Assumption of risk and release

PLEASE READ THIS CAREFULLY. IT IS A LEGAL AGREEMENT, AND IT AFFECTS YOUR RIGHTS. By agreeing to it, you accept the risks of climbing and of training for climbing, and you give up the right to sue us for injury, death, loss or damage, including injury caused by our own negligence.

This is a separate agreement between you and Climb Kaizen LLC, a California limited liability company. "We", "us" and "our" mean that company. "You" means the person holding the account. "The service" means Climb Kaizen's apps and website and everything they show or produce. You agree to it when you sign up, by ticking a box of its own, and nobody can finish signing up without ticking it.

What Climb Kaizen is, and what it is not. It is a tool for logging, planning and understanding your climbing and training. It records what you enter and what your connected devices send it, and it shows you numbers and suggestions that follow from them, such as plans, targets, protocols, timers and test results. It cannot see your technique, your fatigue, an old injury, the rock in front of you, your gear or your partner, and it does not know what you can safely do. Nothing it shows you is medical advice, physiotherapy, diagnosis, treatment or professional coaching. If you have an injury, a medical condition, or any doubt about whether something is safe for you, speak to a qualified professional before you do it.

CLIMBING AND TRAINING FOR CLIMBING ARE DANGEROUS. They can cause serious injury, permanent disability and death. The risks include, among many others:

• falls, rock fall, equipment failure, belay errors, and mistakes made by you or by other people;
• training itself: lifting weights, hangboard and other finger training, all-out pulls on a force sensor, training boards and campus boards, stretching, endurance work, and all-out tests of your strength or endurance;
• injury to your fingers, including their pulleys and tendons, and to your joints, muscles and heart, and injury from overuse;
• the service being wrong. A plan, a suggestion, a target, a number, a timer, a sensor reading or a test result can be wrong. So can what our shared list says about a climb or a place: its grade, what kind of climb it is, how long or how high it is, its bolts or gear, its name, or where it is.

Not all of these risks can be foreseen, and not all of them can be avoided.

YOU ACCEPT ALL OF THESE RISKS YOURSELF. That includes the risks you know about and the ones you don't, and the risks that come from our own negligence or the negligence of anyone acting for us. You are responsible for your own safety, your own decisions about what to climb and what to train, your equipment, your partners, your judgement about your own condition on any given day, and your decision whether to act on anything the service shows you, including any guidance.

YOU RELEASE US FROM CLAIMS ARISING FROM OUR ORDINARY NEGLIGENCE. As a condition of using the service, and to the fullest extent the law allows, you release, waive and discharge Climb Kaizen LLC, its members, managers, employees, contractors and agents, anyone else acting for it, and its successors and assigns, meaning any company that takes over the service, from any claim for injury, death, loss or damage arising out of your climbing or training, or out of your use of or reliance on anything in the service, including any such claim caused by our own negligence or the negligence of anyone acting for us. This covers anything the service produces: guidance, a suggestion, a plan, a prescription, a target or a number, however it was produced and whatever it drew on. You also agree not to sue any of them over a claim this release covers. You give this release for yourself, and for your heirs, your estate, your family and anyone else who could bring a claim because of your injury or death.

Who may agree. You must be at least 18 years old to agree to this release, and you agree to it for yourself.

Tell us first. If you believe we are responsible for an injury or a loss, write to us at support@climbkaizen.com before you bring a claim, and give us 30 days to try to resolve it with you.

The law and the courts. The laws of the State of California govern this release, without regard to its conflict of laws rules. Any claim goes to the state or federal courts located in Los Angeles County, California, and you and we consent to their jurisdiction. If you are a consumer outside the United States, this release does not take away the protection of the mandatory laws of the country you live in, or your right to bring proceedings there.

How this release stands. It is a separate agreement, and it stands on its own. Where our Terms of Service, our Privacy policy or anything else we publish says something different about what this release covers, this release decides. It continues after your account is closed or deleted, after any subscription ends, and if the service changes or another company takes it over. If a court finds part of it unenforceable, that part applies as far as the law allows, and the rest stays in force.

If we change it. We keep a record of which version of this release each account agreed to, by its date. If we change it, the version you agreed to stays yours until you agree to a newer one. To read the version you agreed to, write to support@climbkaizen.com.

YOUR TICK IS YOUR SIGNATURE. When you sign up, you agree to it with a tick of its own. Ticking that box means you have read this release, you understand that agreeing to it gives up legal rights, and you agree to it freely.