(Including Assumption of Risk and Agreement of Release and Indemnity)
PLEASE READ CAREFULLY BEFORE SIGNING.
In addition to our Terms of Service this Agreement must be signed by all adult participants in activities associated with Lattice Training Ltd, a limited liability company incorporated in England (“Lattice Training”). If the participant is under the age of 18 years, this Agreement Waiver must be signed by his or her parent or legal (court appointed) guardian.
“Participant” as used in this Agreement means participants in Lattice Training Activities (see below).
“Terms of Service” means the terms on our website as updated from time to time that all participants who undertake assessment or training related activities with Lattice Training must accept and agree to as a condition of use.
In consideration of the services provided by Lattice Training, I, an adult participant or parent or legal guardian of a participant who is under the age of 18 (child), acknowledge and agree as follows:
“LATTICE TRAINING ACTIVITIES”: This Agreement applies to activities recommended or prescribed by Lattice Training in conjunction with all and any associated services. Lattice Training Activities include but are not limited to the following:
– Any climbing activities undertaken as part of testing, assessment or other training methods (including the provision of training plans) prescribed by Lattice Training to Participants. This includes the use of commercial climbing walls, private facilities and outdoor natural rock features;
-Any training activities undertaken as part of testing, assessment or other training methods (including the provision of training plans) prescribed by Lattice Training to Participants. This includes but is not limited to the use of specialised equipment such as a Lattice Board, fingerboards, campus boards, TRX, weights, yoga balls, pull up bars and gymnastic rings. Physical training methods may include the use of prescribed workouts, and a variety of equipment and procedures which the Participant has not been educated formally to use;
– Any testing activities prescribed by Lattice Training which require Participants to complete maximal physical outputs under their own supervision or the supervision of a third party coach. Several protocols may require a climber or athlete to collect physical measurements using different testing methods practised and researched by Lattice Training.
RISKS: I recognize and understand that there are risks, hazards and danger in Lattice Training Activities, inherent and otherwise, and that participation could result in injuries of all kinds, including serious injury (both physical and mental) or death. The risks involved in Lattice Training Activities include, but are not limited to: falling, collision with objects, people or structures, falling onto uneven, worn or hard landing surfaces; being struck by other participants or objects; loose handholds or loose rock, equipment failure even if equipment is properly used; the conduct, including negligent conduct, of other participants, visitors and commercial facility staff; harm due to exposure to weather, plants or wildlife; and the aggravation of pre-existing conditions. Furthermore, injury to one’s self through physical overload, incorrect exercise form, misuse of protocols and exacerbation of pre-existing injuries. These and other risks are inherent in Lattice Training Activities – that is, they cannot be eliminated without changing the nature of the participation in such activities. Participation in Lattice Training Activities is voluntary and participants may withdraw from participation at any time.
ASSUMPTION OF RISKS: Understanding these risks and dangers, and understanding that other risks will be encountered, I acknowledge that I or the child participant are voluntarily participating in Lattice Training Activities and expressly assume all risks associated with Lattice Training Activities, inherent and otherwise, and whether or not described above with knowledge of the danger involved and hereby agree to accept and assume any and all risks of injury (both physical and mental), death, or property damage, whether caused by the negligence of Lattice Training its directors, officers or employees, or otherwise.
If the Participant is under the age of 18, I have explained the activities and risks to them, and the child wishes to participate in the Lattice Training Activities nevertheless.
OTHER:
1. I, or the child participant, am capable of participating in Lattice Training Activities and have no mental or physical condition that would cause me or the child participant to be a danger to ourselves or others.
- I understand that I am responsible for assessing the quality of my, and the child participant’s, climbing or fitness gear or equipment when completing Lattice Training Activities.
- In the event that I, or the child participant, should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I, or any child participant, should carry our own health insurance.
- I understand that in order to participate in Lattice Training Activities I, for myself or for the child participant of whom I am a parent or legal guardian, must accept this agreement; in addition I, or the child, must complete whatever pre-assessment activities may be required by Lattice Training and must agree to the ‘Terms of Service’ associated with the services provided by Lattice Training. Terms of Service can be found on the Lattice Training website and is linked in with all pre-assessment documents provided to Participants.
- If a party seeks either to enforce its rights under this Agreement or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred.
- I accept that this Agreement was entered into at arm’s length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. I understand that this Agreement shall continue in effect and remain in force in perpetuity from the date it is executed, and covers my, or the child participant’s, participation in all Lattice Training Activities.
- If any portion of this Agreement is held invalid, the remaining portions shall survive and continue in full force and effect. If a court should find that any provision of this Agreement to be invalid or unenforceable, but that by limiting said provision, it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
- This Agreement and the Terms of Service constitute the sole and entire agreement of Lattice Training and I with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
- All matters arising out of or relating to this Agreement shall be construed in accordance with the laws (but not the conflict of law provisions which might invoke the laws of another jurisdiction) of England and for any suit, mediation or other resolution of a dispute arising under this Agreement I, for myself and on behalf of the child participant hereby submit to the exclusive jurisdiction of the courts of England. I voluntarily waive any right I or the child participant may have to a jury trial in any action under this Agreement.
BY ACCEPTING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE LATTICE TRAINING LIMITED.
I intend for it to apply to the fullest extent allowed by law, and to be binding upon members of my, or the child participant’s , family, and our respective, heirs, assigns, and administrators.
