Common use of Activities and Risks Clause in Contracts

Activities and Risks. Activities and amusements offered by the gyms include, but not exclusively: rock climbing, at the gyms and at remote outdoor locations, including bouldering, top roping, lead climbing and speed climbing; transportation to remote climbing sites and walking (including street crossings, to nearby second locations of certain of the gyms); slack lining; dry tooling; rope climbing; use of fitness equipment, use of weight rooms, classes in climbing, yoga, zumba, tabata, foam rollers, campus board, pilates, spinning, and strength and conditioning; rope swings, crate stacking, dodgeball, NERF guns, food services and simply moving about the gym and remote climbing sites. Participants share the responsibility for managing the risks of the activities, supervised or not, including not participating in an activity for which they feel they are not qualified or which includes harmful conditions. Participants must follow all gym policies, rules, and regulations at all times. I acknowledge that gym staff is, and has been, available, to answer any questions about the nature and physical demands of the activities and their associated risks. If I am a parent of a participating minor, I have explained these responsibilities to my minor child or xxxx. Risks of the gym activities include, among others, the following: (1) misuse of the climbing walls, equipment or facilities; (2) falls and abrupt and possibly harmful contact with persons, structures and objects (fixed and moveable), including climbing walls, ropes, flooring and other surfaces; (3) failure of the facilities, climbing walls, holds, harnesses, auto belays and exercise, fitness and other equipment; (4) mental or physical health problems of participants and others; (5) lack of training and conditioning; (6) carelessness and misjudgments, including negligence, of participants and gym staff, by improperly belaying and otherwise failing to follow proper procedures, instructions and operating policies; (7) injuries associated with activities in and about the outdoors, including hiking over sometimes uneven terrain, falling timber and rocks, harmful plants and animals and the forces of nature; (8) camping activities, including the use of cooking stoves and moving about the campsite; (9) accidents and illnesses, including allergic reactions, occurring in remote places where emergency medical care may be significantly delayed; and 10) accidents while being transported to remote sites or walking to nearby gym sites. These and other risks are inherent in the activities of the gym; that is, without them, the activity would lose its value and appeal and vigorous participation would be discouraged. These and other risks can result in losses to participants, including property damage, bodily injury, permanent disability, paralysis, and even death.

Activities and Risks. Activities This Agreement applies to all activities and amusements offered by the gyms includeCentral Rock facilities including, but not exclusivelyexclusive to: rock climbing, at the gyms facilities and at remote outdoor locations, including bouldering (some of which is top out bouldering), top roping, lead climbing climbing, auto belay and speed climbing; transportation to remote climbing sites and walking (including street crossingscrossings to the facilities, or to nearby second locations of certain of the gymsfacilities); slack lining; dry tooling; rope climbing; rappelling; use of fitness and climbing training equipment, ; use of weight roomsweights; climbing classes; training and development classes of various types; all group activities in the facilities including but not limited to games, classes in climbinginstructions, yogadrills, zumba, tabata, foam rollers, campus board, pilates, spinningpractices, and strength and conditioning; rope swingsother activities for recreation, crate stackingfun, dodgeballand/or climbing-related development.. As a Participant, NERF guns, food services and simply moving about the gym and remote climbing sites. Participants share the responsibility for managing the risks of the activities, supervised or not, including not participating in an activity for which they feel they are not qualified or which includes harmful conditions. Participants I understand that I must follow all gym facility policies, rules, and regulations at all times. I acknowledge that gym the facility staff is, and has been, available, to answer any questions about the nature and physical demands of the activities and their associated risks. If I am a parent or guardian of a participating minor, I have explained these responsibilities to my minor child or xxxx. Risks PARTICIPANT INITIALS: [ ] Rock climbing and other activities at Central Rock facilities can be dangerous and involve the risk of serious injury or death even if all Participants and Central Rock personnel exercise due care, and no equipment fails or is misused. Participants have the responsibility for managing the risks of the gym activities, supervised or not, including not participating in an activity for which they feel they are not qualified, or which includes harmful conditions. Certain specific risks of the facility activities include, among others, the followingwithout limitation: (1) misuse of the climbing walls, equipment or facilities; (2) 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; (3) failure of the facilities, climbing walls, holds, harnesses, auto belays and exercise, fitness and other equipment; (4) mental or physical health problems of participants Participants and others; (5) transmission of infectious disease, whether related to the novel coronavirus SARS-CoV-2, (which causes the disease COVID-19) or other pandemics, epidemics, disease outbreaks, public health emergencies or otherwise; (6) lack of training and conditioning; (67) carelessness carelessness, inattention and misjudgments, including negligence, of participants Participants and gym staff, by improperly belaying belaying, improperly tying in to the harness, improperly using or attaching to an auto belay and otherwise failing to follow proper procedures, instructions and operating policies; (7) 8) injuries associated with activities in and about the outdoors, including hiking over sometimes uneven terrain, falling timber and rocks, harmful plants and animals and the forces of nature; (8) 9) camping activities, including the use of cooking stoves and moving about the campsite; (910) accidents and illnesses, including allergic reactions, occurring in remote places where emergency medical care may be significantly delayed; and 10(11) accidents while being transported to remote sites or walking to nearby gym facility sites. These This list is illustrative only and other does not contain all the relevant risks are inherent in the activities of the gyma Participant will encounter or assume; that ishowever, without them, the activity would lose its value and appeal and vigorous participation would be discouraged. These and other risks can result in losses to participants, including property damage, bodily injury, permanent disability, paralysis, and even death.two important points bear emphasis:

Activities and Risks. Activities and amusements offered by the gyms include, but not exclusively: rock climbing, at the gyms and at remote outdoor locations, including bouldering (some of which is top out bouldering), top roping, lead climbing climbing, auto belay and speed climbing; transportation to remote climbing sites and walking (including street crossingscrossings to the gym, or to nearby second locations of certain of the gyms); slack lining; dry tooling; rope climbing; rappelling; use of fitness and climbing training equipment, ; use of weight roomsweights; climbing classes; yoga and other fitness classes including but not limited to spinning, classes in climbingHIIT, yoga, zumba, tabata, foam rollersstrength and core training, campus boardboard training; all group activities in the gym including but not limited to, pilates, spinning, and strength and conditioning; rope swings, crate stacking, dodgeball, NERF guns; food services; sauna, food services and simply moving about the gym and remote climbing sites; and activities related to the above. Participants share the responsibility for managing the risks of the activities, supervised or not, including not participating in an activity for which they feel they are not qualified or which includes harmful conditions. Participants must follow all gym policies, rules, and regulations at all times. I acknowledge that gym staff is, and has been, available, to answer any questions about the nature and physical demands of the activities and their associated risks. If I am a parent of a participating minor, I have explained these responsibilities to my minor child or xxxx. Risks Rock climbing and associated gym activities are inherently dangerous and injury or death can occur even if all parties exercise due care and no equipment fails or is misused. Certain specific risks of the gym activities include, among others, the followingwithout limitation: (1) misuse of the climbing walls, equipment or facilities; (2) 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; (3) failure of the facilities, climbing walls, holds, harnesses, auto belays and exercise, fitness and other equipment; (4) mental or physical health problems of participants Participants and others; (5) transmission of infectious disease, whether related to the novel coronavirus SARS-CoV-2, (which causes the disease COVID-19) or other pandemics, epidemics, disease outbreaks, public health emergencies or otherwise; (6) lack of training and conditioning; (67) carelessness carelessness, inattention and misjudgments, including negligence, of participants Participants and gym staff, by improperly belaying belaying, improperly tying in to the harness, improperly using or attaching to an auto belay and otherwise failing to follow proper procedures, instructions and operating policies; (7) 8) injuries associated with activities in and about the outdoors, including hiking over sometimes uneven terrain, falling timber and rocks, harmful plants and animals and the forces of nature; (8) 9) camping activities, including the use of cooking stoves and moving about the campsite; (910) accidents and illnesses, including allergic reactions, occurring in remote places where emergency medical care may be significantly delayed; and 10(11) accidents while being transported to remote sites or walking to nearby gym sites. This list is illustrative only and does not contain all the relevant risks a Participant will assume; however, two important points bear emphasis: Participant is fully responsible for his/her own expertise While the gym offers orientation and training for all types of indoor climbing, Participants bear the responsibility for duly seeking out and completing the appropriate initial orientation and training courses before engaging in any such activities. Participants also agree to seek out and complete any retraining or refresher courses should they consider it necessary at any time. Participant understands that floor padding cannot eliminate risk Participant agrees that the installed bouldering and roped climbing floor padding can only partially mitigate and not eliminate the risk of serious injury or death resulting from a fall. These and other risks are inherent in the activities of the gym; that is, without them, the activity would lose its value and appeal and vigorous participation would be discouraged. These and other risks can result in losses to participantsParticipants, including property damage, emotional damage, bodily injury, permanent disability, paralysis, and even death.