Climbing Wall Release/Indemnification of all Claims

and

Covenant Not to Sue 

NOTICE:  THIS IS A LEGALLY BINDING AGREEMENT.  By signing this agreement, you give up your right to bring a court action to recover compensation or obtain any other remedy for any injury to yourself or your property or for your death however caused arising out of your use of the Climbing Wall, now or any time in the future.

Acknowledgment of Risk:

I HEREBY ACKNOWLEDGE AND AGREE that the sport of rock climbing and the use of the climbing wall or walls installed at Columbus Fit, LLC (hereinafter the Climbing Wall) have inherent risksI have full knowledge of the nature and extent of all the risks associated with rock climbing and the use of the Climbing Wall, including but not limited to the following:

1.                 All manner of injury resulting in falling off the Climbing Wall and hitting rock faces and projections, whether permanently  or temporarily in place, or the floor;

2.                 Rope abrasion, entanglement and other injuries resulting from activities on or near the Climbing Wall  such as, but not limited to, climbing, belaying, rappelling, lowering on rope, rescue systems, and any other rope techniques;

3.                 Injuries resulting from falling climbers or dropping items, such as, but not limited to, ropes or climbing hardware;

4.                 Cuts and abrasions resulting from skin contact with the Climbing Wall;

5.                 Failure of rope, slings, harnesses, climbing hardware, anchor points, or any part of the Climbing Wall structure.

I further acknowledge that the above list is not inclusive of all possible risks associated with the use of the Climbing Wall and that the above list in no way limits the extent or reach of this release and covenant not to sue.

Release/Indemnification and Covenant Not to Sue:

I, _____________________________________, the undersigned user, in consideration of my use of the Climbing Wall, hereby agree to release and on behalf of myself, my heirs, representatives, executors, administrators, and assigns, hereby do RELEASE Columbus Fit, LLC, its managers, members, officers, agents, contractors, lessors, and employees from any cause of action, claim, or demand of any nature whatsoever, including but not limited to, a claim of NEGLIGENCE, which I, my heirs, representatives, executors, administrators and assigns may now have, or have in the future against Columbus Fit, LLC, on account of personal injury, property damage, death, or accident of any kind, arising out of or in any way related to my use of the Climbing Wall whether that use is supervised or unsupervised, however the injury or damage is caused, including, but not limited to, the NEGLIGENCE of Columbus Fit, LLC, its managers, members, officers, agents, contractors, lessors, and employees.

In consideration of my use of the Climbing Wall, I hereby agree to INDEMNIFY AND HOLD HARMLESS Columbus Fit, LLC, its managers, members, officers, agents, contractors, lessors, and employees from any and all causes of action, claims, demands, losses, or costs of any nature whatever, including attorney fees, arising out of, or in any way related to, my use of the Climbing Wall.

I hereby certify that I have full knowledge of the nature and extent of the risks inherent in the use of the Climbing Wall and that I am voluntarily assuming the risks.  I understand that I will be solely responsible for any loss or damage, including death, I sustain while using the Climbing Wall and that by this agreement, I am relieving Columbus Fit, LLC, their managers, members, officers, agents, contractors, lessors, and employees of any and all liability for such loss, damage, or death.

I further certify that I am in good health and that I have no physical limitations which would preclude my safe use of the Climbing Wall.

I further certify that my date of birth is _______________________ (month/day/year), that my present age is ______, and that I am therefore of lawful age (18 years or older) and otherwise legally competent to sign this agreement.  I further understand that the terms of this agreement are legally binding and certify that I am signing this agreement, after have carefully read it, of my own free will.

IN WITNESS WHEREOF, this instrument is duly executed at Columbus, Indiana, this ____ day of ____________ 200___.

 

WITNESS: USER OF THE CLIMBING WALL:

 

 

 

__________________________ __________________________

Signature Signature

 

 

 

__________________________ __________________________

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WITNESS: PARENT OR GUARDIAN OF USER

OF THE CLIMBING WALL IF UNDER

THE AGE OF 18 YEARS:

 

 

 

__________________________ __________________________

Signature Signature

 

 

__________________________ __________________________

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The Climbing Wall Safety Policies

 

I, _______________________________________ (name of user of the Climbing Wall) accept full responsibility for my own safety and the safety of other climbers while in the Columbus Fit, LLC, facility. I further agree to abide by, and to help enforce, the following climbing wall safety policies:

1.                 No unbelayed climbing above the bouldering line.

2.                 Climbers must be roped and belayed through a belay plate.  Belays must be anchored.  Roped climbers and belayers must wear harnesses.

3.                 Lead climbers must use adequate protection to eliminate the possibility of a ground fall at all times.

4.                 Inform other climbers of any situation seen as unsafe or not in accordance with Climbing Wall Safety Policies.  All climbers are asked to assist and encourage less experienced climbers.

5.                 All accidents or equipment damage must be reported immediately.

Columbus Fit, LLC, reserves the right to terminate the membership of any individual permanently, or for a limited time, for violation of any of these Climbing Wall Safety Policies, or for any conduct that is viewed by Columbus Fit, LLC, as unsafe or inappropriate.

 

In further consideration of the use of the Climbing Wall, I acknowledge that I have read and agree to abide by the Climbing Wall Safety Policies.

 

WITNESS: USER OF THE CLIMBING WALL:

 

 

 

__________________________ __________________________

Signature Signature

 

 

__________________________ __________________________

Printed Printed