WAIVER OF LIABILITY; INDEMNIFICATION AGREEMENT AND COVENANT NOT TO SUE
NOTICE; THIS IS A LEGALLY BINDING AGREEMENT. BY SIGNING THIS AGREEMENT, YOU GIVE UP YOUR RIGHT TO BRING COURT ACTION TO RECOVER COMPENSATION OR OBTAIN ANY OTHER REMEDY FOR INJURIES TO YOURSELF OR YOUR PROPERTY OR FOR YOUR DEATH ARISING OUT OF YOUR USE OF THE ATLANTA ROCKS INDOOR CLIMBING GYM, NOW OR ANYTIME IN THE FUTURE.
ACKNOWLEDGEMENT OF RISK
I, the undersigned user, hereby acknowledge and agree that the sport of rock climbing and the use of The Rock, located at 135 Riverside Parkway, Austell GA 30168 (Riverside EpiCenter) poses inherent risks. I have full knowledge of the nature and extent of all of the risks associated with the use of The Rock, including, but not limited to:
1. All manner of injury, including but not limited to death and/or paralysis, from falling off of the climbing wall or any climbing gym apparatus and hitting the landing area, the climbing wall, another climber, a belayer or an object on the ground;
2. Rope abrasion, entanglement and other injuries resulting from activities on or near the climbing walls or apparatus;
3. Injuries resulting from falling climbers or dropped items such as, but not limited to, climbing hardware and belay anchors and climbing holds or pieces thereof;
4. Cuts and abrasions resulting from skin contact with ropes, climbing hardware and climbing walls;
5. Failure of ropes, slings, harnesses, shoes, climbing hardware, and climbing walls;
6. Injuries resulting from the use of exercise equipment including, but not limited to, rotating climbing walls, free weights, mechanized or electrical exercise machines and other exercise or fitness related devices.
7. The Rock makes available, to all gym users, safety helmets at no charge. Gym users are encouraged to use helmets at all times when climbing or belaying other climbers while in the gym. If you choose not to use a helmet you agree to assume the additional risks associated with climbing without a helmet.
I further acknowledge that the above list is not inclusive of all of the possible risks associated with my use of The Rock and that the above list in no way limits the extent or reach of this Release/Indemnification and Covenant Not To Sue.
RELEASE/INDEMNIFICATION AND COVENANT NOT TO SUE
In consideration of my use of The Rock, I the undersigned user, agree to release and, on behalf of myself, my heirs, representatives, executors, administrators and assigns, HEREBY DO RELEASE, Riverside EpiCenter, LLC, 135 Riverside Parkway, Austell, GA 30168 hereinafter, The Rock, its owners, shareholders, officers, directors, employees and agents, from any cause of action, claims, or demands of any nature whatsoever (except for gross negligence and willful misconduct), which I, my heirs, representatives, executors, administrators, and assigns may now have, or have in the future against The Rock, its owners, shareholders, officers, directors, employees, administrators and agents 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 Rock, whether that use is supervised, unsupervised, however the injury or damage is caused, including but not limited to, the negligence of The Rock, its owners, shareholders, officers, directors, employees and agents.
In consideration of my use of The Rock, I, the undersigned user, do hereby agree to indemnify and hold harmless, of The Rock, its owners, shareholders, officers, directors, employees and agents from any and all causes of action, claims, demands, losses or costs of any nature whatsoever (except for those resulting from the gross negligence or intentional misconduct of The Rock or its officers, directors, employees, and agents) arising out of or in any way relating to my use of The Rock.
I hereby certify that I have full knowledge of the nature and extent of the risks inherent in the use of The Rock and that I am voluntarily assuming the risks. I understand that I will be solely responsible for any loss or damage including but not limited to, death or paralysis, that I may sustain while using The Rock and that by signing this Agreement, I am relieving The Rock, its owners, directors, employees, and agents, of any and all liability for much 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 Rock. I understand that the terms of this agreement are legally binding and I certify that I am signing this agreement, after having carefully read it, of my own free will.