RELEASEES: Mandeville Sports Complex, its shareholders, directors, affiliates, agents, teachers instructors, members, representatives employees, and their successors and assigns, (“Mandeville Sports Complex”).
I, Releasor, am aware that the sport of climbing, the use of a climbing gym, and the use of climbing equipment pose potential serious risks of injury or death to participants. I am aware of the intrinsic dangers of the sport of climbing and related activities. I understand that I may be injured or die as a result of my negligence, the negligence of others, or through no fault of myself or anyone else, because of the nature of the activity in which I am going to be engaged. I also understand that climbing equipment (including but not limited to the Climbing Gym, ropes, belays and auto-belays), may break without warning.<br />
I hereby acknowledge and accept notice of the intrinsic dangers of the sport of climbing and related activities, and those dangers or conditions that are an integral part of climbing activities, including but not limited to the possibility of another participant acting in a negligent manner that may contribute to injury to the participant, me or others, such as failing to maintain control over climbing equipment, or other climbers, or not acting within a participant’s ability.
I acknowledge that this waiver shall remain valid unless expressly revoked by the participant, or parent or guardian of a minor, in writing, with receipt acknowledged by Mandeville Sports Complex.
With the knowledge of the foregoing and as an inducement for and in consideration of being permitted to us the Mandeville Sports Complex (“Climbing Gym”) and related facilities, operated by Mandeville Sports Complex, I do for myself, my spouse, my heirs, executors, administrators and assigns hereby agree to and acknowledge each of the following.<br />
(Initial below each paragraph) 1. The RISK OF INJURY from the activities involved in my use of Mandeville Sports Complex facilities, and my participation in related activities is significant, including the potential for permanent paralysis or death. I understand that climbing and the use of the Climbing Gym and related equipment by its very nature is an inherently dangerous activity and includes risk. This risk includes, but is not limited to, my falling off or from the Climbing Wall and hitting the floor, damaged wall faces, injuries caused by people, or any of the equipment used in climbing, whether permanently or temporarily in place; rope stress, abrasion and entanglement, injuries resulting from falling climbers, dropped items or broken holds; failure of ropes, knots, belays, auto-belays, slings, harnesses, climbing holds, anchor points or any other part of the Climbing Gym.
2. I KNOWINGLY AND FREELY ACKNOWLEDGE AND ASSUME ALL SUCH RISKS, including but not limited to the risk of bodily injury, death or property damage, both known and unknown, except those arising from the gross negligence of those persons released from liability below, and I assume full responsibility for my participation and use of Mandeville Sports Complex facilities.
3. I AGREE TO COMPLY with all rules and regulations promulgated by Mandeville Sports Complex. If I have any questions, or observe any unusual or unnecessary hazard during my participation, I will immediately bring such to the attention of the nearest Mandeville Sports Complex employee. I agree not to participate while under the influence of drugs or alcohol.
4. I, RELEASE, for myself, my spouse, my heirs, assigns, personal representatives and next of kin, DO HEREBY FOREVER DISCHARGE, RELEASE, INDEMNIFY AND HOLD HARMLESS Mandeville Sports Complex of and from any and all claims, demands, damages, losses, actions, suits, proceedings, product liability actions, warranty actions, breach of contract actions, penalties, costs, attorney fees and other related expenses, whatever kind or nature, whatsoever at law or in equity, whether present, future, known or unknown, foreseen or unforeseen (including, but not limited to, claims for personal injury, death, disability, and property damage), relating to, arising out of or regarding or as a result of the use of Mandeville Sports Complex, equipment, location or facilities, or any activity sponsored by Mandeville Sports Complex regardless of whether the act or omission complained of was caused in whole or in part by the negligence, in any form, of Mandeville Sports Complex to the fullest extent permitted by law.<br />
5. I FURTHER RELEASE Mandeville Sports Complex from any claim whatsoever on account of first aid, treatment or service rendered to me during my participation in the use of Mandeville Sports Complex, equipment and related facilities.<br />
6. I FURTHER ACKNOWLEDGE that the equipment used in the sport of climbing is subject to unforeseen stress and damage which may cause it to break or become dysfunctional without warning and in that regard I understand that Mandeville Sports Complex makes no general, expressed or implied warranty of any kind regarding its climbing equipment, including but not limited to the Climbing Gym, auto-belays, and holds, and I accept the use of its equipment in its “as is” condition and without warranty.<br />
ZIPLINE/ OBSTACLE COURSE
Acknowledgement of Risk I acknowledge that my participation in a zipline/challenge course entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. These risks include, among other things: that the inherent risks associated with zipline/challenge activities using fabricated structures, surfaces, cables or ropes includes, but is not limited to: falling off of structures, being hit by swinging apparatus, falling on or being impacted by other participants, hanging from a cable, the possibility that I will be jolted, jarred, bounced, thrown to and fro or shaken about while on the zipline/challenge course, lose my balance or grip, slippery or wet equipment, becoming entangled in ropes/harnesses, impacting the ground and/or zipline apparatus, equipment failure, displaced safety equipment, belay or anchor or harness failure, general slips/trips/falls or painful crashes while using any of the equipment or zipline/challenge structures or landing platforms or rope bridges or the premises at large, operating out of control or beyond my or another participants’ limits, the negligence of other visitors who may be present, participants giving or following inappropriate zipline/challenge advice or move sequences, and my own negligence or inexperience. Furthermore, Mandeville Sports Complex employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
I HAVE CAREFULLY READ THIS ASSUMPTION OF RISK, RELEASE, AND WAIVER, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT THE TERMS ARE CONTRACTUAL AND NOT A MERE RECITAL, THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY AS MY OWN FREE ACT WITHOUT INDUCEMENT. IF ONE OR MORE PORTIONS OF THE WAIVER ARE FOUND UNENFORCEABLE, THE REMAINDER OF THE WAIVER SHALL REMAIN ENFORCEABLE.
FOR PARTICIPANTS OF MINORITY AGE (For participants under the age of 18 as of this date)
This is to certify that I, a parent/guardian with legal responsibility for this participant, a minor, and on the minor’s behalf and on my behalf and on behalf of all other parents or guardians of the minor, I hereby accept the above assumption of risk, release, waiver of warranty, and waiver of liability as an inducement for allowing my child, or this minor, to participate and use Mandeville Sports Complex facilities and activities, and do hereby consent and agree to the release and waiver, for myself, my minor child/ward, my heirs, assigns, and next of kin, I hereby release and agree to indemnify and hold harmless Mandeville Sports Complex from any and all liabilities incident to my minor child/ward’s involvement or participation in any use of the Climbing Gym, equipment or facility as provided above to the fullest extent permitted by law.
Mandeville Sports Complex Climbing RULES
1. All climbers must check in at the front desk. Members must sign in. 2. No one is permitted to belay or tie themselves in until they pass the Mandeville Sports Complex safety check. 3. Only Mandeville Sports Complex employees are allowed to teach belaying and knot craft. 4. Leading is not allowed until passing the Mandeville Sports Complex lead test. 5. Children under 14 years old must be accompanied and supervised by an adult. 6. Do not belay off floor anchors; they are only for backup. 7. Leading is allowed on ropes authorized by Mandeville Sports Complex staff only. 8. Belayers must stand while belaying. 9. No barefoot climbing. 10. Climbers climbing without a rope must keep their feet within shoulder height of the ground. 11. Report loose holds, worn ropes, and anything else you believe to be a safety hazard to a Mandeville Sports Complex employee. 12. Minimum age for belaying is 14 years old 13. Only commercially manufactured climbing equipment in good condition is permitted.
I have read and understand the above rules.