procedures of the American Arbitration Association ("AAA"), including the AAA's Optional Rules for Emergency Measures or Protection. The party prevailing in any such arbitration shall be entitled to recover its costs of arbitration including attorneys’ fees. The arbitrator's award will be final and binding and judgment may be entered in any Alabama court of competent jurisdiction.
I certify that I have no medical, physical or other condition that could interfere with my use of the Facility, including, but not limited to, any interference with my ability to follow or give directions while climbing, belaying or any other activity within the Facility.
I understand that indoor rock climbing is not the same as outdoor climbing and that additional skills and training are necessary for outdoor climbing that cannot be acquired indoors. I agree to seek qualified instruction before attempting to climb outdoors.
By providing FAR/B2 with my email address I agree to receive newsletters, information and other promotions. Email Addresses and other personal information will never be sold.
CLIMBING IS INHERENTLY DANGEROUS AND MAY RESULT IN INJURY OR DEATH TO MYSELF OR OTHERS. I AM RESPONSIBLE FOR MY OWN SAFETY. I WILL NOT BE NEGLIGENT IN MY ACTIONS. I HEREBY VOLUNTARILY WAIVE ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR LITIGATION INVOLVING ANY RELEASED PARTY.
General Climbing Center Rules:
- All climbers and observers must check in at the front desk before proceeding to the padded climbing areas or activity.
- All purchases are non-refundable.
- All memberships and punch cards are non-transferable.
- Climbing is inherently dangerous. Participants must assume the risks of climbing. All climbers, course participants, and individuals operating a safety system at FAR/B2 must sign a Release of Liability form. FAR/B2 management and staff reserve the right to check safety systems at any time.
- Grabbing hold of any lighting fixtures or structural members of the building or climbing wall is prohibited at FAR/B2.
- All persons using FAR/B2 are expected to respect other individuals in the facility and conduct themselves in good order. Any person deemed by the Management to be behaving in an unsafe or disorderly fashion will be asked to leave the facility. FAR/B2's staff reserves the right to revoke access privileges at any time.
- FAR/B2 reserves the right to remove people from the premises if found to be unsafe. A refund will not be issued.
- No running in the gym. Yelling, wrestling, gymnastics, horseplay, etc. are not allowed.
- Do not walk, climb, stand or leave objects under other climbers. Never climb when there are hazards in your fall zone. Downclimb a move or two before dropping from the top of the walls.
- A harness is required on the autobelay walls.
- Climbers must wear fully closed shoes. Climbing shoes are preferred.
- Loose chalk is not allowed, chalk balls should be in use in a chalk bag.
- In the interest of safety, youth under the age of 14 must be supervised by an adult (18 years or older) or by a staff member of FAR/B2 at all times. Children under the age of 4 are not permitted in the climbing area unless engaged in a climbing activity.
- Children under the age of 16 are not allowed in training specific areas. Children under the age of 16 are allowed in these training specific areas if they are on FAR/B2’s Climbing Teams or a member of another USA Climbing Team. FAR/B2 reserves the right to revoke these privileges at any time.
- Food and drinks are not allowed on the pads.
- Photographs or video may be taken and used for FAR/B2’s use at any time in any way that FAR/B2 sees fit including, but not limited to promotional or instructional use.
I acknowledge that I have read FAR/B2's Rules and Regulations, fully understand them, and that a copy is available for my· records. FAR/B2 reserves the right to add or change FAR/B2 policies from time to time. Any such addition or change to these policies will be posted in the lobby of FAR/B2. Climbers and others using FAR/B2 are required to inform themselves of new rules or rule changes.
By agreeing to this Release I attest that the above information is true and correct.
I AGREE THAT I AM EIGHTEEN YEARS OF AGE OR OLDER, OR THAT I AM A PARENT OR COURT-APPOINTED LEGAL GUARDIAN FOR THIS MINOR AND THAT I, AND THE MINOR, ARE SUBJECT TO ALL OF THE TERMS OF THIS DOCUMENT AS SET FORTH ABOVE.
HAVING CAREFULLY READ THE FOREGOING AND UNDERSTANDING IT TO BE A LEGALLY BINDING RELEASE AND INDEMNITY AGREEMENT, PARTICIPANT SIGNIFIES HIS/HER ASSENT TO THE ABOVE TERMS BY SUBMITTING THIS FORM.