Bouldering Liability Waiver and Release 2023

Gym Rules

 

Please pay special attention to this section:

• Climbing shoes must be worn while climbing the wall. No bare-foot climbing.

• Only climbing shoes are permitted on the padded floors (blue floor). No street shoes.

• Climbers must not walk or step beneath another climber who is already on the wall. Clearance of at least 6ft is recommended. Only spotters are permitted to be closer to climbers on the wall.

• Before getting on the wall, climbers must verify that the desired route will not collide with another climber already on the wall. Climbers already on the wall have priority.

• The window and doorway along the "window wall" below the two inclined sections, are always "off". This means you cannot place feet, grab, or otherwise use either the doorway or the window to aid in climbing. You must also avoid swinging arms, legs, or anything else through the doorway or window.

• Only chalk intended to be used on your hands that's designed for climbing, gyms, and sports is permitted in the climbing gym. No colored chalk and no side-walk chalk. If you are unsure about your chalk, please ask a Climb Toledo staff member.

• Climbers must immediately alert Climb Toledo staff of any spinning or moving holds, wall damage, or any other kind of dangerous activity.

• A spotter is only permitted if both the spotter and climber have agreed to the spot.

• Spotters must remain focused on the climber and in constant and clear communication with the climber for the duration of the spot.

• Climbers are not permitted to climb without a shirt.

• All climbers will comply with the judgments of the Climb Toledo staff on duty.

• All climbers must be at least ten (10) years old.

• Climbers under the age of eighteen (18) must have the waiver and release form signed by a parent or legal guardian. The climber must either read the rules or have the rules read to them by a parent/guardian.

• Any climbers under the age of (18) must be accompanied and supervised by an adult at all times.

• An adult may only accompany a maximum of 3 minors.

• All climbers must complete a liability waiver form at least once per calendar year.

• Any infractions of the above rules may result in loss of privileges. Repeated infractions may result in loss of membership/access to the gym.

Please Note: The adult over the age of 18 years who is agreeing to this waiver is agreeing for themselves AND any minors for whom they are responsible.

 

WARNING: There are significant elements of risk in any adventure, sport or activity associated with a 'climbing gym', climbing wall, bouldering area, weight and fitness training regimens, and equipment, (hereinafter referred to as “the Activity”). Although we have taken reasonable steps to provide you with appropriate equipment and/or skilled instructors so you can enjoy an Activity for which you may not be skilled, we wish to remind you this Activity is not without risk. Certain risks cannot be eliminated without destroying the unique character of the Activity. The same elements that contribute to the unique character of the Activity can be causes of loss or damage to your equipment, or accidental injury, illness, or in extreme cases, permanent trauma or death. We do not want to frighten you or reduce your enthusiasm for this Activity, but we do think it is important for you to know in advance what to expect and to be informed of the inherent risks.

 

1. 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 facilities of Climb Toledo, now or any time in the future.
The adult over the age of 18 years who is agreeing to this waiver is agreeing for themselves AND any minors for whom they are responsible.

 

2. ACTIVITY AND ASSOCIATED RISKS: I have chosen to participate in the following activity: (hereinafter referred to as “the Activity”),

the Activity is inherently hazardous, and I/we may be exposed to dangers and hazards. I acknowledge that the following describes some, but not all of the risks:
• Slips, trips, falls or painful crashes while using the facilities or equipment, climbing walls, bouldering areas, landing pads, floors and padding below climbing areas, bathroom facilities, or stairs;
• Risk associated with crossing, climbing, or down climbing;
• Misuse of equipment or facilities, or failure of equipment;
• My/our physical strength, coordination, sense of balance, and ability to follow or give directions while climbing, watching, or working out;
• Fatigue, chill and/or dizziness, which may diminish my/our reaction time and increase the risk of accident;
• Abrasion from or entanglement with ropes or equipment; and
• The presence, actions or falls of other participants. I understand the description of these risks is not complete and that other unknown or unanticipated risks may result in injury, illness or death.

As a consequence of these risks, I/we may be seriously hurt or disabled or may die from the resulting injuries, and my/our property may also be damaged;
use of the facilities and equipment provided by Climb Toledo has inherit risks; and
Climb Toledo assumes no responsibility for providing medical care during the Activity or while using the facilities provided by Climb Toledo, and I/we will have to pay for any medical care and/or evacuation that I/we incur. In consideration of the permission to participate in the Activity, I agree to the terms contained in this document.

 

3. ASSUMPTION OF RISK AND RESPONSIBILITY: I hereby freely assume the above-mentioned risks as well as other risks not listed that are part of this activity and any harm, injury, or loss that may occur to me or my property as a result of my participation in the Activity or during use of the facilities provided by Climb Toledo—including any injury or loss caused by the negligence of Climb Toledo, its employees, agents and officers, its contractors, and other Activity participants.
I also understand that any equipment that I provide or may borrow or rent from Climb Toledo or any other provider I use at my own risk and that any such equipment is provided without any warranty about its condition or suitability.

 

4. RELEASE OF LIABILITY: I hereby RELEASE Climb Toledo, its employees, agents, officers, and contractors, the providers of any equipment used in the Activity, land owners, municipal or governmental providers of use permits, and their respective employees, officers, and directors (“the Released Parties”) FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS, AND DEMANDS that arise in any way from any injury, death, loss, or harm that occur to me AND any minors for whom I am responsible or to any other person or to any property during the Activity or in any way related to the Activity or usage of the facilities and equipment provided by Climb Toledo. 
This RELEASE includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. This RELEASE does not extend to claims for any liabilities that Ohio law does not permit to be excluded by agreement.
I also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss, or harm that occurs during the Activity or are related in any way to the Activity, facilities or equipment provided by Climb Toledo, either now or anytime in the future.

 

5. INDEMNIFICATION, HOLD HARMLESS, AND DEFENSE: I promise to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties (defined in Section 4) against any and all claims to which Section 4 of this agreement applies, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties against any and all claims for my own negligence, and any other claim arising from my conduct during the Activity or while using the facilities provided by Climb Toledo.
In accordance with these promises, I will reimburse the Released Parties for any damages, reasonable settlements, and defense costs, including attorney’s fees, that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.

 

6. AGREEMENT TO FOLLOW DIRECTIONS: I agree to follow the rules for the Activity provided to me and to follow directions given to me by the leaders and staff of the Activity and Climb Toledo, including USING ALL OF THE PROTECTIVE GEAR that I am instructed to use.

 

7. INDEPENDENT CONTRACTORS: I acknowledge that Climb Toledo has no control over and assumes no responsibility for the actions of any independent contractors providing any services for the Activity

 

8. USE OF MY LIKENESS: I understand that during the Activity I/we may be photographed or videotaped. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I/we have for any such likeness of me/us or use of my name in connection with such likeness, and I grant to Climb Toledo and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of me/us, whether in whole or part, in any form, without restrictions, and for any purpose, either now or in the future.

 

9. SEVERABILITY: I agree that the purpose of this agreement is that it shall be an enforceable RELEASE OF LIABILITY AND INDEMNITY as broad and inclusive as is permitted by Ohio law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.

 

10. APPLICABLE LAW, FORUM & ATTORNEY’S FEES: This agreement is governed by and shall be construed in accordance with the laws of the state of Ohio, without any reference to its choice of law rules. I agree that any dispute arising from this Agreement or in any way associated with the Activity shall be brought only in the Toledo Municipal Court, in Toledo, Ohio, or in the U.S. District Court for the Northern District of Ohio, and I agree to the jurisdiction and venue of those courts for any such dispute. In any litigation in which the validity or enforceability of this agreement is contested, I agree that the prevailing party will pay all attorney’s fees and costs of the parties seeking to uphold the agreement.

I HAVE FULLY INFORMED MYSELF AND ANY MINORS FOR WHOM I AM RESPONSIBLE OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE SIGNING IT. NO ORAL REPRESENTATIONS, STATEMENTS OR OTHER INDUCEMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN IT OF MY OWN FREE WILL.