Visitor Agreement

(Including Assumption of Risk, Release of Liability & Imdemnity)

PLEASE READ CAREFULLY BEFORE SIGNING, THIS IS A RELEASE OF LIABILITY AND A WAIVER OF CERTAIN LEGAL RIGHTS

This Agreement must be signed by all visitors of UpTown Climbing LLC, a Louisiana limited liability company (collectively referred to herein with UpTown Climbing’s employees, owners, officers, directors, agents, landlords, independent contractors and assigns as “UpTown”). If the visitor is a minor, it must be signed by the minor’s parent or legal (court appointed) guardian, who signs for themselves and, if allowed by law, the minor visitor. “Visitor” as used in this Agreement includes participants in UpTown Activities (see below) and other persons that enter an UpTown facility or take part in an UpTown activity.

In consideration of the services of UpTown, I, an adult visitor or parent or legal guardian of a visitor who is a minor, acknowledge and agree as follows:

ACTIVITIES: This Agreement applies to facilities operated by UpTown, other facilities that UpTown uses for its activities, and any outdoor or remote locations where UpTown is conducting activities. Activities of UpTown (“UpTown Activities”) include but are not limited to the following: the use of roped (top-rope, auto-belay, and lead climbing) climbing walls, bouldering areas, weights and other training and fitness equipment, participation in activities or events including gear demonstrations, parties, clinics, training, yoga and other fitness classes, remote outdoor climbing, camps and classes, travel to other activity sites, use of parking areas, the rental or borrowing or purchasing of equipment from UpTown, and other activities and use of facilities and equipment at an UpTown gym or elsewhere.

RISKS: I recognize and understand that there are risks, hazards, and dangers in UpTown Activities, inherent and otherwise, and that participation could result in injuries of all kinds, including serious injury or death. The risks involved in UpTown Activities include, but are not limited to: hazards in traveling to the location of an activity; parking and moving about parking and other areas in the vicinity of the gym or other activity site; in falling, collision with objects, people or structures, falling onto padded, unpadded, uneven, worn or hard landing surfaces; being struck by other visitors or objects; loose, broken, or falling handholds or loose rock; equipment failure even if equipment is properly used; the conduct, including negligent conduct of other visitors, participants, staff, volunteers, and third parties; harm due to exposure to weather, plants or wildlife; potential exposure to pathogens and communicable diseases; the aggravation of pre-existing conditions; risks identified by UpTown through rules and warnings, whether written, oral or otherwise; and other foreseeable or unforeseeable risks. I accept that these and other risks are inherent in a visit to an UpTown facility or other activity site – that is, they cannot be eliminated without changing the nature of the visit and participation in UpTown Activities. Participation in UpTown Activities is voluntary and visitors may withdraw from participation at any time.

ASSUMPTION OF RISKS: Understanding these risks and dangers, and understanding that other risks will be encountered, I expressly accept and assume all risks associated with UpTown Activities, inherent and otherwise, whether caused by or contributed to by negligent or other acts or omissions of UpTown, and whether or not described above. My participation is purely voluntary, and I elect to participate in these activities in spite of the risks. If the visitor is a minor, I have explained the activities and risks to the minor, and the minor wishes to participate in the UpTown Activities nevertheless.

WAIVER, RELEASE OF LIABILITY, AND INDEMNITY: I, an adult visitor, or parent or guardian of a visitor who is a minor (for myself and, to the maximum extent allowed by law, on behalf of the minor) agree not to sue, and to release, discharge, indemnify and hold harmless (that is, defend and pay, including costs and attorneys’ fees) UpTown Climbing LLC, lessees and owners of the properties on which UpTown Activities are conducted, and their respective members, owners, officers, managers, directors and staff (“Released Parties”), and to waive any rights, with respect to any damages, claims, liability, or causes of action arising out of or relating to my or the minor child’s visit to UpTown facilities, or other site where UpTown Activities take place, the use of its facilities and equipment, and participation in UpTown Activities. The obligation to indemnify includes any claim, liability, or cause of action by third parties, including other visitors, and a member of my, or the minor visitor’s families, arising out of my, or the minor visitor’s visit to the gyms or other UpTown activity site and/or the use of its facilities and equipment and participation in UpTown Activities. This waiver, release and indemnity agreement include without limitation claims arising out of or relating to the negligence or strict liability of a Released Party.

OTHER:

1. I, or the minor visitor, am capable of participating in UpTown Activities and have no mental, medical, or physical condition that would cause me or the minor visitor to be a danger to ourselves or others. I agree that if, at any time, I believe conditions to be unsafe or my health suffers, I will immediately discontinue participation and leave if appropriate. I warrant that I have adequate insurance, or the financial ability to otherwise cover, the costs associated with any injury or damage I may suffer while participating in UpTown Activities.
2. I understand that I am responsible for assessing the quality of my, and the minor visitor’s, climbing or fitness gear brought to the gym or other activity site and declare that it is in good condition for use. I understand that UpTown is not liable for any lost or stolen equipment or personal items brought to UpTown facilities or other UpTown Activity site.
3. I understand that in order to participate in UpTown Activities I, for myself or for the minor visitor of whom I am a parent or legal guardian, must sign this agreement; I, or the minor, must complete whatever instructional programs or reviews UpTown requires for the particular activity; and I, or the minor, must read and abide by all of UpTown’s rules, warnings, and regulations, as well as laws and other requirements imposed by federal, state, and local authorities. UpTown has no duty to monitor my visit to UpTown whether or not I participate in UpTown Activities.
4. I understand that UpTown’s use of guidelines, reviews, tests, and rules are for its purposes at minimizing the potential for unsafe actions by visitors, and in no manner are a certification of visitor capability. It is the responsibility of every visitor to evaluate their own ability and capability to ensure their own safety and the safety of others around them. Instructional programs including clinics, other training sessions, and skills checks also do not result in certification, except to certify the use of top rope or lead climbing areas, as UpTown is not a certifying agency of any sort.
5. In the event of an accident, I authorize UpTown to stabilize and obtain medical care, including transportation to a medical facility, for me or the minor visitor if, in the opinion of UpTown, medical care is needed and I am unable to make such decisions for myself. I agree to pay all costs associated with such actions on the part of UpTown, and to indemnify and hold UpTown harmless from any consequences resulting from such care.
6. UpTown is hereby authorized to take photos and video of me or the minor in connection with participation in UpTown Activities and has my permission to use my, or the minor’s, name and likeness, without compensation, for marketing and other promotional purposes.
7. 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.
8. I understand that this Agreement constitutes the entire agreement between UpTown and myself regarding the subject matter herein, and supersedes all prior agreements, and shall continue in effect and remain in force in perpetuity from the date it is executed, and covers my, or the minor visitor’s, participation in all UpTown Activities including use of any of UpTown’s facilities, equipment and parking areas.
9. If any provision or part-provision herein is invalid, illegal or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable. Any such modification shall not affect the validity of the remaining provisions of this Agreement.
10. This Agreement shall be construed in accordance with the laws of the State of Louisiana (without regard to conflict of law provisions) and for any dispute, mediation, or claim of any kind arising out of or relating to this Agreement. I, for myself and on behalf of the minor visitor, hereby submit to the exclusive jurisdiction of the courts of Baton Rouge, Louisiana and waive any other jurisdiction or venue to which I or my estate might otherwise be entitled. I voluntarily waive any right I or the minor visitor may have to a jury trial in any action under this agreement.

I HAVE CAREFULLY READ, UNDERSTAND, AND VOLUNTARILY SIGN THIS ACKNOWLEDGMENT AND ASSUMPTION OF RISKS, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT. I intend for it to apply to the fullest extent allowed by law, and to be binding upon myself, members of my, or the minor child’s, family, parents, and our respective, heirs, assigns, and administrators.