ACKNOWLEDGEMENT OF RISK
ASSUMPTION OF RISK AND RESPONSIBILITY
AND RELEASE OF LIABILITY
Waiver of liability; assumption of risk: I acknowledge that the use of Vent Fitness facilities, equipment, services and programs involves an inherent risk of personal injury and I voluntarily agree to assume all risks of personal injury and I waive any and all claims or actions that I may have against Vent Fitness, any of its subsidiaries or other affiliates and any of their respective officers, Directors, employees, agents successors and assigns for any such personal injury (and no such person shall be liable to me for any such personal injury). Including, without limitation (i) injuries arising from use of any exercise equipment, machines and tanning booths, (ii) injuries arising from participation in supervised or unsupervised activities and programs in exercise rooms, or other areas of Vent Fitness, (iii) injuries or medical disorders resulting from exercising at any Vent Fitness, including heart attacks, strokes, heat stress, sprains, broken bones and torn or damaged muscles, ligaments or tendons and (iv) accidental injuries within any Vent Fitness facilities, including locker rooms, steam rooms, whirlpools, hot tubs, spas, saunas, showers and dressing rooms. I will indemnify each Vent Fitness, its subsidiaries and other affiliates and each of their respective officers, directors, employees, agents, successors, and assigns (an “indemnified party”) and save and hold each of them harmless against and pay on behalf of or reimburse any such indemnified party as when incurred for any losses which such indemnified party may suffer, sustain or become subject to, as a result of, in connection with, relating or incidental to or by virtue of any claims that is the subject of the waiver set forth above.
ACKNOWLEDGEMENTÂ OF RISKS: I am aware of the meaning of the terms “Free Climbing” (a.k.a.”Bouldering”, “Top Rope Climbing”, “Lead Climbing”, and “Team Building”), and understand the difference between these activities. I accept that “Lead Climbing” is the most dangerous, due to the hazard to both leader and follower. I recognize that there are inherent risks and dangers in each of these activities. These risks may result in serious injury, or death, and include but are not limited to: 1) Falls and painful crashes into walls, rocks, or other obstacles; 2) Risk associated with crossing, climbing, or down climbing; 3) Equipment failure; and 4) My physical coordination, sense of balance, and ability to follow or give directions either as a “climber” or “belayer”. I also acknowledge that certain foreseeable and unforeseeable events can contribute to the unpredictability of the activity; that personal property may be damaged or lost; and that wearing appropriate clothing and footwear are basic safety precautions.
Although you have taken reasonable steps to provide appropriate equipment and/or skilled guides/instructors so I can enjoy an activity for which I may not otherwise be skilled, I acknowledge this activity involves certain risks, which cannot be eliminated without destroying the unique character of the activity. The same elements that contribute to the unique character of the activity can be causes of loss or damage to my/our personal property, or causes of accidental injury, illness, or in extreme cases, permanent traumas, or death.
EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: In recognition of the inherent risks, known and unknown, of the activity which I and any minor children for which I am responsible, will engage in, I confirm that I am (we are) physically and mentally capable of participating in the activity and/or using the equipment. I/We participate willingly and voluntarily, and I assume full responsibility for bodily and personal injury, accidents, or illness (including death), and any related expenses. I also assume responsibility for damage to or loss of my/our personal property. I also assume responsibility for accidents or injury caused by the negligence of my belayer, whether such negligence is comparable or contributory. I acknowledge that wearing appropriate clothing and footwear are basic safety precaution may help/prevent head and/or neck injuries.
I assume the risk(s) of serious injury, accidents, and/or illness, included but not limited to sprains, torn muscles and/or ligaments; fractured or broken bones; eye damage; cuts, wounds, scrapes, abrasions, and/or contusions; dehydration, oxygen shortage (anoxia), exposure and/or altitude sickness; head, neck, and/or spinal injuries; animal bite or attack; insect bite or allergic reaction; shock, paralysis and/or death; and acknowledge that during the activity I/we may experience fatigue, chill and/or dizziness, which may diminish my/our reaction time and increase the risk of an accident.
AUTHORIZATION: I hereby authorize any medical treatment deemed necessary in the event of injury or illness while participating in the activity. I either have appropriate insurance or, in its absence, agree to pay all costs of rescue and/or medical services as may be incurred on my/our behalf.
RELEASE: In consideration of services or property provided, I, for myself and any minor children for which I am a parent, legal guardian, or otherwise responsible, any heirs, personal representatives or assigns, do hereby release:
I have read and understand the foregoing acknowledgment of risk, assumption or risk and responsibility, and release of liability. I understand that by signing this form I may be waiving valuable legal rights.