BrattCave - Participant Waiver Agreement, Release of Liability, and Acknowledgement of Risk
Participant Name [FIRST NAME] [LAST NAME], [PARTICIPANT NAMES]
Instructions for Parents and Legal Guardians - Participants under the age of 18 must have this document read, initialed and signed by their own parents, or Legal Guardian. Legal Guardians may need to provide supporting documentation.
NOTICE – THIS IS A LEGALLY BINDING AGREEMENT. READ THIS CAREFULLY BEFORE SIGNING. PLEASE FEEL FREE TO CONSULT WITH LEGAL COUNSEL OF YOUR CHOICE. ALTERATIONS TO THIS DOCUMENT OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, CROSS-OUTS, ARE NOT PERMITTED.
In consideration of the services of BrattCave LLC 74 Cotton Mill Hill A-252 Brattleboro, VT 05301, its members, agents, officers, shareholders, directors, employees, volunteers, participants, wall builders, wall designers, hold manufacturers, lessors, insurers and all other persons or entities acting in any capacity on their behalf (hereafter collectively referred to as RELEASEES), I agree to release and discharge RELEASEES, on behalf of myself, my children, parents, guardians, heirs, assigns, personal representatives
and estate as follows:
1. I acknowledge the inherent extreme risks in rock climbing training activities, including those which could occur on artificial climbing walls and result in physical or emotional injury, paralysis, death, or damage to me, property belonging to me, RELEASEES and/or third parties. I realize these risks cannot be eliminated and include, among other things, but are not limited to, climbing or falling off of the climbing wall; being fallen on by other users; impacting the ground and/or climbing wall; being struck by broken, or dropped holds; abrasions and/or injury from walls, climbing walls, ropes, holds, loose holds, dropped holds, broken holds, pads, and/or the floor; equipment failure; climbing out of control or beyond one’s limits; negligence of other climbers, visitors, participants, or other persons who may be present; and/or my own negligence. I understand that there are also unforeseeable accidents which may occur, and I assume all risks associated with such
accidents. I agree that it is possible that the equipment being used might malfunction, be defective, and/or fail. I acknowledge and assume all risks for all other activities which may occur at BrattCave, including, but not limited to, any type of fitness activity such as yoga, weight, strength and cardio training, or other activity.
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2. I agree to abide by all safety rules, in the interest of my safety and the safety of others. I am a voluntary participant in the BrattCave facility and recognize I am therefore personally responsible for my own safe usage of it. Initial Here
3. I expressly agree and promise to accept and assume all of the risks which exist by reason of my participation in this activity. My participation in this activity is purely voluntary and I elect to participate in spite of the risks.
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4. I agree to assume all risks of personal injury, including paralysis and death, which may occur while I am at BrattCave. I hereby voluntarily release, remise, and forever discharge and covenant not to sue, RELEASEES from all liability for any such personal injury that I may incur, and any and all claims, demands or causes of action, which are in any way connected with my participation in this activity or my use of RELEASEES equipment and/or facilities, including any such claims which allege negligent acts or omissions of RELEASEES. I understand that this Participant Agreement, Release, and Assumption of Risk includes my claims for personal injury, including death based in total or in part upon the NEGLIGENT ACTION OR INACTION OF RELEASEES.
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5. In the event any claim, demand, or cause of action is made against RELEASEES by me, or by any minor over who I have supervisory responsibility at the facilities of RELEASEES (whether or not I am physically present at the time of the occurrence of any injury, damage or loss), I agree to indemnify, hold harmless, and defend RELEASEES; including the payment of reasonable attorneys fees, for any claim arising in whole or in part from alleged negligent action or inaction of RELEASEES. Should RELEASEES, or anyone on their behalf, be required to incur attorney’s fees, insurance deductibles, and/or other costs to enforce this agreement, I expressly agree to indemnify and hold harmless that party for all such fees,deductibles and costs.
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6. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I certify that I have no medical, emotional and/or physical conditions that could interfere with my safety in this activity, or else I am willing to assume, and bear the costs of, all risks that may be created, directly or indirectly, by any such condition.
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7. I acknowledge and understand that there is not a substantial impact absorbing medium beneath the training areas; falls from any height can result in injury, paralysis or death.
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8. By signing this document I acknowledge that if anyone, including myself, is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against RELEASEES and any party in privity with RELEASEES.
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9. This release applies to and binds my personal representative, heirs and family. I further represent that I have complete and absolute authority to bind, contract for and legally act on behalf of any minor children in my family, and/or listed in this document, and understand and agree that RELEASEES relies to its detriment upon this representation and would not allow any minor child to use its facility without this representation. If a member of my family under the age of 18, or other child that I have authority to legally
act on behalf of, participates in any activity at BrattCave, whether or not I am present, I make this release and these representations on his or her behalf, as well as my own, and I agree to assume all responsibility for his or her safety.
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10. I understand that this document is a contract. I sign it of my own free will. I understand that this contract is severable; that if any part of it is held by a court of law to be unenforceable, the rest shall survive. I agree that the venue to any legal action arising out of, concerning or involving this document, or the use of BrattCave facilities, or RELEASEES will be in Windham County, Vermont. I also understand and agree that this agreement will remain in full force and effect forever, and will apply to any and all visits I
make, now and forever, to BrattCave. Any future participation and use of BrattCave is evidence of my continuing support of and agreement with this document.
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11. I understand upon signing this agreement that it does not expire.
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I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS FOREVER.
YOU ARE RESPONSIBLE FOR YOUR OWN SAFETY
General rules:
- All participants must sign our waiver, releasing BrattCave from liability and acknowledging their personal responsibility for their own safety. Any minor must have the waiver signed by a parent or guardian.
- No smoking, drinking, or use of illicit drugs is permitted
- Adult supervision is required for children under 16
- Parents are responsible for the actions of their children.
- Respect our neighbors, please be mindful of noise and language during business hours.
Bouldering Rules:
- Never climb alone! You must use the “Buddy System” when using the facility.
- Please remove all jewelry, watches, keys, etc. These objects can cause injury to you and/or your spotter(s).
- The use of at l east one spotter is recommended when bouldering.
- The use of crash pads is recommended at all times.
- Boulder within your personal limits.
- Wear closed toed footwear at all times.
- Pay attention! If you are spotting a climber, your responsibility is to guide the person in the event of a fall. Not being attentive to the climbers every action/movement can result in injury to you, the climber, or others.
- Only climbers on routes, spotters guarding climbers on route, and staff members may be in the climbing area.
- BrattCave is not responsible for lost or stolen articles.
BrattCave reserves the right to deny or revoke access to anyone for any act deemed inappropriate or unsafe without notice.