WARNING: READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND AGREEMENT TO INDEMNIFY. BY SIGNING THIS AGREEMENT YOU ARE ASSUMING RISKS AND GIVING UP LEGAL RIGHTS. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY AND AGREE TO BE BOUND BY ITS TERMS. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF THE EFFECT OF THIS AGREEMENT.
Bliss Climbing Corporation
11114 E. 28th St. N., Wichita, KS
Visitor and Participation Agreement
(Including assumption of risks and agreements of release and indemnity)
This Agreement must be signed by all adult visitors (18 years of age and older) to the premises of Bliss Climbing Corporation (a Kansas corporation doing business as Bliss Bouldering and Climbing Complex and hereinafter referred to as “Bliss”), and by a parent or guardian of all minor visitors, excepting only those persons who remain in the reception area or enter the gym area accompanied by a staff member. A parent or guardian (referred to in the document as “Parent”) signs and agrees for himself/herself and on behalf of the minor Participant. In consideration of the services and use of the premises of Bliss, I, an adult visitor and/or the Parent of a minor visitor, understand, acknowledge, represent and agree as follows:
Activities of the facility include, among others, climbing indoors on an artificial wall or boulder, rappelling, yoga, training and conditioning, including the use of weights and fitness equipment. Some activities may occur on the outside perimeter of the gym. All these activities are hereinafter referred to as “Activities”. These types of activities can be dangerous, and require moderate to heavy physical exertion.
Visitor, and/or the parent of a minor visitor, represents, warrants and agrees that visitor is in good health and in proper physical condition to participate in all Activities, and has no condition (mental or physical) that might create risks to the visitor or others, and that visitor is not under the influence of illicit or prescription drugs or alcohol or any substance that might in any way impair visitor’s ability to safely engage in the Activities. Visitor will not engage in an activity beyond his or her capabilities or otherwise endanger himself or herself or others while engaging in the Activities, using the equipment, or moving about the premises. Visitor or the Parent of a minor visitor agrees to be solely responsible for determining the sufficiency of participant’s health, fitness and ability to participate in the activities offered by Bliss. Visitor agrees to complete a Bliss orientation prior to engaging in climbing activities or assisting a minor visitor. Spectators are not required to complete an orientation, provided that visitor is not participating in Activities or assisting a minor in Activities.
Visitor, understands, agrees and acknowledges that the risks of a visit to the premises and participate in the Activities include, but are not limited to: a) falling from or off the climbing wall, boulder or rappelling tower, including while exiting; b) colliding with, hitting, or being hit by, other persons, dropped items (including ropes and climbing hardware or wall components), rock faces, holds and other projections (permanent or temporary), mats, the floor or the ground; c) rope or webbing abrasion and entanglement; d) the use and misuse of ropes, auto-belay devices, slings, harnesses, climbing hardware, anchor points, or any part of the climbing wall or boulder structure; e) slips, trips, falls and other trauma while moving about and using the premises and fixtures, including exercise and fitness equipment; f) the failure or malfunction of machines; and g) the carelessness of other visitors, including participants in the Activities, and Bliss staff. Visitor agrees to be attentive to the proper use of the auto belays and agrees and understands that it is absolutely necessary to assure by all reasonable means that the climber is properly attached to the mechanism before climbing.
Visitor understands, agrees and acknowledges that the risks described above, and others are inherent in the Activities, that is, they cannot be eliminated without destroying the basic nature of the Activities and reducing their appeal and value and that these and other risks may result in all manner of injury, including slight injury or serious bodily injury, temporary or permanent disability, paralysis, death, loss or damage to property, illness, anxiety caused by heights and other phobias.
Assumption of Risks
I, an adult visitor, understand (and if I am a Parent I have explained to the minor visitor) the Activities and risks described above and understand that other risks may be encountered. I, for myself, and if applicable, for the minor child, acknowledge and assume all risks of a visit to the facility, whether or not described above and inherent or otherwise, and hereby assume the risk, both known and unknown, of personal injury or death, injury to third parties, and damage to property that arise out of or relate in any way to visitor’s past, present or future participation in Activities at the facility.
Release and Indemnity
I, an adult visitor, or Parent of a minor visitor (for myself, and/or on behalf of the minor visitor, my spouse, children, parents, guardians, heirs, next of kin, executors, administrators, successors and BLISS BOULDERING & CLIMBING COMPLEX VISITOR AND PARTICIPATION AGREEMENT 3 assigns) hereby agree to defend, indemnify and hold harmless (that is, to pay or reimburse damages and costs, including reasonable attorneys’/expert fees and costs) and to release, waive, and covenant not to sue, Bliss, and its affiliates, owners, officers, directors, employees, agents, contractors and landlord (referred to as “Released Parties”) with respect to any and all claims, demands, causes of action, damages, losses, costs, and liabilities of any kind or nature absolute or contingent, known or unknown, whether or not asserted, threatened, alleged or litigated, now existing or arising in the future, at law or equity, arising from or connected with my, or the minor child’s, enrollment or participation in any of Bliss’ Activities, and my, or the minor child’ presence on the premises of Bliss. 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 Bliss or another Released Party. I understand that by signing this document, I surrender my rights, the rights of others and the rights of the minor for whom I sign below, to make a claim or file a lawsuit against Bliss or any other Released Party based upon my, or the minor child’s, enrollment or participation in any of Bliss’ Activities, including my, or the minor child’s presence on the premises of Bliss.
Visitor understands that all personal effects, jewelry and any other personal property owned, controlled or used by the visitor and brought to Bliss’ facility or left in visitor’s vehicle in the Bliss facility parking lot, shall remain the sole responsibility of visitor to property secure from theft, damage or injury to another person. All personal property left at Bliss’ facilities is left at the sole risk of visitor as to its theft, damage or injury to any other third party, and all loss, damage or injury resulting from visitor’s personal property shall be at the sole expense of visitor.
- This agreement will govern visitor’s visits to Bliss until it is replaced or cancelled in writing.
- Bliss may from time to time employ independent contractors to perform certain services in connection with the activities. Bliss is not responsible for the acts or omissions of these contractors.
- Adult visitor and/or the Parent of a minor Participant, has been given ample opportunity to read and review this Agreement, and has read and understands and agrees that he or she, and the minor, if applicable, will fully comply with all Policies of Bliss, including Facility Rules, a copy of which has been made available to visitor, or Parent.
- Visitor, or Parent, authorizes any medical treatment which Bliss staff deems necessary in the event of an injury or illness to visitor while on the premises. Adult visitor, or Parent, agrees to pay all costs of rescue and/or medical services as may be incurred on visitor’s behalf, including the cost of transportation.
- This Agreement gives Bliss the exclusive rights and permission to use all media captured at Bliss’ facilities, including but not limited to, security footage, photos and videos. This media may be used for any and all purposes including but not limited to publication in both printed and electronic media, internet, websites, advertisements and all other promotional or commercial purposes, without compensation to me or the child.
- Any dispute between a Released Party and a visitor or Parent will be governed by the substantive laws of the State of Kansas; and any suit or mediation of the dispute will take place solely in Sedgwick County, Kansas. In the event a party hereto defaults in any of the covenants or agreements contained herein, the defaulting party shall pay all costs and expenses, including reasonable attorneys’ fees and expert fees incurred by the other party.
- 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 acknowledge that I have read this Agreement carefully and in its entirety, that I understand its terms and conditions, and acknowledge that I will be giving up substantial legal rights, including the rights of others, by signing it. If any information, representation or warranty provided on this form is not factual, Visitor, or Parent, agrees to indemnify Bliss with respect to any claim arising from the visit, as provided above.
Date: August 8, 2020