In consideration of the use of the premises, facilities and services of Adventure Rock, Inc. (“AR”), a Wisconsin corporation, I, an adult visitor (eighteen years of age or older) or the parent or legally appointed guardian (“Parent”) of a visitor who is a minor (“Minor”), understand, acknowledge and agree as follows:
The Facilities: Adventure Rock owns and operates multiple climbing facilities in the State of Wisconsin. This agreement applies to the activities in and of all of Adventure Rock’s facilities.
Activities: I understand that the activities offered by AR include the following: climbing on and rappelling from artificial indoor walls; bouldering; the use of auto belays and manual belay systems; slacklining; independent and group exercising, including the use of exercise equipment; classes; programs; teams; competitions; and otherwise moving about AR premises and its outside perimeter (“Activities”). While an orientation will be provided for some Activities, and certain classes and programs are attended by staff, visitors should not assume that they are being supervised or observed in their Activities.
Risks: I understand that the Activities require moderate to heavy physical exertion and represent that neither I, nor the Minor (if applicable), has any mental or physical condition that might create risks to myself (or to the Minor), or to others. I understand that climbing and other Activities of AR are dangerous and that visitors will be exposed to risks including, among others, the following: (1) slips, falls or collisions while using the facilities, rock climbing walls, floors, landing areas, entrances and exits, and any other facilities or equipment; (2) misuse of equipment (including, importantly, failure to properly clip into and operate the auto belays) and facilities; (3) failure of equipment, including but not limited to worn or defective safety equipment; (4) my, or the Minor’s, physical strength, coordination, sense of balance or ability to give or follow directions when climbing, belaying, using an auto belay or otherwise participating in Activities; (5) entanglements with ropes or equipment; (6) bad decision making by me or the Minor, including, if I am an adult visitor or Parent, while assisting the Minor in Activities; (7) the acts or omissions of other persons, including staff, which might include inadequate or faulty instructions; (8) falling climbers or dropped ropes, climbing hardware, wall components, or other items or personal effects (“Risks”). These Risks and others are inherent to AR, its Activities and premises; they cannot be eliminated without destroying the basic nature of a visit to AR and participation in its Activities.
Assumption of Risks: I understand that the Risks described above, and others, inherent or not, may result in all manner of trauma including breaks, sprains, abrasions, serious injury and even death. I acknowledge and assume all such Risks, inherent and otherwise, whether or not described above. I will carefully read and comply with the guidelines and warnings and instructional signage of AR. If the visitor is a Minor, I, Parent, have discussed the guidelines, Activities and Risks with the Minor who understands them and wishes to participate nevertheless.
Release and Indemnity: I, for myself or on behalf of the Minor, agree to release, not to sue, and to defend and indemnify (that is, to defend and pay or reimburse damages and costs, including attorneys’ fees), Adventure Rock Inc., its owners, directors, officers, volunteers, and employees (“Released Parties”) with respect to any claim related in any way to my, or the Minor’s, visit to AR or participation in any Activities of AR. 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 gross negligence, of a Released Party.
Other: I understand that AR offers free protective headgear for my or the Minor’s use. I assume all risks of using or not using such protective headgear.
I hereby give AR my permission and consent to take photographs, video, and other images of me or the Minor without compensation.
In the event I or the Minor suffer any injury, however minor, while at AR, I agree to notify an employee of AR immediately.
The terms of this agreement and any dispute between a Released Party and a visitor or Parent, related to this agreement or otherwise, will be governed by the substantive laws (not including laws which might apply the laws of another jurisdiction) of the State of Wisconsin. Any suit or mediation of the dispute will take place solely in Waukesha County, Wisconsin. I consent to the jurisdiction of such courts, for myself or on behalf of the Minor.
This document is intended to be binding, to the fullest extent of the law, on all persons signing below, the Minor, if any, and their respective successors, heirs, executors, administrators and family members. It may not be altered. 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.
This agreement will govern visits to the premises of AR on the date on which it is signed and thereafter until it is withdrawn or replaced by a subsequent agreement which will apply to visits thereafter.
The terms of this agreement, including the agreements of release and indemnity, are subject to negotiations, which may include enlargement of fees or other financial obligations for the visitor or Parent.
Date: September 28, 2020