METHOD CLIMBING LIABILITY WAIVER
16 Lombardy St Newark, New Jersey 07102
All people who wish to use Method Climbing, LLC’s (“Method”) facilities are required to read and complete this agreement, including the parent or legal guardian of anyone under the age of 18 (“child”), who agrees to supervise their children’s use of Method’s facilities and comply with Method’s policies at all times. No one will be admitted to Method’s facilities who has not read and reviewed this agreement and accepted its terms by electronic signature.
Method reserves the right to add or change its policies from time to time. Any changes to Method policies will be posted in the lobby of the facility. Anyone, including the parent or legal guardian of minor children who use Method’s facilities are required to inform themselves and each minor child who uses the facility of any new policies or policy changes. These policies apply equally to anyone who enters the facility for any purpose, including, but not limited to, observation, use of facilities, services or equipment or participation in any way. *Everyone MUST first check in at the front desk.
*Method has the right, in its sole discretion, to revoke climbing privileges either temporarily or permanently for unsafe or inappropriate behavior.
*In addition to following these written policies, anyone using Method’s facilities, including spectators, parents/legal guardians and group leaders, agrees to follow the verbal instructions provided by Method’s staff.
*Parents/legal guardians/group leaders shall supervise their children/wards at all times and are responsible for the behavior of their children/wards while at Method.
*Anyone using Method’s facilities, including spectators, acknowledge and agree that the use or influence of any one of the following may increase the risk of serious bodily injury or death not only to the user but others (i) medication, prescribed or over the counter, that may impair physical or mental capabilities; (ii) alcohol; or (iii) drugs. Therefore, anyone using Method’s facilities, including spectators, shall not be under the influence of any such medications, alcohol or drugs.
*Prior to climbing, any climber who wants to belay, must first pass a belay test administered by Method staff and, thereafter, complete an auto belay orientation administered by Method staff.
*All belayers must belay from their harness and never from a fixed anchor point.
*All belayers who choose to use any automatic belay device or machinery are responsible to first fully familiarize themselves with the manufacturer’s instructions for the safe use of each such device or machinery as well as the limitations of such device or machinery. Remember: Clip in before you climb.
*Belayers are prohibited from using any device other than the belay devices provided by Method.
*Sitting or lying down while belaying is strictly prohibited. *All climbers must tie in using the rewoven figure eight knot with a double fisherman’s backup knot.
*Anyone who wishes to be a lead climber and/or a belayer of lead climbers must first pass a lead test administered by Method staff.
*Any climber who wishes to use Method’s facilities without the assistance of a Method staff member must first receive a climbing orientation administered by Method staff.
*Climbers are responsible for checking, ensuring and maintaining the safety and safe operating condition of any and all equipment, gear, or apparel (including, but not limited to, anchors, ropes, carabiners, belay devices, harnesses and/or shoes) that climber may utilize while present in or using Method’s facilities regardless of where or from whom climber may have obtained such equipment, gear, or apparel.
*Method is not responsible for lost, damaged, or stolen property while in or on the premises, parking lots or other areas within the vicinity of Method.
*Pick up after yourself because a clean environment is a safer one. Everyone, including spectators, are required to keep the facilities clean and free of debris.
By signing below, you acknowledge and represent that you have read and understand each of the policies listed above. You agree to obey and follow these policies. In the case of a parent/legal guardian or group leader, you further agree to supervise any minor child or children under your care and supervision in compliance with these policies.
IMPORTANT: ACKNOWLEDGMENT OF RISK, WAIVER OF LIABILITY, RELEASE AND INDEMNITY AND USE OF LIKENESS WAIVER
ACKNOWLEDGMENT OF RISK You acknowledge and agree that there are risks associated with any strenuous athletic or physical activity, the use of climbing equipment, and participation in any exercise program, including muscle sprains and strains, torn muscles and ligaments and bone fractures. You acknowledge that exercising at or simply being present in an athletic facility such as Method is not risk free and that you may encounter risks which could include, for example only (a) slipping and tripping hazards (e.g. exercise equipment not returned to racks, water spills); (b) risks posed by moving parts of machinery (e.g. handles on cross trainers, belts on treadmills); (c) biological hazards (e.g. bacteria, viruses and fungi which may persist despite reasonable cleaning and sanitation efforts as well as potential physical reaction to cleaning chemicals used to combat such bacterial, viral and fungi growth); and (d) human factors (e.g. exercise machines left fully loaded with weight, inattention of other participants)
You further acknowledge that CLIMBING is a hazardous and dangerous activity that involves both inherent and extrinsic risks and both natural and artificial risks which include, for example only (a) falls from the climbing surface onto the floor, rock surface, or other objects, (b) falling onto other people, (c) climbers or other objects falling onto me, (d) improper use, installation or maintenance of gear, equipment and/or apparatuses, (e) gear and equipment defects or malfunction, and (f) failure of ropes, slings, bolts, chains, climbing hardware, anchor points, or any part of the climbing wall structure.
You represent that you and/or your minor children are in good physical condition and have no disability, illness, or other condition that could prevent you or your child from exercising and using Method’s facilities without injury or impairment of health, and that you have consulted with a physician concerning participation by you and/or your child in an activity, such as CLIMBING, and have been satisfied by such consultation that you and/or your child may participate in this activity without risk injury or impairment of your health.
You represent that your use of Method’s facilities and equipment is undertaken by you voluntarily. In the case of a parent/legal guardian or group leader, you represent that use by your child or children is undertaken voluntarily and after review of this agreement. Your use may result in all manner of harm, property damage, loss, serious personal and bodily injuries or death to you, your minor children or others. You hereby acknowledge and agree that your use and your minor children’s use of Method’s facilities, services, equipment or premises, involves risks of injury to people and property, including those described above, and you assume full responsibility for such risks.
WAIVER OF LIABILITY AGAINST METHOD In consideration of you and your minor children being permitted to enter Method’s facility for any purpose including, but not limited to, observation, use of facilities, services or equipment, or participation any way, you agree to the following: You hereby release and hold Method Climbing, LLC, its members, directors, officers, affiliates, employees, and agents harmless from all liability to you, your children and your personal representatives, assigns, heirs and next of kin for any loss or damage, and forever give up any claim or demand therefore, on account of injury to your person or property, including injury leading to your death, whether caused by Method’s negligence, active, passive or otherwise, to the fullest extent permitted by law, while you or your minor children are in, upon, or about Method’s premises or using any of Method’s facilities, services or equipment.
RELEASE AND INDEMNITY IN FAVOR OF METHOD You also hereby agree to hold Method harmless and indemnify Method from any loss, liability, damage or cost Method may incur due to your presence or your children’s presence in, upon or about the Method premises or using any of Method’s facilities, services or equipment. You also hereby agree to hold harmless and indemnify Method form any loss, liability, damage or cost Method may incur due to the presence of you or your children in, upon or about Method’s premises or in any way observing or using any facilities or equipment of Method whether caused by Method’s negligence, your negligence, your child’s negligence or that of another climber or spectator or otherwise. You further expressly agree that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of New Jersey and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect. No provision hereof can be waived except expressly in writing signed by an authorized representative of Method.
USE OF LIKENESS WAIVER You acknowledge and agree that Method reserves the right to use any photograph, video recording, audio recording, or any other media taken at the Facility, during climbing activities or in connection with any climbing activities, which may include you or your minor child which photograph, video recording, audio recording or other media may be used in connection with any promotional materials, brochures and website without payment of any fees or royalties to you, individually, or on behalf of your minor child.
TEXT MESSAGING CONSENT By providing your phone number to Method, you agree and acknowledge that Method may text to this number messages related to marketing, notifications, or other communication. You acknowledge that this consent may be removed at your request but that until such consent is revoked, you may receive text messages from Method.
By signing below, you acknowledge and represent that you have read the ACKNOWLEDGMENT OF RISK, WAIVER OF LIABILITY, RELEASE AND INDEMNITY, USE OF LIKENESS WAIVER, AND TEXT MESSAGING CONSENT sections of this agreement and understand that it affects your legal rights against Method in the event you are injured. If you are under the age of 18, a parent or legal guardian must sign it.
Any claim, controversy or dispute arising from or relating to the application, interpretation, implementation or validity of this agreement or a breach thereof, including any claim for bodily injury, shall be resolved by arbitration pursuant to the rules of the American Arbitration Association and the laws of the State of New Jersey. The judgment and the award of the arbitrator shall be conclusive and binding on you and Method. Such judgment and award, thereafter, may be entered in any court having jurisdiction for purposes of enforcement or collection. Such hearing shall be by a single arbitrator. The arbitrator shall be appointed by agreement between you and Method or, if you and Method are unable to reach an agreement within thirty (30) calendar days of Method’s receipt of the demand to arbitrate, the arbitrator shall be appointed by the Superior Court of New Jersey in the county where the facility is located.
Before filing any demand for arbitration, however, you shall first submit any claim, controversy or dispute, to non-binding mediation. The mediator shall be appointed by agreement between you and Method or, if you and Method are unable to reach an agreement within fifteen (15) calendar days of Method’s receipt of the demand to arbitrate, the arbitrator shall be appointed by the Superior Court of New Jersey in the county where the facility is located.
As a threshold matter, the arbitrator shall confirm whether the Waiver of Liability and Release provisions contained in this agreement are enforceable under applicable law.
Any arbitration or mediation shall be held in the county where the facility is located, or such other location mutually agreed to by the parties in writing.
The submission to arbitration shall be unlimited and shall include the determination of the scope or applicability of this agreement to arbitrate. Each party shall pay their own costs, including the sharing equally the costs of the mediator’s and/or arbitrator’s fees.
If necessary, the arbitrator shall establish a reasonable and appropriate schedule for investigation, called “discovery,” but only to the extent necessary to expeditiously resolve this matter.
To the extent that any portion of this agreement is deemed invalid by the Panel, the remaining portions of the agreement, including the Mediation and Binding Arbitration section of the agreement, shall remain binding on you, Method, and their respective counsel in any proceeding.
A demand pursuant to this agreement, including for mediation or arbitration, must be sent to the following address by certified mail: Method Climbing, LLC, 16 Lombardy Street, Newark, NJ 07102.
By signing below, you acknowledge and represent that you have read the ARBITRATION section of this agreement and understand that it affects your right to sue Method because you give up not only your right to sue Method in a court of law but also your right to a trial by jury. If you are under the age of 18, a parent or legal guardian must review and sign it.
BY SIGNING BELOW, YOU ARE CERTIFYING THAT YOU ARE 18 YEARS OR OLDER. YOU ACKNOWLEDGE AND REPRESENT THAT YOU HAVE FULLY READ THIS ENTIRE AGREEMENT AND HAVE HAD THE OPPORTUNITY TO ASK QUESTIONS AND SUCH QUESTIONS HAVE BEEN ANSWERED TO YOUR SATISFACTION. YOU FULLY UNDERSTAND EACH AND EVERY TERM. YOU ARE VOLUNTARILY EXECUTING THIS AGREEMENT. AGREED AND ACCEPTED