In consideration of being permitted to use the facility known as Dirtbag HQ, DIrtbag Climbing Corp., or DIrtbag Corporation, and in consideration of being permitted to participate in the programs, activities, and events (collectively referred to as the “Activities”) conducted or sanctioned by Daniel Geddes, and Dirtbag Climbing Corp, and all directors, officers, committee members, employees, volunteers, participants, agents or any other persons whatsoever associated with Dirtbag Climbing Corp., (all of whom are referred to as “The Business”), and which Activities include without limitation:
Weight Training, Fitness Classes, Climbing Classes, Competitions, Camps, Clinics, dancing, indoor climbing, top-roping, lead climbing and bouldering, running and training, the Participant and/or the Parent/Guardian of the Participant (all of whom are collectively called the Participant), acknowledge and agree to the following terms:
1. Description of Risks - The Participant is participating voluntarily in the Activities. In consideration of the Participant’s participation in the Activities conducted or sanctioned by The Business, the Participant hereby acknowledges that the Participant is aware of the risks, dangers and hazards associated with or related to the Activities, and may be exposed to risks, dangers and hazards including, but not limited to, injuries from: a) Training, whether indoor or outdoor, including: strength training, running, hiking, and games;
b) Overusing, exerting, and stretching various muscle groups and damage from strenuous cardiovascular workouts; c) Vigorous physical exertion, rapid movements, and quick turns and stops; d) Falling to the ground due to slips, trips, slippery or irregular terrain or surfaces; e) Contact, colliding or being struck by weights, attachments, equipment, climbing equipment, other individuals or other fixed objects; f) Failing to participate within one’s abilities, skill, and within designated areas;
g) Failure to properly use any piece of equipment, or from mechanical failure of any piece of equipment; h) Travel to and from training, competitive events, and associated non-competitive events which are an integral part of the Activities; i) All manner of muscular injuries, bruises, scrapes, cuts, sprains, dislocations, broken bones, and head, facial or dental injuries which might result from falling and hitting the floor, climbing wall faces, protruding holds or ledges, or other climbers; j) Injuries resulting from rope abrasion, entanglement, and other injuries that may result from activities or other persons including but not limited to, climbing, belaying, rappelling, lowering on rope, rescue or emergency activities, as well as injuries, abrasions or cuts resulting from contact with the climbing walls, holds or equipment; k) Injuries resulting from falling climbers or falling or dropped items, including, but not limited to ropes, holds or climbing hardware; l) Injuries resulting from equipment failures, including, but no limited to, failures of ropes, slings, climbing harnesses, anchor points, or any part of the climbing structure; m) Injuries or death resulting from not following proper and customary personal safety procedures and the Safety Policies and Procedures of The Business which form a part of this agreement; n) Injuries resulting from the negligence of other climbers, participants, spectators, or users of the facilities, including, but not limited to belayers or spotters; and o) Other risks normally associated with participation in the Activities.
2. Furthermore, the Participant is aware: a) That injuries sustained may be severe, paralyzing or fatal; b) That the Participant may experience anxiety or embarrassment while challenging themselves during the Activities; c) That the risk of injury is reduced if the Participant follows all rules established for participation; and d) That the risk of injury increases as the Participant becomes fatigued.
3. Disclaimer - In consideration of The Business accepting the Participant’s application for membership or use of Dirtbag Climbing Corp. facilities, or allowing the Participant to participate in the Activities, the Participant agrees that The Business will not be held liable or responsible for any injury, personal injury, damage, property damage, expense, loss of income or loss of any kind suffered by the Participant, including death, and any liability arising from negligence, (which are collectively called the “Liabilities”) during, or as a result of, participation in any of the Activities caused by the risks, dangers and hazards associated with the Activities, and the Participant hereby agrees to release and hold harmless The Business from and against any claim or demand of any nature and kind whatsoever arising from any of the Liabilities whatsoever.
If a parent is signing this Agreement on behalf of a minor, in consideration of permitting such minor to participate in the Activities, the parent agrees to indemnify and hold harmless The Business against any Liability suffered by such minor, and from any claim or demand whatsoever arising from the participation of any such minor in the Activities.
4. Acknowledgement - The Parties confirm that: a) The Participant’s physical condition is sufficient to allow participation in the Activities; b) The Participant has been provided sufficient information about the Activities and the associated risks and hazards so that they are aware of the effect of this agreement; c) The Participant agrees to abide by the Rules and Regulations imposed by The Business, in association with the Activities, and to follow the instructions of officials, staff or instructors during the Activities; and d) The Participant has read this agreement, understands it, and has executed this agreement voluntarily, and that this agreement is to be binding upon the Participant, their heirs, executors, administrators and representatives.
5. In addition, the Parties: a) Authorize The Business to collect and use personal information about the Parties which relates in any way to the Activities, including without limitation the publication of photographs in newsletters and promotional materials, and the posting of photographs, videos, articles, rosters, statistics, images and results on the The Business websites; b) Grant permission to The Business to photograph and/or record the Parties image and/or voice, and to use this material to promote The Business through any form and agree that the audio/visual material and copyright will remain the sole property of The Business and waive any claim to remuneration for use of audio/visual materials used for these purposes; c) Understand that they may withdraw such consent at any time by contacting The Business, Who then will advise the implications of such withdrawal; and d) The Participant is aware that the facility is under 24 hour video/audio surveillance and that the Participant will be held liable for any damages, losses, or harm to the facility caused by negligent behaviour or misconduct on my part; and e) As it relates to unstaffed usage of the facility, the Participant agrees to adhere to the rules and regulations of The Business as laid out and signed off during the member orientation. Allowing unauthorized individuals to use the facility, or other breaches of the member contract can and will result in penalties, including but not limited to removal of membership, and fines. *We do not sell or distribute your personal information to any other third party not listed herein