2. Use License
Permission is granted to course students to download one copy of any downloadable materials from the purchased course for personal, non-commercial, transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
a. modify or copy the materials;
b. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
c. attempt to decompile or reverse engineer any software contained on the Power Company Climbing Academy’s web site;
d. remove any copyright or other proprietary notations from the materials; or
e. transfer the materials to another person or 'mirror' the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Power Company Climbing Academy at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Revisions and Errata
The materials appearing on the Power Company Climbing Academy’s website and courses may include technical, typographical, or photographic errors. The Power Company Climbing Academy does not warrant that any of the materials are accurate, complete, or current. The Power Company Climbing Academy may make changes to the materials at any time without notice. The Power Company Climbing Academy does not, however, make any commitment to update the materials.
The Power Company Climbing Academy has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Power Company Climbing Academy of the site. Use of any such linked website is at the user's own risk.
Power Company Climbing, LLC's Release of Liability, Waiver, Indemnity, and Arbitration Agreement
This Release of Liability, Waiver, Indemnity, and Arbitration Agreement (the “Agreement”) is between Power Company Climbing, LLC (“Power Company Climbing”), a limited liability company formed under the laws of the state of Ohio and which is currently headquartered in Lander, Wyoming, and the Power Company Climbing Academy student (the “Athlete”) (Power Company Climbing, PCC Personnel, and Athlete are sometimes collectively referred to as the “Parties”). The Athlete expressly understands and agrees this Agreement and all its parts are an essential aspect of the Athlete’s relationship with Power Company Climbing and fully executing this Agreement is required to participate in any program, plan, service, and/or training with and/or prepared, administered, or conducted by Power Company Climbing.
Representations and Agreement
1. Voluntary Agreement and Services Offered. The Athlete expressly represents, affirms, and avers that he/she/they is eighteen years of age or older and voluntarily enters into this Agreement. If the Athlete is under the age of eighteen (18), then a duly authorized parent and/or legal guardian has signed below on behalf of the minor Athlete, and the duly authorized parent and/or legal guardian makes all representations, averments, and agreements attributable to Athlete in this Agreement. The Athlete agrees that Power Company Climbing is engaged in the business of preparing, creating, formulating, drafting, marketing, and selling athletic training, coaching, instruction, video analysis, and merchandise related to and concerning rock climbing and rock climbing’s various disciplines (the “Services”). The Athlete represents, affirms, and avers that he/she/they has voluntarily and intentionally contracted with Power Company Climbing for the provision of Services offered by Power Company Climbing and/or which may be offered by Power Company Climbing in the future.
2. Athlete Has Sufficient Technical Climbing Knowledge and Ability. Power Company Climbing expressly represents it will not be, and has no intention of, instructing Athlete regarding the fundamental aspects of the use, maintenance, misuse, and safety of rock climbing equipment, belay devices, ropes, anchors, and safety systems. Power Company Climbing and PCC Personnel expect Athlete to have a safe, functional, working, and practical knowledge of all necessary rock climbing equipment, ropes, belay devices, anchors, and safety systems sufficient for Athlete’s safe and effective participation in the Services. Athlete expressly represents, avers, and agrees he/she/they have a safe, functional, working, and practical knowledge of all necessary rock climbing equipment, ropes, and safety systems sufficient for Athlete’s safe and effective participation in the Services.
3. Remote and In-Person Services. The Athlete expressly agrees that any and all Power Company Climbing Services may be provided remotely (over the internet, phone, and/or video-conferencing software) and/or in-person. The Athlete expressly agrees, avers, and represents that he/she/they understand there are certain limitations related to providing the Services remotely and the Athlete has no objections of any kind to any Services being provided remotely. The Athlete agrees that Power Company Climbing and its employees, agents, members, managers, contractors, agents, parents, subsidiaries, affiliates, and assigns (collectively “PCC Personnel”) may elect, at their sole discretion, to provide the Services remotely, in-person, or in any combination of the two.
4. Rock Climbing is an Inherently Dangerous Activity.
a. The Athlete represents, agrees, avers, and stipulates that he/she/they fully understands and believes that rock climbing, including, but not limited to, traditional climbing, aid climbing, sport climbing, single-pitch climbing, multi-pitch climbing, bouldering, hiking, hauling bouldering pads, approaching climbs, scrambling, belaying, spotting, hangboarding, training for rock climbing, cardiovascular training, undergoing testing for rock climbing, weightlifting, athletic training, and kettlebell use (“Rock Climbing”) is an inherently dangerous activity. The Athlete agrees that not all training for rock climbing involves rock climbing specific movement or activity and he/she/they will be required, from time to time, to perform other athletic movements and activities. The Athlete expressly agrees and stipulates that all Rock Climbing and related activities are extremely intense, strenuous, and physically demanding.
b. The Athlete understands, agrees, and stipulates there are dangers and risks—hidden and obvious, foreseeable and unforeseeable—inherent in Rock Climbing and in his/her/their participation in the Services and in Rock Climbing. The Athlete expressly agrees that Rock Climbing and the Services involve inherent risks to persons and property including, but not limited to, (1) cuts, scrapes, bruises; (2) bruised and broken bones; (3) head injuries and concussions; (4) torn, popped, damaged, strained muscles and connective tissue; (5) tendonitis, bursitis or other connective tissue or overuse injuries; (6) respiratory illness or injury; (7) partial and total paralysis; (8) temporary and permanent disability; (9) dismemberment; (10) choking and asphyxiation; (11) injuries related to first aid, medical treatment, and care; (12) injuries related to delayed medical treatment and/or care; (13) death; (14) damaged equipment; (15) broken equipment; (16) ripped, torn, lacerated clothing and textiles; (17) damaged personal property; (18) damaged real property; (20) transportation in vehicles on paved, gravel, and dirt roads as well as off road trails; (21) spectating and/or attending training sessions, camps, programs, festivals, seminars, and/or other events (collectively referred to as “Risks”). The Athlete agrees and stipulates that despite the best efforts of Power Company Climbing and PCC Personnel, and through no fault of either Power Company Climbing and/or PCC Personnel, any and all of the Risks may still occur.
c. The Athlete expressly understands, agrees, and avers that the Risks may arise in a variety of foreseeable and unforeseeable circumstances including, but not limited to, (1) falling while climbing and striking any part of the wall, surrounding vegetation, structures, objects, individuals, and/or the ground; (2) being struck by falling individuals or objects; (3) failure of any part or all of the structure of the climbing walls (including loose holds) and/or the flooring system or landing; (4) the failure and/or defect of any Equipment (“Equipment” includes ropes, harnesses, apparatuses, slings, climbing hardware, holds, anchors, carabiners, belay devices, camming devices, nuts, placed protection, flooring, bouldering pads, shoes, weights, exercise devices, and any other gear and/or equipment used in connection with the Services); (5) failure of any hardware used in the climbing walls or used to attach the climbing holds, anchors or ropes to the climbing walls; (6) rescue efforts; and (7) administration of first aid and medical treatment.
d. The Athlete acknowledges that Power Company Climbing and PCC Personnel strongly recommend Athlete use a UIAA approved climbing helmet while participating in all Services which involve actual climbing. Athlete acknowledges and agrees that the use of a UIAA approved climbing helmet can, and likely will, drastically reduce the likelihood and severity of a head injury should some and/or all of the Risks occur.
e. Athlete expressly acknowledges, agrees, and represents that he/she/they understand that his/her/their participation in Rock Climbing, the Services, and/or any other activity arising out of and/or related to Rock Climbing and/or the Services may result in hazards, dangers, and Risks not contemplated by this Section 4. Specifically, Athlete acknowledges that the list of Risks, hazards, and dangers contemplated by this Section 4 is not a complete list and there are numerous known, unknown, unanticipated, and unforeseeable hazards, risks, and dangers inherent in the Athlete’s participation in Rock Climbing and the Services to which the Athlete may or may not be exposed.
5. Athlete Is In Suitable Health To Participate In Services.
a. Athlete expressly represents and avers he/she/they is in good physical condition and has no reason to believe Athlete is incapable, unfit, or otherwise unable to fully participate in the activities, programs, and Services offered by Power Company Climbing. Athlete expressly represents, affirms, and avers he/she/they is unaware of, and has no reason to believe or suspect, any physical or mental condition of Athlete’s would (a) prevent Athlete from safely, completely, and effectively participating in the Services; (b) negatively impact or impede Athlete’s safe, complete, and effective participation in the Services; and/or (b) endanger Athlete’s health or safety or the health and safety of others due to Athlete’s participation in the Services.
b. Athlete represents and avers he/she/they consulted with his/her/their primary care physician and/or a licensed health care professional of his/her/their choosing prior to contracting for Services and after contracting for Services regarding the anticipated and specific expectations, strain, demands, and intensity of the Services to determine Athlete’s ability to fully and safely participate in Services. Athlete represents and avers that he/she/they have no physical and/or mental conditions which would cause his/her/their participation in the Services to be potentially dangerous to himself/herself/themself or others. Athlete represents and avers that his/her/their primary care physician and/or licensed health care provider expressly released Athlete to participate fully and without restrictions in Rock Climbing and the Services.
6. Athlete Can Cease Participation At Any Time. Athlete understands, acknowledges, and agrees he/she/they can cease his/her/their participation in any aspect of the Services at any time for any reason without penalty. Athlete is under no obligation to continue or complete the Services. Athlete understands, acknowledges, and agrees he/she/they will not be entitled to a refund of any kind if he/she/they decide to terminate their participation in the Services.
7. RELEASE OF LIABILITY AND ASSUMPTION OF RISK.
a. Athlete FULLY and FOREVER RELEASES Power Company Climbing and PCC Personnel and any insurance or adjusting companies insuring or involved in insuring Power Company Climbing and/or PCC Personnel, as well as their successors and assigns, insurers and reinsurers, legal counsel, servants, agents, officers, directors, employees, attorneys, shareholders, members, owners, parents, subsidiaries, affiliates, customers, contractors, all other persons, firms or corporations for whom they may be vicariously liable, and anyone involved in and/or related to the provision of the Services (collectively referred to as the “Released Parties”), from any and all claims, demands, actions, proceedings, causes of action, survival claims, lawsuits, arbitration proceedings, administrative proceedings, fines, penalties, injuries, mental injuries, emotional injuries, economic loss, attorneys’ fees, expert fees, costs of proceedings, costs of court, and damages of any kind or nature brought and/or asserted by, through, or under Athlete, Athlete’s spouse, Athlete’s guests, Athlete’s unborn child, Athlete’s minor children, and/or Athlete’s relatives (collectively referred to as the “Athlete Releasors”) and anyone claiming to be asserting a claim in any capacity on behalf of the Athlete Releasors against the Released Parties. Athlete expressly represents, avers, and stipulates he/she/they has actual knowledge of the waivers and releases contained in this Section 7 and all its subparts.
b. ATHLETE AND ATHLETE RELEASORS EXPRESSLY WAIVE ANY AND ALL CLAIMS WHICH EXIST, NOW OR IN THE FUTURE, WHICH ARE CONTEMPLATED BY THIS SECTION 7 AND ALL ITS SUBPARTS.
8. INDEMNIFICATION. In further consideration of the value received from the Services and other good and valuable consideration which is acknowledged and stipulated by Athlete, Athlete does hereby EXPRESSLY AGREE TO INDEMNIFY, DEFEND, and HOLD HARMLESS THE RELEASED PARTIES from any and all liability of claims, demands, actions, and/or losses (sustained and/or incurred) of any kind or nature (INCLUDING ATTORNEYS’ FEES, EXPERT FEES, AND COSTS) that may be asserted by Athlete Releasors and/or anyone claiming to be asserting a claim in any capacity on their behalf against the Released Parties related to and/or in any way arising out of the provision of Services. Further, in consideration of the values received from the Services and other good and valuable consideration which is acknowledged and stipulated by Athlete, Athlete does hereby EXPRESSLY AGREE TO INDEMNIFY, DEFEND, and HOLD HARMLESS THE RELEASED PARTIES (INCLUDING ATTORNEYS’ FEES, EXPERT FEES, AND COSTS) should Athlete Releasors, anyone asserting a claim in any capacity on their behalf, and/or Athlete’s Estate assert any claims that have been released in Section 8 of this Agreement. It is expressly agreed and acknowledged by Athlete that the indemnity agreement herein discussed extends to all claims or allegations of negligence (whether sole or concurrent) against the Released Parties (i.e., the indemnitees are being indemnified with respect to their own negligence). Athlete expressly agrees and represents Power Company Climbing will have sole and exclusive choice of counsel for any claim triggering Athlete’s obligations under this Section 8. ATHLETE ACKNOWLEDGES IT HAS REVIEWED THIS INDEMNITY AGREEMENT AND REPRESENTS IT HAS ACTUAL KNOWLEDGE OF THIS INDEMNITY AGREEMENT. IT IS EXPRESSLY AGREED AND ACKNOWLEDGED BY Athlete THAT THIS INDEMNITY AGREEMENT MEETS THE APPLICABLE “FAIR NOTICE” REQUIREMENTS OF OHIO LAW.
9. Name, Image, and Likeness Waiver. Athlete expressly acknowledges and agrees that his/her/their participation in the services may be photographed; videotaped; become the subject of books, magazine articles, blog posts, vlog posts, social media posts, seminars, clinics, slide shows, and other written or spoken media; and promoted by Power Company Climbing and PCC Personnel. Athlete expressly forever and for all time waives and releases any and all claims to the rights to any and all uses, including commercial uses, of the Athlete’s name, image, and likeness related to and arising out of his/her/their participation in the Services.
10. Health and Liability Insurance. Athlete represents, avers, and agrees he/she/they have and will maintain sufficient health insurance coverage throughout their participation in the Services. Athlete expressly agrees it is his/her/their responsibility to maintain such coverage and that Power Company Climbing and PCC Personnel will not be acquiring or maintaining any insurance coverage for the Athlete. Athlete expressly agrees to name Power Company Climbing and PCC Personnel as additional insureds on any liability policy maintained by the Athlete which might provide coverage for any claim arising out of and/or related to the provision of Services.
11. Authorization to Obtain Medical Treatment For Athlete. Athlete expressly authorizes Power Company Climbing and PCC Personnel to provide and/or obtain emergency first aid (including, but not limited to, search and rescue, air transportation, and other care deemed reasonably necessary) and/or medical treatment to Athlete if Athlete is unable to authorize such treatment. Athlete expressly agrees that Power Company Climbing and/or PCC Personnel, in their sole discretion, may authorize the emergency first aid and/or medical treatment contemplated by this Section 11. ATHLETE EXPRESSLY WAIVES AND RELEASES POWER COMPANY CLIMBING AND PCC PERSONNEL FROM ANY AND ALL CLAIMS, LIABILITY, DEMANDS, AND CAUSES OF ACTION OF ANY KIND RELATED TO AND/OR ARISING OUT OF ATHLETE’S RECEIPT OF EMERGENCY FIRST AID AND/OR MEDICAL CARE, INCLUDING THE COSTS AND CHARGES RELATED TO SUCH CARE.
12. Stipulation Concerning Location of Services. Athlete expressly stipulates and agrees that much, if not all, Services provided to Athlete will be provided remotely using telephone, internet, emails, and video conferencing software. Therefore, Athlete expressly stipulates and agrees all Services provided to Athlete by Power Company Climbing and PCC Personnel are being provided in Lander, Wyoming, and nowhere else.
13. Choice of Law and Forum. This Agreement shall be governed by the laws of the State of Ohio, without regard for its conflicts of laws principles. Any dispute arising out of or related to this Agreement shall be brought in Fremont County, Wyoming.
14. ARBITRATION AGREEMENT.
a. The Parties agree that all disputes, controversies, or claims arising out of or related to in any way to the Parties’ relationship or termination of that relationship, provision of Services, this Agreement, and/or any breach of this Agreement, shall be submitted to and decided by binding arbitration in Lander, Fremont County, Wyoming. Arbitration shall be administered by American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules and Mediation Procedures in effect at the time the arbitration is commenced. The rules are available online at https://www.adr.org/sites/default/files/Consumer-Rules-Web.pdf. Athlete may also call the AAA at 1-800-778-7879 if there are questions about the arbitration process. Discovery in any arbitration proceeding shall be conducted according to the AAA’s Consumer Arbitration Rules and Mediation Procedures. The Parties expressly agree there will be three arbitrators appointed to adjudicate over any dispute; each party will designate their own arbitrator, and those two arbitrators will appoint the third arbitrator. To the extent not provided for in the AAA’s Employment Arbitration Rules and Mediation Procedures the Arbitrators have the power to order discovery upon a showing that discovery is necessary for a party to have a fair opportunity to present a claim or defense.
b. This Agreement to arbitrate covers any and all grievances, disputes, claims, or causes of action that otherwise could be brought in a federal, state, local court, and/or agency under applicable federal, state, or local laws, arising out of or relating to Athlete’s relationship with Power Company Climbing and/or PCC Personnel and the termination thereof, including claims Athlete may have against Power Company Climbing and/or against its principals, members, officers, directors, supervisors, managers, employees, representatives, contractors, agents, and affiliates in their capacity as such or otherwise, or that Power Company Climbing may have against Athlete, except as prohibited by applicable law or expressly excluded by this Agreement. The claims covered by this Agreement include, but are not limited to, claims for breach of any contract or covenant (express or implied), tort claims, personal injury claims, claims for discrimination, harassment, or retaliation (including, but not limited to, claims based on race, age, color, sex, gender, national origin, alienage or citizenship status, creed, religion, marital status, partnership status, military status, predisposing genetic characteristics, medical condition, psychological condition, mental condition, criminal accusations and convictions, disability, sexual orientation, or any other trait or characteristic protected by federal, state, or local law), and claims for violation of any federal, state, local, or other governmental law, statute, regulation, or ordinance.
c. Athlete and Power Company Climbing expressly intend and agree that:
i. class action, collective action, and representative action procedures shall not be asserted, nor will they apply, in any arbitration pursuant to this Agreement;
ii. each will not assert class action, collective action, or representative action claims against the other in arbitration, court, or otherwise;
iii. each will only submit their own, individual claims in arbitration and will not seek to represent the interests of any other person; and
iv. any claims by the Athlete will not be joined, consolidated, or heard together with the claims of any other customer, person, individual, or entity.
d. Notwithstanding anything to the contrary in the AAA’s Consumer Arbitration Rules and Mediation Procedures, and the general grant of authority to the arbitrator in Section 14(a) of the power to determine issues of arbitrability, the arbitrators shall have no jurisdiction or authority to compel any class or collective claim, to consolidate different arbitration proceedings, or to join any other party to an arbitration between Power Company Climbing and Athlete. Any arbitral award determination shall be final and binding upon the Parties. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
15. No Warranties. Athlete understands and agrees that Power Company Climbing and PCC Personnel are providing no warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, any warranty as to the design, condition, or quality of the Services, and/or any results Athlete may obtain from Services.
16. Knowing and Voluntary Execution of Agreement. This Agreement has been approved and signed by Athlete after review of all terms in this Agreement, and that the terms are fully understood and voluntarily accepted by Athlete, having had the full benefit of representation by an attorney of his/her/their choice. Athlete expressly represents, agrees, and avers he/she/they had more than sufficient time to review and consider this Agreement and its terms prior to signing the Agreement. Athlete acknowledges that this Agreement is made and executed by him/her/they of his/her/their own free will and that he/she/they knows all the relevant facts and his/her/their rights in connection with this Agreement.
17. Severability. If any provision of this Agreement is adjudged to be void or otherwise unenforceable, in whole or in part, the void or unenforceable provision shall be severed and such adjudication shall not affect the validity of the remainder of this Agreement.
18. Entire Agreement. This Agreement constitutes the entire agreement between Power Company Climbing and Athlete and shall not be modified, altered or discharged except by a writing signed by each of the parties to this Agreement.
19. Survival of Agreement. Athlete expressly agrees and stipulates that this Agreement and all its terms will survive and exist beyond (1) the conclusion of the Athlete’s participation in the Services, and (2) the Athlete’s death, temporary disability, and permanent disability. This Agreement can only be revoked or modified in writing signed by both Parties that specifically states an intent to revoke or modify this Agreement.