This Agreement covers participation in certain indoor wall climbing, bouldering, yoga and related activities offered by Ascent Studio, LLC, a Colorado Limited Liability Company doing business as Ascent Studio. Ascent Studio, LLC, and Ascent Studio are referred to in this document as “The Center”. This agreement affects the legal rights of participants and their families, and should be read carefully. It must be signed by participants eighteen years and older or by a parent or guardian of all minor Participants (those under 18 years of age). The parent or guardian (referred to in this document as “Parent”) signs and agrees for himself or herself and on behalf of the minor participant. From this point forward, the term "Participant" will include both adult and minor users of the facility.
In consideration of being allowed to participate in the climbing and other activities offered by The Center, I, the Participant, and/or the Parent of a minor Participant, understand, acknowledge and agree as follows:
Activities offered by The Center include, but are not limited to: (1) Climbing indoors on an artificial wall or boulder; (2) Rappelling; (3) Slacklining (indoors and outdoors); (4) Dry tooling (simulated ice climbing); (5) Yoga and other fitness classes and activities; (6) Indoor and outdoor games and play equipment; (7) Simulated rescue scenarios; and (8) Team building exercises.
The wall or walls for climbing or rappelling may reach heights of 50 feet. Wall climbers are assisted by means of handholds attached to the walls, and, depending on heights and other circumstances, may be supported while climbing by means of a “belay” – a system of ropes or cable, operated automatically or managed by a staff member or other person, including another Participant or volunteer, at or near the base of the wall and at other points along and above the climbing route.
Bouldering activities will not be belayed, spotted or otherwise managed by The Center, although a climber may choose to be spotted by another Participant or volunteer.
Slacklining in the Center involves moving across a rope or cable at heights from six inches to as many as fifteen feet off the ground, supported by a belay if required by height or other circumstances.
These activities require moderate to heavy physical exertion and can be physically and emotionally demanding. The Participant should not participate in the program if he or she has any mental or physical condition that might create risks to himself or herself or to other Participants or staff.
Staff at The Center will be on site at all times when The Center is open for business. However, the Staff cannot and will not supervise every activity of every guest while on the premises. Therefore, all guests assume the risks inherent in a climbing gym such as The Center, as set forth in this Agreement.
The risks of the activities of The Center include, among others, the following: (1) Falling: falling is normal and expected during all forms of climbing. When bouldering (climbing without a rope for protection) every fall is a ground-fall; (2) All manner of injury resulting from falling off the climbing wall or boulder or slackline; hitting other persons, the wall, holds and other projections (permanent or temporary), padding, mats, the floor or the ground; (3) Rope abrasion or entanglement while climbing, belaying, rappelling, lowering on a rope, employing rescue systems, and other rope uses and techniques; (4) Injuries resulting from falling climbers or dropped items, including, among others, ropes and climbing (including ice climbing) tools and hardware; (5) Cuts, abrasions and other trauma resulting from contact with other persons, the climbing wall and other structures, and climbing (including ice climbing) tools and hardware; (6) Failure of ropes, slings, webbing, harnesses, climbing hardware, belay devices, anchor points, or any part of the climbing wall; (7) Carelessness of other participants and volunteers and staff, including while supervising or managing a belay; (8) The fear of heights, close personal contact with other persons, and other fears or phobias; (9) Strains, pulls and other trauma arising from climbing, yoga or fitness exercises; (10) The Center may from time to time employ independent contractors to perform certain services in connection with the activities. The Center is not responsible for the acts or omissions of these contractors.
The above list does not describe all possible risks associated with the activities of The Center and the list does not limit the extent or scope of the following assumption of risk, release and indemnity. The risks described above, and others, are inherent to the activities at the Center -- that is, they cannot be eliminated without destroying the basic nature of the activity and reducing its appeal and value.
The safety policies of the Center are posted and readily available at the front desk as well as on the Center's web-site. The Participant acknowledges that he or she has read and understands the Safety Policies of The Center and agrees to fully comply with those policies. Parent has discussed the rules with the minor participant and the minor agrees to comply.
Assumption of Risks
The Participant understands that the risks described above, and others, inherent or not, may result in loss of or damage to property, personal injuries, and even death.
I nevertheless hereby expressly acknowledge and assume all such risks, inherent and otherwise and whether or not described above, and voluntarily choose to participate in the activity, accepting responsibility for all such risks, and for injuries or other losses which may be encountered.
Release and Indemnity
I, an adult Participant, or Parent of a minor participant (for myself and on behalf of the minor), hereby agree to release and discharge Ascent Studio, LLC (doing business as Ascent Studio, and referred to herein as The Center) its owners, directors, trustees, employees, volunteers, officers, and contractors (referred to as “Released Parties”) from all claims and liabilities in any way arising from or connected with my, or the minor participant’s, enrollment or participation in activities at the Center, including my, or the minor participant’s, presence on the premises of The Center. I understand that by signing this document, I surrender my rights, and the rights of the minor for whom I sign below, to make a claim or file a lawsuit against Ascent Studio, LLC, The Center or any other Released Party for personal injury, property damage or wrongful death.
As an adult participant or Parent of a minor participant I further agree to defend and indemnify (that is, to pay or reimburse damages and costs, including attorneys’ fees) The Center and the other Released Parties from any claim associated with my, or the minor participant’s, enrollment or participation in an activity of The Center, whether brought by a co-Participant, member of my, or the minor’s, family, a rescuer or any other person, for loss or damage either suffered by me, or the minor, or caused in whole or in part by my, or the minor’s, conduct.
These agreements of release and indemnity include loss or damage caused or claimed to be caused in whole or in part by the negligence, but not the intentional wrongs or the gross negligence, of Ascent Studio, LLC, The Center or another Released Party.
This agreement governs participation in the activities of The Center on the date on which it is signed and thereafter until it is withdrawn by written notice to The Center.
If Participant is a minor, the Parent has discussed the terms of this Agreement including the description of activities and risks with the minor who understands them and chooses to participate nevertheless.
The terms of this agreement and any dispute between a Released Party and Participant or Parent will be governed by the substantive laws of the State of Colorado (not including laws which might apply the laws of another jurisdiction); and any suit or mediation of the dispute will take place solely in Larimer County, Colorado.
This document is intended to be binding, to the fullest extent of the law, on all persons signing below, and their respective successors, heirs, executors, administrators and family members. If any part of this document is deemed by a court of competent jurisdiction to be unenforceable the remainder shall nevertheless be in full force and effect. The terms of this agreement cannot be altered except by a written document signed by the parties.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS.
Date: January 28, 2020