ASSUMPTION OF RISK, RELEASE OF LIABILITY & WAIVER OF CLAIMS AGREEMENT
The Participant will be engaging in certain activities, which may include the following: rock climbing - including bouldering, top roping, and lead climbing; climbing classes; competitions, camps, training and development classes of various types; group activities, including but not limited to, games, instructions, drills, practices, and other activities for recreation, fun, and/or climbing-related development (collectively the “Activities”).
In consideration of being allowed to participate in the Activities provided by “projectROCK, LLC”; “projectROCK Ft Lauderdale, LLC”, and/or any affiliated or related entities, contractors, agents, landlords, and/or property managers (collectively the “Host”), the Participant hereby agrees, to the fullest extent permitted by law, as follows:
a) TO WAIVE ALL CLAIMS that they have or may have against the Host, its owners, affiliates, employees, and/or agents arising out of the risks (inherent or otherwise) of participating in the Activities and/or use of the Host’s equipment (“Equipment”).
1. The inherent risks of the Activities shall include, but are not limited to: (a) misuse of the climbing walls, equipment, and/or facilities; (b) falls and abrupt and possibly harmful contact with persons, structures and objects (fixed and moveable), including climbing walls, volumes, holds, ropes, equipment (including dropped equipment during route setting or otherwise), flooring and other surfaces; (c) failure of the facilities, climbing walls, holds, harnesses, and/or other equipment; (d) mental or physical health problems of Participant and others; (e) transmission of infectious disease, whether related to the COVID-19, or other pandemics, epidemics, disease outbreaks, public health emergencies, or otherwise; (f) lack of training and conditioning; and (g) carelessness, inattention, and/or misjudgments, including negligence, of Participant and/or other users of the Host’s facilities and/or gym staff, by improperly belaying, improperly tying in to the harness, and/or otherwise failing to follow proper procedures, instructions and operating policies;
b) TO ASSUME ALL RISKS (INHERENT OR OTHERWISE) IN PARTICIPATING IN THE ACTIVITIES AND USING THE EQUIPMENT; and
c) TO RELEASE the Host, its owners, affiliates, employees, and/or agents, from all liability for any loss, damage, injury, or expense forming the basis for a claim and/or cause of action that the Participant may suffer, arising out of and/or resulting from participation in the Activities and/or use of the Equipment, including any and all claims and/or causes of action arising from the alleged and/or proven negligence (active or passive) of the Host, its respective owners, affiliates, employees, agents, investors, and/or landlords..
Personal Responsibility
The Participant hereby certifies that Participant has no physical or mental condition that precludes Participant from participating in the Activities or using the Equipment and that Participant is not participating against medical advice.
The Participant understands that Participant’s participation in the Activities and use of the Equipment is voluntary and further understands that they have the opportunity to inspect the Host’s Equipment and facilities before any participation.
The Participant understands that Participant is obligated to follow the rules of the Activities and that Participant can minimize Participant’s risk of injury by doing so and through the exercise of common sense and by being aware of their surroundings.
If, while participating in the Activities and/or using the Equipment, the Participant observes any unusual hazard or condition, which they believe jeopardizes Participant’s personal safety or that of others, Participant will remove themself from participation in the Activities and/or use of the Equipment and immediately bring said hazard or condition to the attention of the Host.
Climbing is an independent experience. Participant is fully responsible for Participant’s own expertise. While the Host offers orientation and training for all types of indoor climbing, Participant is responsible for seeking out and completing the appropriate initial orientation and training courses before Participant engages in any Activities. Participant also agrees to seek out and complete any re-training or refresher courses should they consider it necessary at any time.
Participant understands and accepts that floor padding cannot eliminate risk of serious injury or death. Participant agrees that the installed bouldering and roped climbing floor padding and other protections may only partially mitigate and do not eliminate all risk of serious injury or death resulting from a fall. These and other risks are associated with the Activities and cannot entirely be disassociated from climbing, which can result in losses to Participant, including emotional damage, bodily injury, permanent disability, paralysis, and even death.
Media Release: Participant consents to the reproduction and use by the Host of photographs, videos, and other images and sound recordings of Participant without compensation, for advertising or other purposes in any and all media now existing or hereafter developed. Participant releases the Host from liability for any violation of any personal and/or proprietary right Participant may have in connection with such reproduction or use.
Dispute Resolution & Binding Arbitration: Participant agrees to engage in good faith efforts to mediate any dispute that might arise between them and Host. Should the issue not be resolved by mediation, Participant agrees that all disputes, controversies, and/or claims between the parties will be submitted to binding arbitration. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the “Panel”), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the Southern District of Florida. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in Ft. Lauderdale, Florida, and shall be governed by the Federal Rules of Evidence. The substantive laws of the State of Florida shall apply. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter.
To the extent that any portion of this Agreement is deemed to be invalid under the law of the State of Florida, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding.
I/WE HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE NOT CHANGED IT ORALLY, AND SIGN IT VOLUNTARILY.
Participant’s Signature:
Date:
ASSUMPTION OF RISK, RELEASE OF LIABILITY & WAIVER OF CLAIMS AGREEMENT FOR MINOR PARTICIPANT
The Participant will be engaging in certain activities, which may include the following: rock climbing - including bouldering, top roping, and lead climbing; climbing classes; competitions, camps, training and development classes of various types; group activities, including but not limited to, games, instructions, drills, practices, and other activities for recreation, fun, and/or climbing-related development (collectively the “Activities”).
In consideration of being allowed to participate in the Activities provided by “projectROCK, LLC”; “projectROCK Ft Lauderdale, LLC”, and/or any affiliated or related entities, contractors, agents, landlords, and/or property managers (collectively the “Host”), the Participant hereby agrees, to the fullest extent permitted by law, as follows:
a) TO WAIVE ALL CLAIMS that they have or may have against the Host, its owners, affiliates, employees, and/or agents arising out of the inherent risks of participating in the Activities and/or use of the Host’s equipment (“Equipment”).
1. The inherent risks of the Activities shall include, but are not limited to: (a) misuse of the climbing walls, equipment, and/or facilities; (b) falls and abrupt and possibly harmful contact with persons, structures and objects (fixed and moveable), including climbing walls, volumes, holds, ropes, equipment (including dropped equipment during route setting or otherwise), flooring and other surfaces; (c) failure of the facilities, climbing walls, holds, harnesses, and/or other equipment; (d) mental or physical health problems of Participant and others; (e) transmission of infectious disease, whether related to the COVID-19, or other pandemics, epidemics, disease outbreaks, public health emergencies, or otherwise; (f) lack of training and conditioning; and (g) carelessness, inattention, and/or misjudgments, including negligence, of Participant and/or other users of the Host’s facilities and/or gym staff, by improperly belaying, improperly tying in to the harness, and/or otherwise failing to follow proper procedures, instructions and operating policies;
b) TO ASSUME ALL RISKS INHERENT IN PARTICIPATING IN THE ACTIVITIES AND USING THE EQUIPMENT; and
c) TO RELEASE the Host, its owners, affiliates, employees, and/or agents, from all liability for any loss, damage, injury, or expense forming the basis for a claim and/or cause of action that the Participant [or Participant’s parent or natural guardian] may suffer, arising out of the inherent risks of participation in the Activities and/or use of the Equipment.
Personal Responsibility
The Participant’s parent or natural guardian hereby certifies that Participant has no physical or mental condition that precludes Participant from participating in the Activities or using the Equipment and that Participant is not participating against medical advice.
The Participant and Participant’s parent or natural guardian understand that Participant’s participation in the Activities and use of the Equipment is voluntary and further understand that they have the opportunity to inspect the Host’s Equipment and facilities before any participation.
The Participant and Participant’s parent or natural guardian understand that Participant is obligated to follow the rules of the Activities and that Participant can minimize Participant’s risk of injury by doing so and through the exercise of common sense and by being aware of their surroundings.
If, while participating in the Activities and/or using the Equipment, the Participant or Participant’s parent or natural guardian observe any unusual hazard or condition, which they believe jeopardizes Participant’s personal safety or that of others, Participant and/or their parent or natural guardian will remove Participant from participation in the Activities and/or use of the Equipment and immediately bring said hazard or condition to the attention of the Host.
Participant’s parent/natural guardian hereby accepts responsibility and agrees to explain to their child that the risk of injury while participating in the Activities and using the Equipment can be reduced by following the rules and through the use of common sense and good judgment.
Climbing is an independent experience. Participant and Participant’s parent/natural guardian are fully responsible for Participant’s own expertise. While the Host offers orientation and training for all types of indoor climbing, Participant and their parent/natural guardian are responsible for seeking out and completing the appropriate initial orientation and training courses before Participant engages in any Activities. Participant and their parent/natural guardian also agree to seek out and complete any re-training or refresher courses should they consider it necessary at any time.
Participant and their parent/natural guardian understand and accept that floor padding cannot eliminate risk of serious injury or death. Participant and their parent/natural guardian agree that the installed bouldering and roped climbing floor padding and other protections may only partially mitigate and do not eliminate all risk of serious injury or death resulting from a fall. These and other risks are associated with the Activities and cannot entirely be disassociated from climbing, which can result in losses to Participant, including emotional damage, bodily injury, permanent disability, paralysis, and even death.
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF “PROJECTROCK, LLC”; “PROJECTROCK FT LAUDERDALE, LLC”, AND/OR ANY AFFILIATED OR RELATED ENTITY, CONTRACTOR, AGENT, LANDLORD, AND/OR PROPERTY MANAGER USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM “PROJECTROCK, LLC”; “PROJECTROCK FT LAUDERDALE, LLC”, AND/OR ANY AFFILIATED OR RELATED ENTITY, CONTRACTOR, AGENT, LANDLORD, AND/OR PROPERTY MANAGER IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND “PROJECTROCK, LLC”; “PROJECTROCK FT LAUDERDALE, LLC”, AND/OR ANY AFFILIATED OR RELATED ENTITY, CONTRACTOR, AGENT, LANDLORD, AND/OR PROPERTY MANAGER HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
Media Release: Participant and their parent/natural guardian consent to the reproduction and use by the Host of photographs, videos, and other images and sound recordings of Participant without compensation, for advertising or other purposes in any and all media now existing or hereafter developed. Participant releases the Host from liability for any violation of any personal and/or proprietary right Participant and/or their parent/natural guardian may have in connection with such reproduction or use.
Dispute Resolution & Binding Arbitration: Participant and their parent/natural guardian agree to engage in good faith efforts to mediate any dispute that might arise between them and Host. Should the issue not be resolved by mediation, Participant and their parent/natural guardian agree that all disputes, controversies, and/or claims between the parties will be submitted to binding arbitration. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the “Panel”), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the Southern District of Florida. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in Fort Lauderdale, Florida, and shall be governed by the Federal Rules of Evidence. The substantive laws of the State of Florida shall apply. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. If the dispute arises from a personal injury or death, the first phase of the arbitration shall be to determine whether said injury or death arose from a risk inherent in the Activities. In the event that the Panel determines the alleged injury/death arose from a risk inherent in the Activities, the claim shall, pursuant to FL ST § 744.301(3), be deemed barred, as a matter of law, and the Participant and Participant’s parent and/or natural guardian shall be barred from recovering any compensation from the Host. In the event that the Panel determines the alleged injury did not arise from a risk inherent in the Activities, the Panel may, at its discretion, allow for additional discovery and evidence, and then it shall decide any remaining issues on the merits.
To the extent that any portion of this Agreement is deemed to be invalid under the law of the State of Florida, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding.
I/WE HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE NOT CHANGED IT ORALLY, AND SIGN IT VOLUNTARILY.
Participant’s Signature:
Date:
Parent/Natural Guardian Name (Printed):
Date:
Parent/Natural Guardian Signature:
Date:
ASSUMPTION OF RISK, RELEASE OF LIABILITY & WAIVER OF CLAIMS AGREEMENT FOR MINOR PARTICIPANT
The Participant will be engaging in certain activities, which may include the following: rock climbing - including bouldering, top roping, and lead climbing; climbing classes; competitions, camps, training and development classes of various types; group activities, including but not limited to, games, instructions, drills, practices, and other activities for recreation, fun, and/or climbing-related development (collectively the “Activities”).
In consideration of being allowed to participate in the Activities provided by “projectROCK, LLC”; “projectROCK Ft Lauderdale, LLC”, and/or any affiliated or related entities, contractors, agents, landlords, and/or property managers (collectively the “Host”), the Participant hereby agrees, to the fullest extent permitted by law, as follows:
a) TO WAIVE ALL CLAIMS that they have or may have against the Host, its owners, affiliates, employees, and/or agents arising out of the inherent risks of participating in the Activities and/or use of the Host’s equipment (“Equipment”).
1. The inherent risks of the Activities shall include, but are not limited to: (a) misuse of the climbing walls, equipment, and/or facilities; (b) falls and abrupt and possibly harmful contact with persons, structures and objects (fixed and moveable), including climbing walls, volumes, holds, ropes, equipment (including dropped equipment during route setting or otherwise), flooring and other surfaces; (c) failure of the facilities, climbing walls, holds, harnesses, and/or other equipment; (d) mental or physical health problems of Participant and others; (e) transmission of infectious disease, whether related to the COVID-19, or other pandemics, epidemics, disease outbreaks, public health emergencies, or otherwise; (f) lack of training and conditioning; and (g) carelessness, inattention, and/or misjudgments, including negligence, of Participant and/or other users of the Host’s facilities and/or gym staff, by improperly belaying, improperly tying in to the harness, and/or otherwise failing to follow proper procedures, instructions and operating policies;
b) TO ASSUME ALL RISKS INHERENT IN PARTICIPATING IN THE ACTIVITIES AND USING THE EQUIPMENT; and
c) TO RELEASE the Host, its owners, affiliates, employees, and/or agents, from all liability for any loss, damage, injury, or expense forming the basis for a claim and/or cause of action that the Participant [or Participant’s parent or natural guardian] may suffer, arising out of the inherent risks of participation in the Activities and/or use of the Equipment.
Personal Responsibility
The Participant’s parent or natural guardian hereby certifies that Participant has no physical or mental condition that precludes Participant from participating in the Activities or using the Equipment and that Participant is not participating against medical advice.
The Participant and Participant’s parent or natural guardian understand that Participant’s participation in the Activities and use of the Equipment is voluntary and further understand that they have the opportunity to inspect the Host’s Equipment and facilities before any participation.
The Participant and Participant’s parent or natural guardian understand that Participant is obligated to follow the rules of the Activities and that Participant can minimize Participant’s risk of injury by doing so and through the exercise of common sense and by being aware of their surroundings.
If, while participating in the Activities and/or using the Equipment, the Participant or Participant’s parent or natural guardian observe any unusual hazard or condition, which they believe jeopardizes Participant’s personal safety or that of others, Participant and/or their parent or natural guardian will remove Participant from participation in the Activities and/or use of the Equipment and immediately bring said hazard or condition to the attention of the Host.
Participant’s parent/natural guardian hereby accepts responsibility and agrees to explain to their child that the risk of injury while participating in the Activities and using the Equipment can be reduced by following the rules and through the use of common sense and good judgment.
Climbing is an independent experience. Participant and Participant’s parent/natural guardian are fully responsible for Participant’s own expertise. While the Host offers orientation and training for all types of indoor climbing, Participant and their parent/natural guardian are responsible for seeking out and completing the appropriate initial orientation and training courses before Participant engages in any Activities. Participant and their parent/natural guardian also agree to seek out and complete any re-training or refresher courses should they consider it necessary at any time.
Participant and their parent/natural guardian understand and accept that floor padding cannot eliminate risk of serious injury or death. Participant and their parent/natural guardian agree that the installed bouldering and roped climbing floor padding and other protections may only partially mitigate and do not eliminate all risk of serious injury or death resulting from a fall. These and other risks are associated with the Activities and cannot entirely be disassociated from climbing, which can result in losses to Participant, including emotional damage, bodily injury, permanent disability, paralysis, and even death.
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF “PROJECTROCK, LLC”; “PROJECTROCK FT LAUDERDALE, LLC”, AND/OR ANY AFFILIATED OR RELATED ENTITY, CONTRACTOR, AGENT, LANDLORD, AND/OR PROPERTY MANAGER USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM “PROJECTROCK, LLC”; “PROJECTROCK FT LAUDERDALE, LLC”, AND/OR ANY AFFILIATED OR RELATED ENTITY, CONTRACTOR, AGENT, LANDLORD, AND/OR PROPERTY MANAGER IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND “PROJECTROCK, LLC”; “PROJECTROCK FT LAUDERDALE, LLC”, AND/OR ANY AFFILIATED OR RELATED ENTITY, CONTRACTOR, AGENT, LANDLORD, AND/OR PROPERTY MANAGER HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
Media Release: Participant and their parent/natural guardian consent to the reproduction and use by the Host of photographs, videos, and other images and sound recordings of Participant without compensation, for advertising or other purposes in any and all media now existing or hereafter developed. Participant releases the Host from liability for any violation of any personal and/or proprietary right Participant and/or their parent/natural guardian may have in connection with such reproduction or use.
Dispute Resolution & Binding Arbitration: Participant and their parent/natural guardian agree to engage in good faith efforts to mediate any dispute that might arise between them and Host. Should the issue not be resolved by mediation, Participant and their parent/natural guardian agree that all disputes, controversies, and/or claims between the parties will be submitted to binding arbitration. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the “Panel”), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the Southern District of Florida. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in Fort Lauderdale, Florida, and shall be governed by the Federal Rules of Evidence. The substantive laws of the State of Florida shall apply. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. If the dispute arises from a personal injury or death, the first phase of the arbitration shall be to determine whether said injury or death arose from a risk inherent in the Activities. In the event that the Panel determines the alleged injury/death arose from a risk inherent in the Activities, the claim shall, pursuant to FL ST § 744.301(3), be deemed barred, as a matter of law, and the Participant and Participant’s parent and/or natural guardian shall be barred from recovering any compensation from the Host. In the event that the Panel determines the alleged injury did not arise from a risk inherent in the Activities, the Panel may, at its discretion, allow for additional discovery and evidence, and then it shall decide any remaining issues on the merits.
To the extent that any portion of this Agreement is deemed to be invalid under the law of the State of Florida, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding.
I/WE HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE NOT CHANGED IT ORALLY, AND SIGN IT VOLUNTARILY.
Participant’s Signature:
Date:
Parent/Natural Guardian Name (Printed):
Date:
Parent/Natural Guardian Signature:
Date:
ASSUMPTION OF RISK, RELEASE OF LIABILITY & WAIVER OF CLAIMS AGREEMENT FOR MINOR PARTICIPANT
The Participant will be engaging in certain activities, which may include the following: rock climbing - including bouldering, top roping, and lead climbing; climbing classes; competitions, camps, training and development classes of various types; group activities, including but not limited to, games, instructions, drills, practices, and other activities for recreation, fun, and/or climbing-related development (collectively the “Activities”).
In consideration of being allowed to participate in the Activities provided by “projectROCK, LLC”; “projectROCK Ft Lauderdale, LLC”, and/or any affiliated or related entities, contractors, agents, landlords, and/or property managers (collectively the “Host”), the Participant hereby agrees, to the fullest extent permitted by law, as follows:
a) TO WAIVE ALL CLAIMS that they have or may have against the Host, its owners, affiliates, employees, and/or agents arising out of the inherent risks of participating in the Activities and/or use of the Host’s equipment (“Equipment”).
1. The inherent risks of the Activities shall include, but are not limited to: (a) misuse of the climbing walls, equipment, and/or facilities; (b) falls and abrupt and possibly harmful contact with persons, structures and objects (fixed and moveable), including climbing walls, volumes, holds, ropes, equipment (including dropped equipment during route setting or otherwise), flooring and other surfaces; (c) failure of the facilities, climbing walls, holds, harnesses, and/or other equipment; (d) mental or physical health problems of Participant and others; (e) transmission of infectious disease, whether related to the COVID-19, or other pandemics, epidemics, disease outbreaks, public health emergencies, or otherwise; (f) lack of training and conditioning; and (g) carelessness, inattention, and/or misjudgments, including negligence, of Participant and/or other users of the Host’s facilities and/or gym staff, by improperly belaying, improperly tying in to the harness, and/or otherwise failing to follow proper procedures, instructions and operating policies;
b) TO ASSUME ALL RISKS INHERENT IN PARTICIPATING IN THE ACTIVITIES AND USING THE EQUIPMENT; and
c) TO RELEASE the Host, its owners, affiliates, employees, and/or agents, from all liability for any loss, damage, injury, or expense forming the basis for a claim and/or cause of action that the Participant [or Participant’s parent or natural guardian] may suffer, arising out of the inherent risks of participation in the Activities and/or use of the Equipment.
Personal Responsibility
The Participant’s parent or natural guardian hereby certifies that Participant has no physical or mental condition that precludes Participant from participating in the Activities or using the Equipment and that Participant is not participating against medical advice.
The Participant and Participant’s parent or natural guardian understand that Participant’s participation in the Activities and use of the Equipment is voluntary and further understand that they have the opportunity to inspect the Host’s Equipment and facilities before any participation.
The Participant and Participant’s parent or natural guardian understand that Participant is obligated to follow the rules of the Activities and that Participant can minimize Participant’s risk of injury by doing so and through the exercise of common sense and by being aware of their surroundings.
If, while participating in the Activities and/or using the Equipment, the Participant or Participant’s parent or natural guardian observe any unusual hazard or condition, which they believe jeopardizes Participant’s personal safety or that of others, Participant and/or their parent or natural guardian will remove Participant from participation in the Activities and/or use of the Equipment and immediately bring said hazard or condition to the attention of the Host.
Participant’s parent/natural guardian hereby accepts responsibility and agrees to explain to their child that the risk of injury while participating in the Activities and using the Equipment can be reduced by following the rules and through the use of common sense and good judgment.
Climbing is an independent experience. Participant and Participant’s parent/natural guardian are fully responsible for Participant’s own expertise. While the Host offers orientation and training for all types of indoor climbing, Participant and their parent/natural guardian are responsible for seeking out and completing the appropriate initial orientation and training courses before Participant engages in any Activities. Participant and their parent/natural guardian also agree to seek out and complete any re-training or refresher courses should they consider it necessary at any time.
Participant and their parent/natural guardian understand and accept that floor padding cannot eliminate risk of serious injury or death. Participant and their parent/natural guardian agree that the installed bouldering and roped climbing floor padding and other protections may only partially mitigate and do not eliminate all risk of serious injury or death resulting from a fall. These and other risks are associated with the Activities and cannot entirely be disassociated from climbing, which can result in losses to Participant, including emotional damage, bodily injury, permanent disability, paralysis, and even death.
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF “PROJECTROCK, LLC”; “PROJECTROCK FT LAUDERDALE, LLC”, AND/OR ANY AFFILIATED OR RELATED ENTITY, CONTRACTOR, AGENT, LANDLORD, AND/OR PROPERTY MANAGER USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM “PROJECTROCK, LLC”; “PROJECTROCK FT LAUDERDALE, LLC”, AND/OR ANY AFFILIATED OR RELATED ENTITY, CONTRACTOR, AGENT, LANDLORD, AND/OR PROPERTY MANAGER IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND “PROJECTROCK, LLC”; “PROJECTROCK FT LAUDERDALE, LLC”, AND/OR ANY AFFILIATED OR RELATED ENTITY, CONTRACTOR, AGENT, LANDLORD, AND/OR PROPERTY MANAGER HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
Media Release: Participant and their parent/natural guardian consent to the reproduction and use by the Host of photographs, videos, and other images and sound recordings of Participant without compensation, for advertising or other purposes in any and all media now existing or hereafter developed. Participant releases the Host from liability for any violation of any personal and/or proprietary right Participant and/or their parent/natural guardian may have in connection with such reproduction or use.
Dispute Resolution & Binding Arbitration: Participant and their parent/natural guardian agree to engage in good faith efforts to mediate any dispute that might arise between them and Host. Should the issue not be resolved by mediation, Participant and their parent/natural guardian agree that all disputes, controversies, and/or claims between the parties will be submitted to binding arbitration. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the “Panel”), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the Southern District of Florida. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in Fort Lauderdale, Florida, and shall be governed by the Federal Rules of Evidence. The substantive laws of the State of Florida shall apply. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. If the dispute arises from a personal injury or death, the first phase of the arbitration shall be to determine whether said injury or death arose from a risk inherent in the Activities. In the event that the Panel determines the alleged injury/death arose from a risk inherent in the Activities, the claim shall, pursuant to FL ST § 744.301(3), be deemed barred, as a matter of law, and the Participant and Participant’s parent and/or natural guardian shall be barred from recovering any compensation from the Host. In the event that the Panel determines the alleged injury did not arise from a risk inherent in the Activities, the Panel may, at its discretion, allow for additional discovery and evidence, and then it shall decide any remaining issues on the merits.
To the extent that any portion of this Agreement is deemed to be invalid under the law of the State of Florida, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding.
I/WE HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE NOT CHANGED IT ORALLY, AND SIGN IT VOLUNTARILY.
Participant’s Signature:
Date:
Parent/Natural Guardian Name (Printed):
Date:
Parent/Natural Guardian Signature:
Date:
ASSUMPTION OF RISK, RELEASE OF LIABILITY & WAIVER OF CLAIMS AGREEMENT FOR MINOR PARTICIPANT
The Participant will be engaging in certain activities, which may include the following: rock climbing - including bouldering, top roping, and lead climbing; climbing classes; competitions, camps, training and development classes of various types; group activities, including but not limited to, games, instructions, drills, practices, and other activities for recreation, fun, and/or climbing-related development (collectively the “Activities”).
In consideration of being allowed to participate in the Activities provided by “projectROCK, LLC”; “projectROCK Ft Lauderdale, LLC”, and/or any affiliated or related entities, contractors, agents, landlords, and/or property managers (collectively the “Host”), the Participant hereby agrees, to the fullest extent permitted by law, as follows:
a) TO WAIVE ALL CLAIMS that they have or may have against the Host, its owners, affiliates, employees, and/or agents arising out of the inherent risks of participating in the Activities and/or use of the Host’s equipment (“Equipment”).
1. The inherent risks of the Activities shall include, but are not limited to: (a) misuse of the climbing walls, equipment, and/or facilities; (b) falls and abrupt and possibly harmful contact with persons, structures and objects (fixed and moveable), including climbing walls, volumes, holds, ropes, equipment (including dropped equipment during route setting or otherwise), flooring and other surfaces; (c) failure of the facilities, climbing walls, holds, harnesses, and/or other equipment; (d) mental or physical health problems of Participant and others; (e) transmission of infectious disease, whether related to the COVID-19, or other pandemics, epidemics, disease outbreaks, public health emergencies, or otherwise; (f) lack of training and conditioning; and (g) carelessness, inattention, and/or misjudgments, including negligence, of Participant and/or other users of the Host’s facilities and/or gym staff, by improperly belaying, improperly tying in to the harness, and/or otherwise failing to follow proper procedures, instructions and operating policies;
b) TO ASSUME ALL RISKS INHERENT IN PARTICIPATING IN THE ACTIVITIES AND USING THE EQUIPMENT; and
c) TO RELEASE the Host, its owners, affiliates, employees, and/or agents, from all liability for any loss, damage, injury, or expense forming the basis for a claim and/or cause of action that the Participant [or Participant’s parent or natural guardian] may suffer, arising out of the inherent risks of participation in the Activities and/or use of the Equipment.
Personal Responsibility
The Participant’s parent or natural guardian hereby certifies that Participant has no physical or mental condition that precludes Participant from participating in the Activities or using the Equipment and that Participant is not participating against medical advice.
The Participant and Participant’s parent or natural guardian understand that Participant’s participation in the Activities and use of the Equipment is voluntary and further understand that they have the opportunity to inspect the Host’s Equipment and facilities before any participation.
The Participant and Participant’s parent or natural guardian understand that Participant is obligated to follow the rules of the Activities and that Participant can minimize Participant’s risk of injury by doing so and through the exercise of common sense and by being aware of their surroundings.
If, while participating in the Activities and/or using the Equipment, the Participant or Participant’s parent or natural guardian observe any unusual hazard or condition, which they believe jeopardizes Participant’s personal safety or that of others, Participant and/or their parent or natural guardian will remove Participant from participation in the Activities and/or use of the Equipment and immediately bring said hazard or condition to the attention of the Host.
Participant’s parent/natural guardian hereby accepts responsibility and agrees to explain to their child that the risk of injury while participating in the Activities and using the Equipment can be reduced by following the rules and through the use of common sense and good judgment.
Climbing is an independent experience. Participant and Participant’s parent/natural guardian are fully responsible for Participant’s own expertise. While the Host offers orientation and training for all types of indoor climbing, Participant and their parent/natural guardian are responsible for seeking out and completing the appropriate initial orientation and training courses before Participant engages in any Activities. Participant and their parent/natural guardian also agree to seek out and complete any re-training or refresher courses should they consider it necessary at any time.
Participant and their parent/natural guardian understand and accept that floor padding cannot eliminate risk of serious injury or death. Participant and their parent/natural guardian agree that the installed bouldering and roped climbing floor padding and other protections may only partially mitigate and do not eliminate all risk of serious injury or death resulting from a fall. These and other risks are associated with the Activities and cannot entirely be disassociated from climbing, which can result in losses to Participant, including emotional damage, bodily injury, permanent disability, paralysis, and even death.
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF “PROJECTROCK, LLC”; “PROJECTROCK FT LAUDERDALE, LLC”, AND/OR ANY AFFILIATED OR RELATED ENTITY, CONTRACTOR, AGENT, LANDLORD, AND/OR PROPERTY MANAGER USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM “PROJECTROCK, LLC”; “PROJECTROCK FT LAUDERDALE, LLC”, AND/OR ANY AFFILIATED OR RELATED ENTITY, CONTRACTOR, AGENT, LANDLORD, AND/OR PROPERTY MANAGER IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND “PROJECTROCK, LLC”; “PROJECTROCK FT LAUDERDALE, LLC”, AND/OR ANY AFFILIATED OR RELATED ENTITY, CONTRACTOR, AGENT, LANDLORD, AND/OR PROPERTY MANAGER HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
Media Release: Participant and their parent/natural guardian consent to the reproduction and use by the Host of photographs, videos, and other images and sound recordings of Participant without compensation, for advertising or other purposes in any and all media now existing or hereafter developed. Participant releases the Host from liability for any violation of any personal and/or proprietary right Participant and/or their parent/natural guardian may have in connection with such reproduction or use.
Dispute Resolution & Binding Arbitration: Participant and their parent/natural guardian agree to engage in good faith efforts to mediate any dispute that might arise between them and Host. Should the issue not be resolved by mediation, Participant and their parent/natural guardian agree that all disputes, controversies, and/or claims between the parties will be submitted to binding arbitration. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the “Panel”), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the Southern District of Florida. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in Fort Lauderdale, Florida, and shall be governed by the Federal Rules of Evidence. The substantive laws of the State of Florida shall apply. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. If the dispute arises from a personal injury or death, the first phase of the arbitration shall be to determine whether said injury or death arose from a risk inherent in the Activities. In the event that the Panel determines the alleged injury/death arose from a risk inherent in the Activities, the claim shall, pursuant to FL ST § 744.301(3), be deemed barred, as a matter of law, and the Participant and Participant’s parent and/or natural guardian shall be barred from recovering any compensation from the Host. In the event that the Panel determines the alleged injury did not arise from a risk inherent in the Activities, the Panel may, at its discretion, allow for additional discovery and evidence, and then it shall decide any remaining issues on the merits.
To the extent that any portion of this Agreement is deemed to be invalid under the law of the State of Florida, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding.
I/WE HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE NOT CHANGED IT ORALLY, AND SIGN IT VOLUNTARILY.
Participant’s Signature:
Date:
Parent/Natural Guardian Name (Printed):
Date:
Parent/Natural Guardian Signature:
Date:
ASSUMPTION OF RISK, RELEASE OF LIABILITY & WAIVER OF CLAIMS AGREEMENT FOR MINOR PARTICIPANT
The Participant will be engaging in certain activities, which may include the following: rock climbing - including bouldering, top roping, and lead climbing; climbing classes; competitions, camps, training and development classes of various types; group activities, including but not limited to, games, instructions, drills, practices, and other activities for recreation, fun, and/or climbing-related development (collectively the “Activities”).
In consideration of being allowed to participate in the Activities provided by “projectROCK, LLC”; “projectROCK Ft Lauderdale, LLC”, and/or any affiliated or related entities, contractors, agents, landlords, and/or property managers (collectively the “Host”), the Participant hereby agrees, to the fullest extent permitted by law, as follows:
a) TO WAIVE ALL CLAIMS that they have or may have against the Host, its owners, affiliates, employees, and/or agents arising out of the inherent risks of participating in the Activities and/or use of the Host’s equipment (“Equipment”).
1. The inherent risks of the Activities shall include, but are not limited to: (a) misuse of the climbing walls, equipment, and/or facilities; (b) falls and abrupt and possibly harmful contact with persons, structures and objects (fixed and moveable), including climbing walls, volumes, holds, ropes, equipment (including dropped equipment during route setting or otherwise), flooring and other surfaces; (c) failure of the facilities, climbing walls, holds, harnesses, and/or other equipment; (d) mental or physical health problems of Participant and others; (e) transmission of infectious disease, whether related to the COVID-19, or other pandemics, epidemics, disease outbreaks, public health emergencies, or otherwise; (f) lack of training and conditioning; and (g) carelessness, inattention, and/or misjudgments, including negligence, of Participant and/or other users of the Host’s facilities and/or gym staff, by improperly belaying, improperly tying in to the harness, and/or otherwise failing to follow proper procedures, instructions and operating policies;
b) TO ASSUME ALL RISKS INHERENT IN PARTICIPATING IN THE ACTIVITIES AND USING THE EQUIPMENT; and
c) TO RELEASE the Host, its owners, affiliates, employees, and/or agents, from all liability for any loss, damage, injury, or expense forming the basis for a claim and/or cause of action that the Participant [or Participant’s parent or natural guardian] may suffer, arising out of the inherent risks of participation in the Activities and/or use of the Equipment.
Personal Responsibility
The Participant’s parent or natural guardian hereby certifies that Participant has no physical or mental condition that precludes Participant from participating in the Activities or using the Equipment and that Participant is not participating against medical advice.
The Participant and Participant’s parent or natural guardian understand that Participant’s participation in the Activities and use of the Equipment is voluntary and further understand that they have the opportunity to inspect the Host’s Equipment and facilities before any participation.
The Participant and Participant’s parent or natural guardian understand that Participant is obligated to follow the rules of the Activities and that Participant can minimize Participant’s risk of injury by doing so and through the exercise of common sense and by being aware of their surroundings.
If, while participating in the Activities and/or using the Equipment, the Participant or Participant’s parent or natural guardian observe any unusual hazard or condition, which they believe jeopardizes Participant’s personal safety or that of others, Participant and/or their parent or natural guardian will remove Participant from participation in the Activities and/or use of the Equipment and immediately bring said hazard or condition to the attention of the Host.
Participant’s parent/natural guardian hereby accepts responsibility and agrees to explain to their child that the risk of injury while participating in the Activities and using the Equipment can be reduced by following the rules and through the use of common sense and good judgment.
Climbing is an independent experience. Participant and Participant’s parent/natural guardian are fully responsible for Participant’s own expertise. While the Host offers orientation and training for all types of indoor climbing, Participant and their parent/natural guardian are responsible for seeking out and completing the appropriate initial orientation and training courses before Participant engages in any Activities. Participant and their parent/natural guardian also agree to seek out and complete any re-training or refresher courses should they consider it necessary at any time.
Participant and their parent/natural guardian understand and accept that floor padding cannot eliminate risk of serious injury or death. Participant and their parent/natural guardian agree that the installed bouldering and roped climbing floor padding and other protections may only partially mitigate and do not eliminate all risk of serious injury or death resulting from a fall. These and other risks are associated with the Activities and cannot entirely be disassociated from climbing, which can result in losses to Participant, including emotional damage, bodily injury, permanent disability, paralysis, and even death.
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF “PROJECTROCK, LLC”; “PROJECTROCK FT LAUDERDALE, LLC”, AND/OR ANY AFFILIATED OR RELATED ENTITY, CONTRACTOR, AGENT, LANDLORD, AND/OR PROPERTY MANAGER USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM “PROJECTROCK, LLC”; “PROJECTROCK FT LAUDERDALE, LLC”, AND/OR ANY AFFILIATED OR RELATED ENTITY, CONTRACTOR, AGENT, LANDLORD, AND/OR PROPERTY MANAGER IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND “PROJECTROCK, LLC”; “PROJECTROCK FT LAUDERDALE, LLC”, AND/OR ANY AFFILIATED OR RELATED ENTITY, CONTRACTOR, AGENT, LANDLORD, AND/OR PROPERTY MANAGER HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
Media Release: Participant and their parent/natural guardian consent to the reproduction and use by the Host of photographs, videos, and other images and sound recordings of Participant without compensation, for advertising or other purposes in any and all media now existing or hereafter developed. Participant releases the Host from liability for any violation of any personal and/or proprietary right Participant and/or their parent/natural guardian may have in connection with such reproduction or use.
Dispute Resolution & Binding Arbitration: Participant and their parent/natural guardian agree to engage in good faith efforts to mediate any dispute that might arise between them and Host. Should the issue not be resolved by mediation, Participant and their parent/natural guardian agree that all disputes, controversies, and/or claims between the parties will be submitted to binding arbitration. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the “Panel”), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the Southern District of Florida. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in Fort Lauderdale, Florida, and shall be governed by the Federal Rules of Evidence. The substantive laws of the State of Florida shall apply. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. If the dispute arises from a personal injury or death, the first phase of the arbitration shall be to determine whether said injury or death arose from a risk inherent in the Activities. In the event that the Panel determines the alleged injury/death arose from a risk inherent in the Activities, the claim shall, pursuant to FL ST § 744.301(3), be deemed barred, as a matter of law, and the Participant and Participant’s parent and/or natural guardian shall be barred from recovering any compensation from the Host. In the event that the Panel determines the alleged injury did not arise from a risk inherent in the Activities, the Panel may, at its discretion, allow for additional discovery and evidence, and then it shall decide any remaining issues on the merits.
To the extent that any portion of this Agreement is deemed to be invalid under the law of the State of Florida, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding.
I/WE HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE NOT CHANGED IT ORALLY, AND SIGN IT VOLUNTARILY.
Participant’s Signature:
Date:
Parent/Natural Guardian Name (Printed):
Date:
Parent/Natural Guardian Signature:
Date:
ASSUMPTION OF RISK, RELEASE OF LIABILITY & WAIVER OF CLAIMS AGREEMENT FOR MINOR PARTICIPANT
The Participant will be engaging in certain activities, which may include the following: rock climbing - including bouldering, top roping, and lead climbing; climbing classes; competitions, camps, training and development classes of various types; group activities, including but not limited to, games, instructions, drills, practices, and other activities for recreation, fun, and/or climbing-related development (collectively the “Activities”).
In consideration of being allowed to participate in the Activities provided by “projectROCK, LLC”; “projectROCK Ft Lauderdale, LLC”, and/or any affiliated or related entities, contractors, agents, landlords, and/or property managers (collectively the “Host”), the Participant hereby agrees, to the fullest extent permitted by law, as follows:
a) TO WAIVE ALL CLAIMS that they have or may have against the Host, its owners, affiliates, employees, and/or agents arising out of the inherent risks of participating in the Activities and/or use of the Host’s equipment (“Equipment”).
1. The inherent risks of the Activities shall include, but are not limited to: (a) misuse of the climbing walls, equipment, and/or facilities; (b) falls and abrupt and possibly harmful contact with persons, structures and objects (fixed and moveable), including climbing walls, volumes, holds, ropes, equipment (including dropped equipment during route setting or otherwise), flooring and other surfaces; (c) failure of the facilities, climbing walls, holds, harnesses, and/or other equipment; (d) mental or physical health problems of Participant and others; (e) transmission of infectious disease, whether related to the COVID-19, or other pandemics, epidemics, disease outbreaks, public health emergencies, or otherwise; (f) lack of training and conditioning; and (g) carelessness, inattention, and/or misjudgments, including negligence, of Participant and/or other users of the Host’s facilities and/or gym staff, by improperly belaying, improperly tying in to the harness, and/or otherwise failing to follow proper procedures, instructions and operating policies;
b) TO ASSUME ALL RISKS INHERENT IN PARTICIPATING IN THE ACTIVITIES AND USING THE EQUIPMENT; and
c) TO RELEASE the Host, its owners, affiliates, employees, and/or agents, from all liability for any loss, damage, injury, or expense forming the basis for a claim and/or cause of action that the Participant [or Participant’s parent or natural guardian] may suffer, arising out of the inherent risks of participation in the Activities and/or use of the Equipment.
Personal Responsibility
The Participant’s parent or natural guardian hereby certifies that Participant has no physical or mental condition that precludes Participant from participating in the Activities or using the Equipment and that Participant is not participating against medical advice.
The Participant and Participant’s parent or natural guardian understand that Participant’s participation in the Activities and use of the Equipment is voluntary and further understand that they have the opportunity to inspect the Host’s Equipment and facilities before any participation.
The Participant and Participant’s parent or natural guardian understand that Participant is obligated to follow the rules of the Activities and that Participant can minimize Participant’s risk of injury by doing so and through the exercise of common sense and by being aware of their surroundings.
If, while participating in the Activities and/or using the Equipment, the Participant or Participant’s parent or natural guardian observe any unusual hazard or condition, which they believe jeopardizes Participant’s personal safety or that of others, Participant and/or their parent or natural guardian will remove Participant from participation in the Activities and/or use of the Equipment and immediately bring said hazard or condition to the attention of the Host.
Participant’s parent/natural guardian hereby accepts responsibility and agrees to explain to their child that the risk of injury while participating in the Activities and using the Equipment can be reduced by following the rules and through the use of common sense and good judgment.
Climbing is an independent experience. Participant and Participant’s parent/natural guardian are fully responsible for Participant’s own expertise. While the Host offers orientation and training for all types of indoor climbing, Participant and their parent/natural guardian are responsible for seeking out and completing the appropriate initial orientation and training courses before Participant engages in any Activities. Participant and their parent/natural guardian also agree to seek out and complete any re-training or refresher courses should they consider it necessary at any time.
Participant and their parent/natural guardian understand and accept that floor padding cannot eliminate risk of serious injury or death. Participant and their parent/natural guardian agree that the installed bouldering and roped climbing floor padding and other protections may only partially mitigate and do not eliminate all risk of serious injury or death resulting from a fall. These and other risks are associated with the Activities and cannot entirely be disassociated from climbing, which can result in losses to Participant, including emotional damage, bodily injury, permanent disability, paralysis, and even death.
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF “PROJECTROCK, LLC”; “PROJECTROCK FT LAUDERDALE, LLC”, AND/OR ANY AFFILIATED OR RELATED ENTITY, CONTRACTOR, AGENT, LANDLORD, AND/OR PROPERTY MANAGER USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM “PROJECTROCK, LLC”; “PROJECTROCK FT LAUDERDALE, LLC”, AND/OR ANY AFFILIATED OR RELATED ENTITY, CONTRACTOR, AGENT, LANDLORD, AND/OR PROPERTY MANAGER IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND “PROJECTROCK, LLC”; “PROJECTROCK FT LAUDERDALE, LLC”, AND/OR ANY AFFILIATED OR RELATED ENTITY, CONTRACTOR, AGENT, LANDLORD, AND/OR PROPERTY MANAGER HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
Media Release: Participant and their parent/natural guardian consent to the reproduction and use by the Host of photographs, videos, and other images and sound recordings of Participant without compensation, for advertising or other purposes in any and all media now existing or hereafter developed. Participant releases the Host from liability for any violation of any personal and/or proprietary right Participant and/or their parent/natural guardian may have in connection with such reproduction or use.
Dispute Resolution & Binding Arbitration: Participant and their parent/natural guardian agree to engage in good faith efforts to mediate any dispute that might arise between them and Host. Should the issue not be resolved by mediation, Participant and their parent/natural guardian agree that all disputes, controversies, and/or claims between the parties will be submitted to binding arbitration. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the “Panel”), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the Southern District of Florida. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in Fort Lauderdale, Florida, and shall be governed by the Federal Rules of Evidence. The substantive laws of the State of Florida shall apply. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. If the dispute arises from a personal injury or death, the first phase of the arbitration shall be to determine whether said injury or death arose from a risk inherent in the Activities. In the event that the Panel determines the alleged injury/death arose from a risk inherent in the Activities, the claim shall, pursuant to FL ST § 744.301(3), be deemed barred, as a matter of law, and the Participant and Participant’s parent and/or natural guardian shall be barred from recovering any compensation from the Host. In the event that the Panel determines the alleged injury did not arise from a risk inherent in the Activities, the Panel may, at its discretion, allow for additional discovery and evidence, and then it shall decide any remaining issues on the merits.
To the extent that any portion of this Agreement is deemed to be invalid under the law of the State of Florida, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding.
I/WE HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE NOT CHANGED IT ORALLY, AND SIGN IT VOLUNTARILY.
Participant’s Signature:
Date:
Parent/Natural Guardian Name (Printed):
Date:
Parent/Natural Guardian Signature:
Date:
ASSUMPTION OF RISK, RELEASE OF LIABILITY & WAIVER OF CLAIMS AGREEMENT FOR MINOR PARTICIPANT
The Participant will be engaging in certain activities, which may include the following: rock climbing - including bouldering, top roping, and lead climbing; climbing classes; competitions, camps, training and development classes of various types; group activities, including but not limited to, games, instructions, drills, practices, and other activities for recreation, fun, and/or climbing-related development (collectively the “Activities”).
In consideration of being allowed to participate in the Activities provided by “projectROCK, LLC”; “projectROCK Ft Lauderdale, LLC”, and/or any affiliated or related entities, contractors, agents, landlords, and/or property managers (collectively the “Host”), the Participant hereby agrees, to the fullest extent permitted by law, as follows:
a) TO WAIVE ALL CLAIMS that they have or may have against the Host, its owners, affiliates, employees, and/or agents arising out of the inherent risks of participating in the Activities and/or use of the Host’s equipment (“Equipment”).
1. The inherent risks of the Activities shall include, but are not limited to: (a) misuse of the climbing walls, equipment, and/or facilities; (b) falls and abrupt and possibly harmful contact with persons, structures and objects (fixed and moveable), including climbing walls, volumes, holds, ropes, equipment (including dropped equipment during route setting or otherwise), flooring and other surfaces; (c) failure of the facilities, climbing walls, holds, harnesses, and/or other equipment; (d) mental or physical health problems of Participant and others; (e) transmission of infectious disease, whether related to the COVID-19, or other pandemics, epidemics, disease outbreaks, public health emergencies, or otherwise; (f) lack of training and conditioning; and (g) carelessness, inattention, and/or misjudgments, including negligence, of Participant and/or other users of the Host’s facilities and/or gym staff, by improperly belaying, improperly tying in to the harness, and/or otherwise failing to follow proper procedures, instructions and operating policies;
b) TO ASSUME ALL RISKS INHERENT IN PARTICIPATING IN THE ACTIVITIES AND USING THE EQUIPMENT; and
c) TO RELEASE the Host, its owners, affiliates, employees, and/or agents, from all liability for any loss, damage, injury, or expense forming the basis for a claim and/or cause of action that the Participant [or Participant’s parent or natural guardian] may suffer, arising out of the inherent risks of participation in the Activities and/or use of the Equipment.
Personal Responsibility
The Participant’s parent or natural guardian hereby certifies that Participant has no physical or mental condition that precludes Participant from participating in the Activities or using the Equipment and that Participant is not participating against medical advice.
The Participant and Participant’s parent or natural guardian understand that Participant’s participation in the Activities and use of the Equipment is voluntary and further understand that they have the opportunity to inspect the Host’s Equipment and facilities before any participation.
The Participant and Participant’s parent or natural guardian understand that Participant is obligated to follow the rules of the Activities and that Participant can minimize Participant’s risk of injury by doing so and through the exercise of common sense and by being aware of their surroundings.
If, while participating in the Activities and/or using the Equipment, the Participant or Participant’s parent or natural guardian observe any unusual hazard or condition, which they believe jeopardizes Participant’s personal safety or that of others, Participant and/or their parent or natural guardian will remove Participant from participation in the Activities and/or use of the Equipment and immediately bring said hazard or condition to the attention of the Host.
Participant’s parent/natural guardian hereby accepts responsibility and agrees to explain to their child that the risk of injury while participating in the Activities and using the Equipment can be reduced by following the rules and through the use of common sense and good judgment.
Climbing is an independent experience. Participant and Participant’s parent/natural guardian are fully responsible for Participant’s own expertise. While the Host offers orientation and training for all types of indoor climbing, Participant and their parent/natural guardian are responsible for seeking out and completing the appropriate initial orientation and training courses before Participant engages in any Activities. Participant and their parent/natural guardian also agree to seek out and complete any re-training or refresher courses should they consider it necessary at any time.
Participant and their parent/natural guardian understand and accept that floor padding cannot eliminate risk of serious injury or death. Participant and their parent/natural guardian agree that the installed bouldering and roped climbing floor padding and other protections may only partially mitigate and do not eliminate all risk of serious injury or death resulting from a fall. These and other risks are associated with the Activities and cannot entirely be disassociated from climbing, which can result in losses to Participant, including emotional damage, bodily injury, permanent disability, paralysis, and even death.
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF “PROJECTROCK, LLC”; “PROJECTROCK FT LAUDERDALE, LLC”, AND/OR ANY AFFILIATED OR RELATED ENTITY, CONTRACTOR, AGENT, LANDLORD, AND/OR PROPERTY MANAGER USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM “PROJECTROCK, LLC”; “PROJECTROCK FT LAUDERDALE, LLC”, AND/OR ANY AFFILIATED OR RELATED ENTITY, CONTRACTOR, AGENT, LANDLORD, AND/OR PROPERTY MANAGER IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND “PROJECTROCK, LLC”; “PROJECTROCK FT LAUDERDALE, LLC”, AND/OR ANY AFFILIATED OR RELATED ENTITY, CONTRACTOR, AGENT, LANDLORD, AND/OR PROPERTY MANAGER HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
Media Release: Participant and their parent/natural guardian consent to the reproduction and use by the Host of photographs, videos, and other images and sound recordings of Participant without compensation, for advertising or other purposes in any and all media now existing or hereafter developed. Participant releases the Host from liability for any violation of any personal and/or proprietary right Participant and/or their parent/natural guardian may have in connection with such reproduction or use.
Dispute Resolution & Binding Arbitration: Participant and their parent/natural guardian agree to engage in good faith efforts to mediate any dispute that might arise between them and Host. Should the issue not be resolved by mediation, Participant and their parent/natural guardian agree that all disputes, controversies, and/or claims between the parties will be submitted to binding arbitration. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the “Panel”), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the Southern District of Florida. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in Fort Lauderdale, Florida, and shall be governed by the Federal Rules of Evidence. The substantive laws of the State of Florida shall apply. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. If the dispute arises from a personal injury or death, the first phase of the arbitration shall be to determine whether said injury or death arose from a risk inherent in the Activities. In the event that the Panel determines the alleged injury/death arose from a risk inherent in the Activities, the claim shall, pursuant to FL ST § 744.301(3), be deemed barred, as a matter of law, and the Participant and Participant’s parent and/or natural guardian shall be barred from recovering any compensation from the Host. In the event that the Panel determines the alleged injury did not arise from a risk inherent in the Activities, the Panel may, at its discretion, allow for additional discovery and evidence, and then it shall decide any remaining issues on the merits.
To the extent that any portion of this Agreement is deemed to be invalid under the law of the State of Florida, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding.
I/WE HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE NOT CHANGED IT ORALLY, AND SIGN IT VOLUNTARILY.
Participant’s Signature:
Date:
Parent/Natural Guardian Name (Printed):
Date:
Parent/Natural Guardian Signature:
Date:
ASSUMPTION OF RISK, RELEASE OF LIABILITY & WAIVER OF CLAIMS AGREEMENT FOR MINOR PARTICIPANT
The Participant will be engaging in certain activities, which may include the following: rock climbing - including bouldering, top roping, and lead climbing; climbing classes; competitions, camps, training and development classes of various types; group activities, including but not limited to, games, instructions, drills, practices, and other activities for recreation, fun, and/or climbing-related development (collectively the “Activities”).
In consideration of being allowed to participate in the Activities provided by “projectROCK, LLC”; “projectROCK Ft Lauderdale, LLC”, and/or any affiliated or related entities, contractors, agents, landlords, and/or property managers (collectively the “Host”), the Participant hereby agrees, to the fullest extent permitted by law, as follows:
a) TO WAIVE ALL CLAIMS that they have or may have against the Host, its owners, affiliates, employees, and/or agents arising out of the inherent risks of participating in the Activities and/or use of the Host’s equipment (“Equipment”).
1. The inherent risks of the Activities shall include, but are not limited to: (a) misuse of the climbing walls, equipment, and/or facilities; (b) falls and abrupt and possibly harmful contact with persons, structures and objects (fixed and moveable), including climbing walls, volumes, holds, ropes, equipment (including dropped equipment during route setting or otherwise), flooring and other surfaces; (c) failure of the facilities, climbing walls, holds, harnesses, and/or other equipment; (d) mental or physical health problems of Participant and others; (e) transmission of infectious disease, whether related to the COVID-19, or other pandemics, epidemics, disease outbreaks, public health emergencies, or otherwise; (f) lack of training and conditioning; and (g) carelessness, inattention, and/or misjudgments, including negligence, of Participant and/or other users of the Host’s facilities and/or gym staff, by improperly belaying, improperly tying in to the harness, and/or otherwise failing to follow proper procedures, instructions and operating policies;
b) TO ASSUME ALL RISKS INHERENT IN PARTICIPATING IN THE ACTIVITIES AND USING THE EQUIPMENT; and
c) TO RELEASE the Host, its owners, affiliates, employees, and/or agents, from all liability for any loss, damage, injury, or expense forming the basis for a claim and/or cause of action that the Participant [or Participant’s parent or natural guardian] may suffer, arising out of the inherent risks of participation in the Activities and/or use of the Equipment.
Personal Responsibility
The Participant’s parent or natural guardian hereby certifies that Participant has no physical or mental condition that precludes Participant from participating in the Activities or using the Equipment and that Participant is not participating against medical advice.
The Participant and Participant’s parent or natural guardian understand that Participant’s participation in the Activities and use of the Equipment is voluntary and further understand that they have the opportunity to inspect the Host’s Equipment and facilities before any participation.
The Participant and Participant’s parent or natural guardian understand that Participant is obligated to follow the rules of the Activities and that Participant can minimize Participant’s risk of injury by doing so and through the exercise of common sense and by being aware of their surroundings.
If, while participating in the Activities and/or using the Equipment, the Participant or Participant’s parent or natural guardian observe any unusual hazard or condition, which they believe jeopardizes Participant’s personal safety or that of others, Participant and/or their parent or natural guardian will remove Participant from participation in the Activities and/or use of the Equipment and immediately bring said hazard or condition to the attention of the Host.
Participant’s parent/natural guardian hereby accepts responsibility and agrees to explain to their child that the risk of injury while participating in the Activities and using the Equipment can be reduced by following the rules and through the use of common sense and good judgment.
Climbing is an independent experience. Participant and Participant’s parent/natural guardian are fully responsible for Participant’s own expertise. While the Host offers orientation and training for all types of indoor climbing, Participant and their parent/natural guardian are responsible for seeking out and completing the appropriate initial orientation and training courses before Participant engages in any Activities. Participant and their parent/natural guardian also agree to seek out and complete any re-training or refresher courses should they consider it necessary at any time.
Participant and their parent/natural guardian understand and accept that floor padding cannot eliminate risk of serious injury or death. Participant and their parent/natural guardian agree that the installed bouldering and roped climbing floor padding and other protections may only partially mitigate and do not eliminate all risk of serious injury or death resulting from a fall. These and other risks are associated with the Activities and cannot entirely be disassociated from climbing, which can result in losses to Participant, including emotional damage, bodily injury, permanent disability, paralysis, and even death.
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF “PROJECTROCK, LLC”; “PROJECTROCK FT LAUDERDALE, LLC”, AND/OR ANY AFFILIATED OR RELATED ENTITY, CONTRACTOR, AGENT, LANDLORD, AND/OR PROPERTY MANAGER USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM “PROJECTROCK, LLC”; “PROJECTROCK FT LAUDERDALE, LLC”, AND/OR ANY AFFILIATED OR RELATED ENTITY, CONTRACTOR, AGENT, LANDLORD, AND/OR PROPERTY MANAGER IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND “PROJECTROCK, LLC”; “PROJECTROCK FT LAUDERDALE, LLC”, AND/OR ANY AFFILIATED OR RELATED ENTITY, CONTRACTOR, AGENT, LANDLORD, AND/OR PROPERTY MANAGER HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
Media Release: Participant and their parent/natural guardian consent to the reproduction and use by the Host of photographs, videos, and other images and sound recordings of Participant without compensation, for advertising or other purposes in any and all media now existing or hereafter developed. Participant releases the Host from liability for any violation of any personal and/or proprietary right Participant and/or their parent/natural guardian may have in connection with such reproduction or use.
Dispute Resolution & Binding Arbitration: Participant and their parent/natural guardian agree to engage in good faith efforts to mediate any dispute that might arise between them and Host. Should the issue not be resolved by mediation, Participant and their parent/natural guardian agree that all disputes, controversies, and/or claims between the parties will be submitted to binding arbitration. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the “Panel”), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the Southern District of Florida. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in Fort Lauderdale, Florida, and shall be governed by the Federal Rules of Evidence. The substantive laws of the State of Florida shall apply. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. If the dispute arises from a personal injury or death, the first phase of the arbitration shall be to determine whether said injury or death arose from a risk inherent in the Activities. In the event that the Panel determines the alleged injury/death arose from a risk inherent in the Activities, the claim shall, pursuant to FL ST § 744.301(3), be deemed barred, as a matter of law, and the Participant and Participant’s parent and/or natural guardian shall be barred from recovering any compensation from the Host. In the event that the Panel determines the alleged injury did not arise from a risk inherent in the Activities, the Panel may, at its discretion, allow for additional discovery and evidence, and then it shall decide any remaining issues on the merits.
To the extent that any portion of this Agreement is deemed to be invalid under the law of the State of Florida, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding.
I/WE HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE NOT CHANGED IT ORALLY, AND SIGN IT VOLUNTARILY.
Participant’s Signature:
Date:
Parent/Natural Guardian Name (Printed):
Date:
Parent/Natural Guardian Signature:
Date:
ASSUMPTION OF RISK, RELEASE OF LIABILITY & WAIVER OF CLAIMS AGREEMENT FOR MINOR PARTICIPANT
The Participant will be engaging in certain activities, which may include the following: rock climbing - including bouldering, top roping, and lead climbing; climbing classes; competitions, camps, training and development classes of various types; group activities, including but not limited to, games, instructions, drills, practices, and other activities for recreation, fun, and/or climbing-related development (collectively the “Activities”).
In consideration of being allowed to participate in the Activities provided by “projectROCK, LLC”; “projectROCK Ft Lauderdale, LLC”, and/or any affiliated or related entities, contractors, agents, landlords, and/or property managers (collectively the “Host”), the Participant hereby agrees, to the fullest extent permitted by law, as follows:
a) TO WAIVE ALL CLAIMS that they have or may have against the Host, its owners, affiliates, employees, and/or agents arising out of the inherent risks of participating in the Activities and/or use of the Host’s equipment (“Equipment”).
1. The inherent risks of the Activities shall include, but are not limited to: (a) misuse of the climbing walls, equipment, and/or facilities; (b) falls and abrupt and possibly harmful contact with persons, structures and objects (fixed and moveable), including climbing walls, volumes, holds, ropes, equipment (including dropped equipment during route setting or otherwise), flooring and other surfaces; (c) failure of the facilities, climbing walls, holds, harnesses, and/or other equipment; (d) mental or physical health problems of Participant and others; (e) transmission of infectious disease, whether related to the COVID-19, or other pandemics, epidemics, disease outbreaks, public health emergencies, or otherwise; (f) lack of training and conditioning; and (g) carelessness, inattention, and/or misjudgments, including negligence, of Participant and/or other users of the Host’s facilities and/or gym staff, by improperly belaying, improperly tying in to the harness, and/or otherwise failing to follow proper procedures, instructions and operating policies;
b) TO ASSUME ALL RISKS INHERENT IN PARTICIPATING IN THE ACTIVITIES AND USING THE EQUIPMENT; and
c) TO RELEASE the Host, its owners, affiliates, employees, and/or agents, from all liability for any loss, damage, injury, or expense forming the basis for a claim and/or cause of action that the Participant [or Participant’s parent or natural guardian] may suffer, arising out of the inherent risks of participation in the Activities and/or use of the Equipment.
Personal Responsibility
The Participant’s parent or natural guardian hereby certifies that Participant has no physical or mental condition that precludes Participant from participating in the Activities or using the Equipment and that Participant is not participating against medical advice.
The Participant and Participant’s parent or natural guardian understand that Participant’s participation in the Activities and use of the Equipment is voluntary and further understand that they have the opportunity to inspect the Host’s Equipment and facilities before any participation.
The Participant and Participant’s parent or natural guardian understand that Participant is obligated to follow the rules of the Activities and that Participant can minimize Participant’s risk of injury by doing so and through the exercise of common sense and by being aware of their surroundings.
If, while participating in the Activities and/or using the Equipment, the Participant or Participant’s parent or natural guardian observe any unusual hazard or condition, which they believe jeopardizes Participant’s personal safety or that of others, Participant and/or their parent or natural guardian will remove Participant from participation in the Activities and/or use of the Equipment and immediately bring said hazard or condition to the attention of the Host.
Participant’s parent/natural guardian hereby accepts responsibility and agrees to explain to their child that the risk of injury while participating in the Activities and using the Equipment can be reduced by following the rules and through the use of common sense and good judgment.
Climbing is an independent experience. Participant and Participant’s parent/natural guardian are fully responsible for Participant’s own expertise. While the Host offers orientation and training for all types of indoor climbing, Participant and their parent/natural guardian are responsible for seeking out and completing the appropriate initial orientation and training courses before Participant engages in any Activities. Participant and their parent/natural guardian also agree to seek out and complete any re-training or refresher courses should they consider it necessary at any time.
Participant and their parent/natural guardian understand and accept that floor padding cannot eliminate risk of serious injury or death. Participant and their parent/natural guardian agree that the installed bouldering and roped climbing floor padding and other protections may only partially mitigate and do not eliminate all risk of serious injury or death resulting from a fall. These and other risks are associated with the Activities and cannot entirely be disassociated from climbing, which can result in losses to Participant, including emotional damage, bodily injury, permanent disability, paralysis, and even death.
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF “PROJECTROCK, LLC”; “PROJECTROCK FT LAUDERDALE, LLC”, AND/OR ANY AFFILIATED OR RELATED ENTITY, CONTRACTOR, AGENT, LANDLORD, AND/OR PROPERTY MANAGER USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM “PROJECTROCK, LLC”; “PROJECTROCK FT LAUDERDALE, LLC”, AND/OR ANY AFFILIATED OR RELATED ENTITY, CONTRACTOR, AGENT, LANDLORD, AND/OR PROPERTY MANAGER IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND “PROJECTROCK, LLC”; “PROJECTROCK FT LAUDERDALE, LLC”, AND/OR ANY AFFILIATED OR RELATED ENTITY, CONTRACTOR, AGENT, LANDLORD, AND/OR PROPERTY MANAGER HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
Media Release: Participant and their parent/natural guardian consent to the reproduction and use by the Host of photographs, videos, and other images and sound recordings of Participant without compensation, for advertising or other purposes in any and all media now existing or hereafter developed. Participant releases the Host from liability for any violation of any personal and/or proprietary right Participant and/or their parent/natural guardian may have in connection with such reproduction or use.
Dispute Resolution & Binding Arbitration: Participant and their parent/natural guardian agree to engage in good faith efforts to mediate any dispute that might arise between them and Host. Should the issue not be resolved by mediation, Participant and their parent/natural guardian agree that all disputes, controversies, and/or claims between the parties will be submitted to binding arbitration. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the “Panel”), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the Southern District of Florida. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in Fort Lauderdale, Florida, and shall be governed by the Federal Rules of Evidence. The substantive laws of the State of Florida shall apply. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. If the dispute arises from a personal injury or death, the first phase of the arbitration shall be to determine whether said injury or death arose from a risk inherent in the Activities. In the event that the Panel determines the alleged injury/death arose from a risk inherent in the Activities, the claim shall, pursuant to FL ST § 744.301(3), be deemed barred, as a matter of law, and the Participant and Participant’s parent and/or natural guardian shall be barred from recovering any compensation from the Host. In the event that the Panel determines the alleged injury did not arise from a risk inherent in the Activities, the Panel may, at its discretion, allow for additional discovery and evidence, and then it shall decide any remaining issues on the merits.
To the extent that any portion of this Agreement is deemed to be invalid under the law of the State of Florida, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding.
I/WE HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE NOT CHANGED IT ORALLY, AND SIGN IT VOLUNTARILY.
Participant’s Signature:
Date:
Parent/Natural Guardian Name (Printed):
Date:
Parent/Natural Guardian Signature:
Date:
ASSUMPTION OF RISK, RELEASE OF LIABILITY & WAIVER OF CLAIMS AGREEMENT FOR MINOR PARTICIPANT
The Participant will be engaging in certain activities, which may include the following: rock climbing - including bouldering, top roping, and lead climbing; climbing classes; competitions, camps, training and development classes of various types; group activities, including but not limited to, games, instructions, drills, practices, and other activities for recreation, fun, and/or climbing-related development (collectively the “Activities”).
In consideration of being allowed to participate in the Activities provided by “projectROCK, LLC”; “projectROCK Ft Lauderdale, LLC”, and/or any affiliated or related entities, contractors, agents, landlords, and/or property managers (collectively the “Host”), the Participant hereby agrees, to the fullest extent permitted by law, as follows:
a) TO WAIVE ALL CLAIMS that they have or may have against the Host, its owners, affiliates, employees, and/or agents arising out of the inherent risks of participating in the Activities and/or use of the Host’s equipment (“Equipment”).
1. The inherent risks of the Activities shall include, but are not limited to: (a) misuse of the climbing walls, equipment, and/or facilities; (b) falls and abrupt and possibly harmful contact with persons, structures and objects (fixed and moveable), including climbing walls, volumes, holds, ropes, equipment (including dropped equipment during route setting or otherwise), flooring and other surfaces; (c) failure of the facilities, climbing walls, holds, harnesses, and/or other equipment; (d) mental or physical health problems of Participant and others; (e) transmission of infectious disease, whether related to the COVID-19, or other pandemics, epidemics, disease outbreaks, public health emergencies, or otherwise; (f) lack of training and conditioning; and (g) carelessness, inattention, and/or misjudgments, including negligence, of Participant and/or other users of the Host’s facilities and/or gym staff, by improperly belaying, improperly tying in to the harness, and/or otherwise failing to follow proper procedures, instructions and operating policies;
b) TO ASSUME ALL RISKS INHERENT IN PARTICIPATING IN THE ACTIVITIES AND USING THE EQUIPMENT; and
c) TO RELEASE the Host, its owners, affiliates, employees, and/or agents, from all liability for any loss, damage, injury, or expense forming the basis for a claim and/or cause of action that the Participant [or Participant’s parent or natural guardian] may suffer, arising out of the inherent risks of participation in the Activities and/or use of the Equipment.
Personal Responsibility
The Participant’s parent or natural guardian hereby certifies that Participant has no physical or mental condition that precludes Participant from participating in the Activities or using the Equipment and that Participant is not participating against medical advice.
The Participant and Participant’s parent or natural guardian understand that Participant’s participation in the Activities and use of the Equipment is voluntary and further understand that they have the opportunity to inspect the Host’s Equipment and facilities before any participation.
The Participant and Participant’s parent or natural guardian understand that Participant is obligated to follow the rules of the Activities and that Participant can minimize Participant’s risk of injury by doing so and through the exercise of common sense and by being aware of their surroundings.
If, while participating in the Activities and/or using the Equipment, the Participant or Participant’s parent or natural guardian observe any unusual hazard or condition, which they believe jeopardizes Participant’s personal safety or that of others, Participant and/or their parent or natural guardian will remove Participant from participation in the Activities and/or use of the Equipment and immediately bring said hazard or condition to the attention of the Host.
Participant’s parent/natural guardian hereby accepts responsibility and agrees to explain to their child that the risk of injury while participating in the Activities and using the Equipment can be reduced by following the rules and through the use of common sense and good judgment.
Climbing is an independent experience. Participant and Participant’s parent/natural guardian are fully responsible for Participant’s own expertise. While the Host offers orientation and training for all types of indoor climbing, Participant and their parent/natural guardian are responsible for seeking out and completing the appropriate initial orientation and training courses before Participant engages in any Activities. Participant and their parent/natural guardian also agree to seek out and complete any re-training or refresher courses should they consider it necessary at any time.
Participant and their parent/natural guardian understand and accept that floor padding cannot eliminate risk of serious injury or death. Participant and their parent/natural guardian agree that the installed bouldering and roped climbing floor padding and other protections may only partially mitigate and do not eliminate all risk of serious injury or death resulting from a fall. These and other risks are associated with the Activities and cannot entirely be disassociated from climbing, which can result in losses to Participant, including emotional damage, bodily injury, permanent disability, paralysis, and even death.
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF “PROJECTROCK, LLC”; “PROJECTROCK FT LAUDERDALE, LLC”, AND/OR ANY AFFILIATED OR RELATED ENTITY, CONTRACTOR, AGENT, LANDLORD, AND/OR PROPERTY MANAGER USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM “PROJECTROCK, LLC”; “PROJECTROCK FT LAUDERDALE, LLC”, AND/OR ANY AFFILIATED OR RELATED ENTITY, CONTRACTOR, AGENT, LANDLORD, AND/OR PROPERTY MANAGER IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND “PROJECTROCK, LLC”; “PROJECTROCK FT LAUDERDALE, LLC”, AND/OR ANY AFFILIATED OR RELATED ENTITY, CONTRACTOR, AGENT, LANDLORD, AND/OR PROPERTY MANAGER HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
Media Release: Participant and their parent/natural guardian consent to the reproduction and use by the Host of photographs, videos, and other images and sound recordings of Participant without compensation, for advertising or other purposes in any and all media now existing or hereafter developed. Participant releases the Host from liability for any violation of any personal and/or proprietary right Participant and/or their parent/natural guardian may have in connection with such reproduction or use.
Dispute Resolution & Binding Arbitration: Participant and their parent/natural guardian agree to engage in good faith efforts to mediate any dispute that might arise between them and Host. Should the issue not be resolved by mediation, Participant and their parent/natural guardian agree that all disputes, controversies, and/or claims between the parties will be submitted to binding arbitration. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the “Panel”), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the Southern District of Florida. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in Fort Lauderdale, Florida, and shall be governed by the Federal Rules of Evidence. The substantive laws of the State of Florida shall apply. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. If the dispute arises from a personal injury or death, the first phase of the arbitration shall be to determine whether said injury or death arose from a risk inherent in the Activities. In the event that the Panel determines the alleged injury/death arose from a risk inherent in the Activities, the claim shall, pursuant to FL ST § 744.301(3), be deemed barred, as a matter of law, and the Participant and Participant’s parent and/or natural guardian shall be barred from recovering any compensation from the Host. In the event that the Panel determines the alleged injury did not arise from a risk inherent in the Activities, the Panel may, at its discretion, allow for additional discovery and evidence, and then it shall decide any remaining issues on the merits.
To the extent that any portion of this Agreement is deemed to be invalid under the law of the State of Florida, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding.
I/WE HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE NOT CHANGED IT ORALLY, AND SIGN IT VOLUNTARILY.
Participant’s Signature:
Date:
Parent/Natural Guardian Name (Printed):
Date:
Parent/Natural Guardian Signature:
Date: