Adventure Climb Climbing Wall Waiver

This Adventure Climb Climbing Wall Waiver (the “Waiver”) is made by and between the individual identified in the signature block at the end of the Waiver (the “Climber” or “you”, or the “Parent/Guardian” as applicable) and the Light Cinema (Holdings) Limited, a company incorporated and registered in England and Wales with company number 08822170 whose registered office is at 6 Kingly Street, London W1B 5PF (“The Light”) and is effective as of the date the Waiver is signed by the Climber or Parent/Guardian, as applicable.

Background

1. Adventure Climb (the “Arena”) is owned and operated by The Light. The Climber is a person who has booked to attend and participate in a climbing session at the Arena. The Light operate the entire “Venue” within which the Arena is contained.
2. As set out in the General Terms and Conditions, as a condition of being able to participate in the climbing session, the Climber must attend the introductory safety briefing and sign this Waiver. In consideration of signing this Waiver and waiving and releasing liabilities and claims as set out herein. The Light agrees to maintain insurance coverage for the benefit of the Climber strictly subject to the terms and conditions set out herein.
3. The Parent/Guardian is a person who has booked on behalf of an individual or a group of under 18s (the “Group”) as identified in Clause 4.3 of the Parent/Guardian waiver which will participate in a climbing session at the Arena and for who the Parent/Guardian confirms their authority and accepts responsibility for at all times whilst the child(ren) is/are in the Arena's premises.

Climber Waiver

The parties agree as follows:

1. Insurance

   1. The Light shall maintain public liability insurance with limits of £5,000,000 under which the Climber will be insured for bodily injury, including without limitation death, for so long as the Climber is within the Arena's premises.
   2. The coverage and benefits available to the Climber under this policy is subject to the terms and conditions of the policy, including limits on coverage and deductibles.
   3. The Climber's release of Claims under Clause 3 below shall not apply to any claims asserted by the Climber or their parent, spouse, heirs or executors against The Light or to the extent The Light's public liability insurance policy covers such claims (and in such case only to the extent of such coverage) and provided that the Climber pays any deductibles or self-insured retention associated with any such coverage under The Light's public liability insurance policy.

2. Age & Weight Restrictions

   1. The minimum age for participating in the climbing session is 4 years old. Climbers under the age of 18 must have a Waiver signed on their behalf by an adult. You warrant and represent that you are 18 years old or older.
   2. When supervising any child under the age of 12, you must remain in the Venue for the duration of the climbing session and remain in the Arena where under the age of 8. You are responsible for the welfare of the Climber at all times while in the Venue.
   3. Climbers must weigh at least 10 kg and at most 150 kg to climb. You warrant and represent that your weight is between 10 kg and 150 kg.

3. Assumption of Risk and Release of Liability

   1. You acknowledge and agree climbing and/or attendance at the Arena is an inherently dangerous activity that has significant risk and potential for serious and permanent injuries to yourself and/or others, including, without limitation, paralysis, permanent disability, death, dislocation, concussion, sprain, strain, confusion, fracture, laceration, abrasion, and unconsciousness and you freely and voluntarily assume all risks associated with attending and participation in such activities.
   2. You acknowledge and agree that you will attend the introductory safety briefing for the specific session and have read and fully understand the General Terms and Conditions and that you will at all times comply with the instructions and directions contained in the introductory safety session and the instructions and directions of the supervisor and any other representatives of The Light during your attendance and participation in activities at the Arena including, but not limited to:
      1. wearing appropriate footwear and clothing;
      2. not standing on the coloured mats or in fall zones whilst not climbing;
      3. keeping the rope tight and not pulling on the rope and/or creating any slack whilst climbing; and
      4. remaining attached to the auto belay system at all times whilst climbing.
   3. You represent you have knowingly evaluated the inherent risks, foreseen and unforeseen, in your attendance and participation in activities at the Arena, and you represent and declare that you are physically, mentally, emotionally and intellectually willing to accept and do hereby clearly, unambiguously and explicitly accept, all risks, foreseen and unforeseen, associated with participating in climbing.
   4. You acknowledge and agree you have a duty of care to yourself and others and you represent that you will not do any act or thing to endanger the safety of yourself or others while climbing including but not limited to the consumption of alcohol and/or drugs. You acknowledge and agree that the supervisor and/or any representative of The Light has the right to remove any person from the climbing session who they believe in their sole discretion is endangering, or has the potential to endanger, themselves or another person.
   5. By signing this Waiver you represent you are medically and physically fit enough to participate in the climbing session and any injuries and/or potential weaknesses have been reported to a supervisor at the Arena.
   6. The terms of this Waiver are for the benefit of, and enforceable by, The Light, any third party owner, provider, lessor, lessee and any and all of their related entities, subsidiaries, affiliates, insurers, advisors, representatives of The Light, officers, directors, shareholders, partners, administrators, members, volunteers, agents, commercial partners (including, without limitation, official sponsors, commercial partners and/or official suppliers), endorsers, supporters and customers that currently exist or that may exist in the future (collectively, the “Released Parties”). Subject only to Clause 1.3 above and the remainder of this Clause 3, the Released Parties do not assume or accept any liability for any injury, illness, death, disability, medical treatment or damage to property of any nature whatsoever that you may suffer or incur in connection with your participation in climbing.
   7. In consideration for the insurance benefits provided to you under this Waiver and with full knowledge and assumption of all risks, you, for yourself and on behalf of your parent, spouse, heirs, assigns, executors and administrators (collectively, including you, the “Releasing Parties”), hereby voluntarily, unconditionally and irrevocably release and discharge each of the Released Parties from any and all past, present and future claims, demands, causes of action, losses, expenses, costs and liability (collectively, “Claims”) based upon any injury, illness, death, disability, medical treatment or damage to property arising out of or in connection with your climbing session including, without limitation, any Claims based on the active or passive negligence of any of the Released Parties, but excluding any Claim for the insurance benefits or coverage to which you are entitled under the express terms of Clause 1 above. Without limitation to Clause 3.8, this release shall not apply to any Claims that may not be released by applicable law.
   8. Save to the extent otherwise required by law, in addition and without limitation to Clause 3.7, you hereby voluntarily, unconditionally and irrevocably agree to release from all liability, not to claim and to indemnify and hold harmless the Released Parties for any personal injury, illness, death, disability, medical treatment or damage to property arising out of or in connection with your climbing session including, without limitation, any Claims based on the active or passive negligence of any of the Released Parties, but excluding any Claim for the insurance benefits or coverage to which you are entitled under the express terms of Clause 1 above.
   9. Nothing in this Waiver excludes liability of the Released Party for:
      1. intentional wrongdoing;
      2. gross negligence; and
      3. any liability which cannot by law be excluded or limited.

4. General

   1. Entire Agreement: This Waiver constitutes the entire agreement and understanding between the Climber and The Light and supersedes any prior arrangements, understandings or agreements (whether oral or written) between the Climber and The Light relating to the subject matter of this Waiver. The Climber agrees that it has not entered into this Waiver in reliance upon any representation, covenant, warranty or undertaking made or given by or on behalf of The Light except as expressly set out in this Waiver. The Climber waives any claim or remedy or right in respect of any representation, covenant, warranty or undertaking made or given by or on behalf of The Light unless and to the extent that a claim lies for breach of this Waiver. Nothing in this Clause shall exclude any liability on the part of The Light for fraud or fraudulent misrepresentation.
   2. No Waiver: No failure or delay by either party in exercising any right or remedy provided by law under or pursuant to this Waiver shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right or remedy.
   3. Severability: If any term, Clause or provision of this Waiver or the application thereof is or is deemed or judged to be invalid or unenforceable for any reason, such term, clause or provision shall be amended to the least extent necessary to make such provision enforceable and to give effect to the intent of the parties and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
   4. Amendment: This Waiver can only be amended or modified by a written instrument signed by The Light.
   5. This Waiver is intended to be as broad and inclusive as permitted by law, and if any portion is held to be invalid, illegal or unenforceable under applicable law, the Climber agrees that such provision shall be interpreted or amended to the limited extent necessary to make such provision enforceable and to give effect to the intent of the Released Parties. If no such interpretation or amendment is possible, then the unenforceable term shall be severed from this Waiver and shall not affect the validity and enforceability of the remaining terms.
   6. This Waiver is binding upon and enforceable against the Climber as well as the Climber’s estate, personal representatives, legal representatives, executors, guardians, conservators, heirs, executors, administrators, next of kin and assigns and shall inure to the benefit of the Released Parties.
   7. This Waiver shall not be construed against the drafting party, but rather shall be given a reasonable interpretation in accordance with its plain meaning. No waiver of any provision of this Waiver shall be deemed or shall constitute a waiver of any other provision nor shall a waiver constitute a continuing waiver. No waiver shall be effective hereunder unless it is in writing and executed by the party making the waiver.
   8. Governing Law and Jurisdiction: This Waiver and any dispute or claim arising out of or in connection with this Waiver shall be governed by and interpreted in accordance with the laws of England and each party agrees the Courts of England shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Waiver or its subject matter or formation.
   9. Counterparts: This Waiver may be executed in counterparts (including by PDF or other electronic transmission of the signature page hereto, which shall be as effective as original signatures), each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

I HAVE READ THIS WAIVER OF LIABILITY AND ASSUMPTION OF RISK, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT POSSIBLE UNDER THE LAW. I FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS ASIDE FROM THIS WRITTEN AGREEMENT HAVE BEEN MADE.

Parent/Guardian Waiver

The parties agree as follows:

1. Insurance

   1. The Light shall maintain public liability insurance with limits of £5,000,000 under which each member of the Group will be insured for bodily injury, including without limitation death, for so long as the member of the Group is within the Arena’s premises.
   2. The coverage and benefits available to the member of the Group under this policy is subject to the terms and conditions of the policy, including limits on coverage, exclusions from coverage and deductibles.
   3. The Parent/Guardian’s release of Claims under Clause 2 below shall not apply to any claims asserted by each and any member of the Group or their parent, guardian, spouse, heirs or executors against The Light to the extent The Light’s public liability insurance policy covers such claims (and in such case only to the extent of such coverage) and provided that the member of the Group pays any deductibles, excess and/or self-insured retention associated with any such coverage under The Light’s public liability insurance policy.

2. Age & Weight Restrictions

   1. The minimum age for participating in the climbing session is 4 years old. The Climber must weigh at least 10 kg and at most 150 kg to climb. You warrant and represent the Climbers named below are over 4 years old and each weigh between 10 kg and 150 kg.
   2. Climbers under the age of 18 must have this Waiver signed on their behalf by an adult.
   3. Any child under the age of 12 must have a responsible adult remain in the Venue for the duration of the climbing session and remain in the Arena where under the age of 8. Such adult is responsible for the welfare of the Climber at all times while in the Venue.

3. Assumption of Risk and Release of Liability

   1. You acknowledge and agree climbing and/or attendance at the Arena is an inherently dangerous activity that has the significant risk and potential for serious and permanent injuries to the Group and/or others, including, without limitation, paralysis, permanent disability, death, dislocation, concussion, sprain, strain, confusion, fracture, laceration, abrasion, and unconsciousness and you freely and voluntarily assume all risks associated with attending and participation in such activities.
   2. You acknowledge that each person contained within this waiver must attend the introductory safety briefing for that specific session and have read and fully understood the General Terms and Conditions and that the Group will at all times comply with the instructions and directions contained in the introductory safety session and the instructions and directions of the supervisor and any other representatives of The Light at all times during the Group’s attendance and participation in activities at the Arena including, but not limited to:
      1. wearing appropriate footwear and clothing;
      2. not standing on the coloured mats or in fall zones whilst not climbing;
      3. keeping the rope tight and not pulling on the rope and/or creating any slack whilst climbing; and
      4. remaining attached to the auto belay system at all times whilst climbing
   3. You represent you have knowingly evaluated the inherent risks, foreseen and unforeseen, in the Group’s attendance and participation in activities at the Arena, and you represent and declare that you are physically, mentally, emotionally and intellectually willing to accept and do hereby clearly, unambiguously and explicitly accept, all risks, foreseen and unforeseen, associated with the Group participating in climbing.
   4. You represent you have the legal authority to act on behalf of each member of the Group and sign this Waiver with appropriate legal authority.
   5. You acknowledge and agree you have a duty of care to each member of the Group and others and you represent that the Group and you will not do any act or thing to endanger the safety of the Group or others while climbing including, but not limited to, the consumption of alcohol and/or drugs. You acknowledge and agree that the supervisor and/or any representative of The Light has the right to remove any person from the climbing session who they believe in their sole discretion is endangering, or has the potential to endanger, themselves or others.
   6. By signing this Waiver, you represent each member of the Group is medically and physically fit enough to participate in the climbing session and any injuries and/or potential weaknesses have been reported to a supervisor at the Arena.
   7. The terms of this Waiver are for the benefit of, and enforceable by, The Light, any third party owner, provider, lessor, lessee and any and all of their related entities, subsidiaries, affiliates, insurers, advisors, representatives of The Light, officers, directors, shareholders, partners, administrators, members, volunteers, agents, commercial partners (including, without limitation, official sponsors, commercial partners and/or official suppliers), endorsers, supporters and customers that currently exist or may exist in the future (collectively, the “Released Parties”). Subject only to Clause 1.3 above and the remainder of this Clause 3, the Released Parties do not assume or accept any liability for any injury, illness, death, disability, medical treatment or damage to property of any nature whatsoever that any member of the Group may suffer or incur in connection with their participation in climbing.
   8. In consideration for the insurance benefits provided to the Group under this Waiver and with full knowledge and assumption of all risks, you, for each member of the Group and on behalf of each member of the Group’s parent, guardian, spouse, heirs, assigns, executors and administrators (collectively, including you, the “Releasing Parties”), hereby voluntarily, unconditionally and irrevocably release and discharge each of the Released Parties from any and all past, present and future claims, demands, causes of action, losses, expenses, costs and liability (collectively, “Claims”) based upon any injury, illness, death, disability, medical treatment or damage to property arising out of or in connection with the climbing session including, without limitation, any Claims based on the active or passive negligence of any of the Released Parties, but excluding any Claim for the insurance benefits or coverage to which each member of the Group is entitled under the express terms of Clause 1 above. Without limitation to Clause 3.7, this release shall not apply to any Claims that may not be released by applicable law.
   9. Save to the extent otherwise required by law, in addition and without limitation to Clause 3.8, you, on behalf of each member of the Group, hereby voluntarily, unconditionally and irrevocably agree to release from all liability, not to claim and to indemnify and hold harmless the Released Parties for any personal injury, illness, death, disability, medical treatment or damage to property arising out of or in connection with the climbing session including, without limitation, any Claims based on the active or passive negligence of any of the Released Parties, but excluding any Claim for the insurance benefits or coverage to which each member of the Group is entitled under the express terms of Clause 1 above.
   10. Nothing in this Waiver excludes liability of the Released Party for:
       1. intentional wrongdoing;
       2. gross negligence; and
       3. any liability which cannot by law be excluded or limited.

4. General

   1. Entire Agreement: This Waiver constitutes the entire agreement and understanding between the Parent/Guardian and The Light and supersedes any prior arrangements, understandings or agreements (whether oral or written) between the Parent/Guardian and The Light relating to the subject matter of this Waiver. The Parent/Guardian agrees that it has not entered into this Waiver in reliance upon any representation, covenant, warranty or undertaking made or given by or on behalf of The Light except as expressly set out in this Waiver. The Parent/Guardian waives on behalf of each member of the Group any claim or remedy or right in respect of any representation, covenant, warranty or undertaking made or given by or on behalf of The Light unless and to the extent that a claim lies for breach of this Waiver. Nothing in this Clause 4.1 shall exclude any liability on the part of The Light for fraud or fraudulent misrepresentation.
   2. No Waiver: No failure or delay by either party in exercising any right or remedy provided by law under or pursuant to this Waiver shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right or remedy.
   3. Severability: If any term, Clause or provision of this Waiver or the application thereof is or is deemed or judged to be invalid or unenforceable for any reason, such term, clause or provision shall be amended to the least extent necessary to make such provision enforceable and to give effect to the intent of the parties and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
   4. Amendment: This Waiver can only be amended or modified by a written instrument signed by The Light.
   5. This Waiver is intended to be as broad and inclusive as permitted by law, and if any portion is held to be invalid, illegal or unenforceable under applicable law, the Parent/Guardian agrees that such provision shall be interpreted or amended to the limited extent necessary to make such provision enforceable and to give effect to the intent of the Released Parties. If no such interpretation or amendment is possible, then the unenforceable term shall be severed from this Waiver and shall not affect the validity and enforceability of the remaining terms.
   6. This Waiver is binding upon and enforceable against the Parent/Guardian as well as the Parent/Guardian’s estate, personal representatives, legal representatives, executors, guardians, conservators, heirs, executors, administrators, next of kin and assigns and shall inure to the benefit of the Released Parties.
   7. This Waiver shall not be construed against the drafting party, but rather shall be given a reasonable interpretation in accordance with its plain meaning. No waiver of any provision of this Waiver shall be deemed or shall constitute a waiver of any other provision nor shall a waiver constitute a continuing waiver. No waiver shall be effective hereunder unless it is in writing and executed by the party making the waiver.
   8. Governing Law and Jurisdiction: This Waiver and any dispute or claim arising out of or in connection with this Waiver shall be governed by and interpreted in accordance with the laws of England and each party agrees the Courts of England shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Waiver or its subject matter or formation.
   9. Counterparts: This Waiver may be executed in counterparts (including by PDF or other electronic transmission of the signature page hereto, which shall be as effective as original signatures), each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

5. The Individual Climber or the Group

   1. The Parent/Guardian acknowledges, accepts and agrees they are responsible for the individual climber or each member of the Group, as applicable, as identified in Clause 5.3.
   2. The Parent/Guardian represents they have the express authority of the legal guardian of the individual climber or each member of the Group, as applicable, to sign and accept this Waiver on their behalf.
   3. The individual climber or the members of the Group, as applicable, are detailed within this submission.

I, THE PARENT/GUARDIAN, HAVE READ THIS WAIVER OF LIABILITY AND ASSUMPTION OF RISK, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE, ON BEHALF OF THE INDIVIDUAL CLIMBER OR EACH MEMBER OF THE GROUP AS APPLICABLE, GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT POSSIBLE UNDER THE LAW. I FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS ASIDE FROM THIS WRITTEN WAIVER HAVE BEEN MADE.