AGREEMENT (1) FOR ACKNOWLEDGMENT OF RISK, (2) FOR WAIVER, DISCLAIMER, AND RELEASE OF LIABILITY, (3) NOT TO SUE, AND (4) FOR INDEMNITY
**IMPORTANT – PLEASE READ THE ENTIRE AGREEMENT**
YOU MUST CHECK "I AGREE" TO ALL SECTIONS OR WAIVER CANNOT BE SUBMITTEDAND YOU CANNOT ENTER OR PARTICIPATE IN ACTIVITIES, OR USE THE GYM'S FACILITIES OR EQUIPMENT.
In consideration of the services of AZ on the Rocks - Indoor Climbing, Inc. and its representatives, I, on behalf of myself and, jointly and severally, on behalf of my minor child(ren), if any is/are listed as participants below, and on behalf of our respective heirs, personal representatives, spouse, next of kin, successors and assigns (hereinafter collectively “we”), hereby understand, acknowledge, and voluntarily agree with AZ on the Rocks - Indoor Climbing, Inc., its shareholders, officers, directors, employees, agents, contractors, representatives, insurers and/or landlords, and each of their successors and assigns (hereinafter collectively the "GYM") as follows:
CLIMBING, YOGA, TEAM-BUILDING, CAMP, EXERCISE, DANCE, BOOT CAMP, ZIPLINE, SLACKLINE, FREE FALL, RAPELLING AND OTHER ACTIVITIES AND USE OF THE GYM’S SERVICES, EQUIPMENT AND FACILITIES AT THIS LOCATION, ALL OTHER LOCATIONS AND ANY OFF-SITE LOCATIONS ENTAILS SIGNIFICANT RISKS, BOTH KNOWN AND UNKNOWN, WHICH COULD RESULT IN PHYSICAL OR EMOTIONAL INJURY, PARALYSIS, DEATH, OR DAMAGE TO US, TO PROPERTY AND/OR TO THIRD-PARTIES. SUCH RISKS INCLUDE, AMONG OTHERS, (a) FALLS FROM THE CLIMBING SURFACE ONTO THE FLOOR, ROCK SURFACE, PROJECTIONS, PADS OR OTHER OBJECTS, (b) FALLING ONTO OTHERS PRESENT, (c) CLIMBERS OR OTHER OBJECTS (SUCH AS ROPES, HOLDS OR HARDWARE) FALLING ONTO US, (d) IMPROPER USE, INSTALLATION OR MAINTENANCE OF GEAR, EQUIPMENT AND/OR APPARATUSES, (e) GEAR AND EQUIPMENT DEFECTS OR MALFUNCTION, (f) FAILURE TO FOLLOW PROPER CLIMBING AND/OR BELAY PROCEDURES, (g) IMPROPER OR INSUFFICIENT TRAINING, SUPERVISION AND/OR INSTRUCTION, (h) ROPE ABRASION AND/OR ENTANGLEMENT, (i) CUTS AND ABRASIONS RESULTING FROM SKIN CONTACT WITH THE CLIMBING WALL, (j) FAILURE OF ROPES, SLINGS, BOLTS, CHAINS, CLIMBING HARDWARE, ANCHOR POINTS, OR ANY PART OF THE CLIMBING WALL STRUCTURE; (k)TWISTED OR BROKEN ANKLES, FEET AND OTHER BODY PARTS, MUSCLE, LIGAMENT AND/OR TENDON TEARS OR STRAINS, JOINT AND/OR SPINAL INJURY, SPRAINED NECK, ROTATOR CUFF INJURIES, HEAD INJURIES, STRAINING MUSCLES FROM OVER-STRETCHING, CONTACT WITH ANOTHER PARTICIPANT AND DIZZINESS, and (l) NEGLIGENCE OF BELAYERS, OTHER PARTICIPANTS, THIRD-PARTIES AND/OR THE GYM. CLIMBING IS AN EXTREMELY HAZARDOUS AND DANGEROUS ACTIVITY AND INVOLVES BOTH INHERENT AND EXTRINSIC, AND BOTH NATURAL AND ARTIFICIAL RISKS. These are not all of the risks associated with our participation in the activities, and the above list in no way limits the scope of this Agreement. We also realize that climbing indoors is not the same as climbing outside, and that climbing outside requires additional training.
Although AZR has implemented extensive precautions in an attempt to minimize the chances of our visitors contracting Coronavirus (COVID-19) or other viruses, it is impossible to guarantee a virus-free facility. Indeed, even despite precautions, health clubs, including rock climbing facilities such as AZR, are considered high risk establishments because, among other factors, it is impossible to thoroughly and regularly disinfect every high touch surface and because of the number of visitors at the facility at any given time and/or over a period of time. By following posted mitigation protocols, you will help us reduce the chances of transmission. By entering our facility, you acknowledge and accept the risk of spreading or contracting COVID-19 or other viruses. For more information, please visit cdc.gov/coronavirus.
Our participation is entirely voluntary and with a full understanding that all such usage involves all manner of hazards and dangers. We choose to participate in spite of the risks. WE ACCEPT AND ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, WHETHER CAUSED OR ALLEGED TO BE CAUSED BY THE NEGLIGENCE OR GROSS NEGLIGENCE OR OMISSIONS OF THE GYM.
We have a responsibility to ourselves and other users of the GYM, to conduct ourselves in a safe manner. As directed by the GYM, we will watch the Gym’s basic climbing instruction video, participate in an orientation and/or receive basic instruction before climbing or belaying. If we are unsure about how to safely engage in any activities at any time, we will ask GYM staff for further instruction BEFORE participating. We are in good health and have no condition that will affect our safe participation in the activities, or else we assume and agree to bear the costs of all risks that may be created, directly or indirectly, by such condition. We will not use the GYM while under the influence of drugs or alcohol or while in any other condition that might impair us. We have adequate insurance to cover any injury or damage we may cause or suffer while participating in the activities, or else we agree to bear the costs of such injury or damage.
We use and accept items received from the GYM "AS IS" with no warranty, and participate in the activities and use the facilities and equipment at OUR OWN RISK. The GYM has no responsibility for lost, damaged or stolen items.
WE HEREBY VOLUNTARILY AND KNOWINGLY FOREVER WAIVE, RELEASE, AND DISCHARGE AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE GYM FROM ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, OR CAUSES OF ACTION WHATSOEVER FOR ANY HARM, LOSS, DAMAGE, PROPERTY DAMAGE, PERSONAL INJURIES OR DEATH ALLEGED TO BE CAUSED BY THE NEGLIGENCE OR GROSS NEGLIGENCE (but not intentional conduct) IN CONNECTION WITH OUR PRESENCE, PARTICIPATION IN THE ACTIVITIES AND/OR USE OF THE GYM’S FACILITIES OR EQUIPMENT.
WE UNDERSTAND THAT BY SIGNING THIS AGREEMENT, IF WE OR ANYONE ELSE IS HURT OR PROPERTY IS DAMAGED, AMONG OTHER THINGS, WE SHALL HAVE (a) NO CLAIMS WHATSOEVER AGAINST, (b) NO RIGHT TO SUE, AND (c) NO RIGHT TO RECOVER ANY DAMAGES OR OTHER COMPENSATION FROM THE GYM.
We give the GYM permission to use our likenesses (photo or video) for promotional purposes, without compensation. If any term or provision hereof is invalid, illegal or unenforceable, it shall be stricken only to the minimal extent necessary, and the remaining shall remain unimpaired. No provision can be waived or changed in any way (notwithstanding any purported oral statement or change on this Agreement) except expressly in writing personally signed by an owner of the GYM. All terms and paragraphs apply even if not initialed/checked. This Agreement is governed by the laws of the State of Arizona. This Agreement is irrevocable and has no expiration date.
We agree to abide by all of the following rules and all rules posted in the gym:
Rules that ALL visitors must follow
Everyone must read and sign a waiver and acknowledge and agree to the following gym rules:
Everyone must pass the applicable safety tests.
No one under the influence of drugs or alcohol is allowed in the facility.
No animals, other than service animals, are allowed in the facility.
No smoking or vaping within the facility, or within 20 feet of any entrance.
No cursing or inappropriate conversations. Please be courteous, this is a family friendly facility.
No children under the age of 15 are allowed at the facility without adult supervision. See child/baby policies for further information.
Adults must directly supervise all children in their care (see AZR’s baby/child policy).
No children on the fitness equipment or using weight machines, including: treadmills, bikes, etc.. Children can access the treadwall and ninja rig under direct supervision only.
All visitors must adhere to AZR’s dress code: Shirts (men) may only be removed during Members-Only hours. Sports bras are allowed during all operational hours. Shorts must be long enough so that harness material is resting on clothing rather than skin.
No food or beverages other than clear bottled water allowed in the climbing area.
AZR is not responsible for lost, stolen or damaged property. Secure personal belongings.
No barefoot climbing.
No climbing shoes allowed in the restrooms.
Watch out for falling climbers.
Do not climb, stand, sit or walk underneath climbers.
Stay clear of swing and fall zones.
Please be courteous to other climbers waiting to use the route/wall.
Right of way belongs to the first climber to start a route-others yield at a safe distance.
Do not climb on top of wall structures.
Do not grab, hang from or step on bolts or quick draws.
Do not touch fire sprinkler covers.
No wire brushes to clean holds.
No hip belays, munter hitches, swami belts, etc.
Headphones are permitted, but only one ear bud is allowed in the ear and only if the climber is still able to hear any and all calls from the ground.
Top rope rules
Follow all general rules.
Nobody is allowed to belay without first going through and passing a test with an AZR employee.
Use only UIAA approved equipment. You are responsible for using your equipment per manufacturer’s recommendations.
Ensure your equipment is in proper condition for use.
Use only gri-gri belay device.
Tie in to 2 hard points using only a figure-eight follow through knot.
Floor anchors are required.
Complete proper partner checks, EVERY TIME. Even when utilizing auto belays, check yourself carefully.
Do not tope rope on designated Lead Only routes.
Use appropriate rope for the route (rope that is closest to the final hold).
Stay on designated route-avoid potential for wide swings or crossing into climbing path of others.
No sitting, kneeling or lying down while belaying. Proper belay stance is standing up at attention to the climber.
Nobody under the age of 15 can belay without completing the Youth Belay Certification Class.
Auto belay minimum weight is 35 lbs, maximum weight is 310 lbs.
Clip auto belays back into designated location after climbing.
Do not let auto belays go up uncontrolled.
Follow all general rules.
No one under the age of 15 in the bouldering area without direct adult supervision.
Parents must stay with, supervise and spot their children.
Use and properly position crash pads.
All climbers should have a spotter while bouldering, but spotters do not guarantee an injury free fall.
One climber over a crash pad at a time.
Do not sit, stand, walk or climb underneath climbers. Watch out while walking through bouldering area.
Topping out is not allowed.
Climbers may boulder outside of the bouldering area, but hands may not go above the level of the first quick draw, crash pads must be used and cannot be underneath other climbers.
Lead climbing and belaying rules
Follow all general rules.
All lead climbers/belayers must be certified at AZR and display a “certification” tag on their harness at all times.
ATC is approved for leading. Additional tests for Gri-Gri certification are optional.
Safely make all clips before the climber’s entire body passes them (no skipping clips), and in the order they appear on the climb.
No z-clips or back clips.
Use proper communication between climber and belayer.
Please do not set up or adjust the slackline, ask the staff for assistance.
No bouldering or climbing directly above the slackline.
No swinging from the rope hanging over the slackline.
No flips onto, off of or while on the slackline.
I HAVE HAD FULL OPPORTUNITY TO READ AND HAVE READ THIS ENTIRE AGREEMENT AND RULES, UNDERSTAND THEM AND AGREE, JOINTLY AND SEVERALLY, ON BEHALF OF MYSELF AND MY MINOR CHILD(REN), IF ANY ARE LISTED AS PARTICIPANTS BELOW, TO BE BOUND BY THEIR TERMS. I REPRESENT AND AGREE THAT ANY MINOR CHILDREN I LIST AS PARTICIPANTS BELOW ARE, IN FACT, MY OWN MINOR CHILDREN OR CHILDREN OVER WHICH I HAVE BEEN APPOINTED AS LEGAL GUARDIAN BY A COURT AND, IF NOT, I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE GYM FROM ANY/ALL CLAIMS, LOSS, DAMAGE, ATTORNEYS’ FEES AND/OR COSTS RELATED TO SUCH MINOR CHILD’S PARTICIPATION.