THE CANYON AT POND CREEK Pikeville, Bledsoe County, Tennessee CLIMBER ACCESS AGREEMENT: RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND ASSUMPTION OF RISK 2026-2027 season. Every climber signs a new one each season. THIS IS A LEGALLY BINDING DOCUMENT. READ IT CAREFULLY BEFORE SIGNING. Climbing at The Canyon at Pond Creek is allowed under an access arrangement with the Access Fund and the Southeastern Climbers Coalition. I, the undersigned ("Climber"), ask permission to enter The Canyon at Pond Creek in Bledsoe County, Tennessee (the "Property") to climb, hike and take part in related recreation (the "Activities"). In exchange for that permission, I agree to the following. 1. NO SUPERVISION, NO GUARANTEES The Released Parties (defined in Section 5) provide access to the land only. They do not install, inspect or maintain bolts, anchors or other fixed gear, do not supervise climbing, and make no promise about the condition of any route, rock, anchor, trail, road or structure. Climber alone is responsible for Climber's own training, equipment, judgment and safety. There is no medical support on the Property. 2. RISKS Climbing and outdoor recreation in a wilderness setting have risks that cannot be eliminated. They include, but are not limited to: - falling, including ground falls and falls caused by belay or rappel errors
- failure of bolts, anchors, fixed gear, slings, ropes or other equipment, whether owned by Climber or left by others
- rockfall, loose rock, ice and objects dropped by others
- collision with rock, trees or the ground
- errors or negligence by Climber, partners or other users
- cliff edges, steep, loose and slippery terrain, and trail and approach hazards
- old mine openings, sinkholes and other hazards, natural or man-made
- swimming holes and creeks, including drowning
- snakes, insects, wildlife and plants
- heat, cold, rain, lightning and darkness
- delayed rescue and medical care because of the remote location and limited cell service
- theft of or damage to vehicles and personal property
- serious injury, permanent disability, paralysis and death
Climber knowingly and voluntarily accepts all of these risks, whether listed here or not. 3. PROPERTY RULES Climber agrees to: (a) stay within the property boundaries shown on the property map (thecanyonatpondcreek.com/map), and not cross fences or property lines; (b) never go above the cliff beyond the anchor bolts. Doing so means a permanent ban; (c) stay off the dome area and respect the privacy of lodging guests; (d) park only in designated climber parking and keep the road clear; (e) never throw or drop anything over the cliff, since people may be below; (f) not place new bolts or fixed gear, or develop new routes, without the owner's written permission; (g) stay out of any mine opening, no exceptions; (h) pack out all trash and follow Leave No Trace; (i) keep the gate code private and not share it with anyone who has not signed this agreement. Breaking these rules can result in loss of access. 4. VEHICLES AND PROPERTY The Released Parties do not guarantee safe parking and are not responsible for loss, theft or damage to vehicles or personal property. Climber is responsible for any damage Climber, Climber's vehicle or Climber's guests cause to the Property or to anyone else's property. 5. RELEASE OF LIABILITY To the fullest extent the law allows, Climber, for Climber and Climber's heirs, executors, administrators and assigns, releases, waives, discharges and agrees not to sue The Canyon at Pond Creek QOZB, LLC; McBride Outdoor Hospitality LLC; any affiliated entity that owns, leases or operates the Property; and their owners, members, managers, officers, employees, agents, volunteers and contractors, including Matt McBride (together, the "Released Parties"), for any and all claims, demands, losses, damages or causes of action arising from or related to the Activities or Climber's presence on the Property. THIS INCLUDES CLAIMS ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES. 6. INDEMNITY Climber agrees to defend, indemnify and hold harmless the Released Parties from any claim, loss, damage or expense, including reasonable attorney's fees, arising from Climber's Activities, Climber's guests, or breach of this agreement. 7. MEDICAL Climber authorizes emergency medical treatment if Climber is unable to consent, and is responsible for all costs of rescue, transport and medical care. 8. AGE Climber is 18 or older. Climbers under 18 must be with their parent or legal guardian at all times, and that parent or guardian must sign their own copy of this agreement and accepts full responsibility for the minor. 9. PHOTOS, VIDEO AND EMAIL (A CONDITION OF ACCESS) Agreeing to this section is part of the deal for climbing here. If Climber does not agree to it, Climber may not climb on the Property. (a) Photos and video. The Canyon at Pond Creek, and people working with it, may take photos and video on the Property, and Climber may appear in them. Climber grants The Canyon at Pond Creek and its affiliates a free, perpetual, worldwide right to use Climber's name, image, likeness and voice in those photos and videos on its website, social media, listings, advertising and other marketing, without payment, notice or approval. (b) Email and text. Climber agrees to receive emails and text messages from The Canyon at Pond Creek, including gate code changes, trail days, access updates, and occasional news and offers. Climber may unsubscribe from news and offers at any time. Access updates, including gate code changes, will still be sent while Climber has a signed agreement on file. 10. TENNESSEE LAW This agreement is governed by Tennessee law, and any dispute will be brought in Bledsoe County, Tennessee. It is in addition to, and does not limit, any protection the Released Parties have under Tennessee law, including the Tennessee recreational use statutes. If any part is found unenforceable, the rest still applies. This is the entire agreement on this subject. I HAVE READ THIS AGREEMENT, I UNDERSTAND IT, AND I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE. I SIGN IT FREELY AND VOLUNTARILY. |