Visitor Agreement (Including assumption of risks and agreements of release and indemnity) Please read this agreement carefully. It affects the legal rights of visitors and families of visitors to the premises of City Rock, LLC, a Colorado Limited Liability Company doing business as CityROCK, and referred to in this agreement as The Center. It must be signed by each adult (eighteen years and older) visitor or, if the visitor is a minor, by a parent or legal (court appointed) guardian of the minor. The parent or guardian (referred to in this document as “Parent”) signs and agrees for themselves and on behalf of the minor visitor. As used herein, "Visitor" refers to an adult visitor who signs this agreement, and to a minor visitor on whose behalf it is signed by a Parent. In consideration of being allowed to participate in the climbing and other activities offered by The Center, and the use of its equipment and facilities, I, Visitor or Parent of a minor Visitor, understand, acknowledge, and agree as follows: Activities Activities offered by The Center include climbing indoors on artificial walls or boulders, rappelling, “slack lining,” “dry tooling” (simulated ice climbing), simulated caving, yoga, fitness classes and activities (including treadmills, free weights, and other exercise equipment), indoor games and obstacle courses,team building exercises, and a children’s play area. Wall climbers may be supported by means of a “belay” – a system of ropes or webbing operated automatically or managed by a staff member or other person, 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 visitor. “Slacklining” involves moving across a rope or cable at a height of approximately two feet. The simulated cave is approximately 1000 feet long, and visitors must crawl through narrow passageways (some, two feet or slightly less in diameter) which include a variety of elevations, turns, challenging obstructions and cave-like formations and creatures, and exit opportunities at intervals of approximately 30 feet. The children’s play area is accessed from the second floor of the gym and includes a system of netting at various levels, crawling tubes and tunnels, swings and slides, and other features at heights of up to 25 feet, on which young children may climb, bounce and slide. The children’s play area, the Aerie, is designed for children 6 years of age and younger. Children older than 6 are not permitted in the Aerie at any time. Children must be supervised at all times while using the Aerie. These activities require moderate to heavy physical exertion and can be physically and emotionally demanding. The Center must be notified if a Visitor, adult or minor, has any mental or physical condition that might create risks to themselves or to other visitors or staff, including fears of confined spaces or close personal contact with others. Visitor, or Parent, represents that Visitor has no such conditions or that, if they do exist, Visitor, or Parent, has so notified The Center, and has completed The Center’s Medical Form truthfully and to the best of their knowledge. Risks The risks of the activities of The Center and the use of its premises and equipment include the following: Moving about The Center and the use of its facilities, including the café, locker room and lounge and entry areas, and including areas which may be under repair or construction, may result in a variety of physical and mental trauma, including injury, illness and even death. Risks of such injuries and other losses include, among others, the following: Falls from walls, boulders, the children’s play area, other elevated structures, and exiting from those elements; abrupt contact with mats, flooring, climbing walls and their projections, exercise equipment, the interior walls of the cave, and other permanent and temporary structures; collisions with other persons; being struck by falling climbing tools and other gear; rope abrasion from entanglement in ropes and netting; failure of ropes, harnesses and other climbing equipment, anchors and holds on the climbing walls, netting, belay devices and exercise equipment; being struck by falling climbing tools and other gear; rope abrasion, from entanglement in ropes and netting; over-exertion, sprains and strains from yoga and fitness activities; emotional trauma caused by fear of heights, the confined environment of the artificial cave, and close personal contact with others; and the carelessness of other participants and visitors to the gym, gym staff and contractors.
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 description of risks does not include all possible risks associated with the activities of The Center, its facilities and premises and does not limit the extent or scope of the following assumption of risks, release, and indemnity. The risks described above, and others, are inherent to the program and its activities -- that is, they cannot be eliminated without destroying the basic nature of the program and reducing its appeal and value. Assumption of Risks I, an adult Visitor or Parent, understand that the risks described above, and others, inherent or not, may result in loss of or damage to property, personal injuries, illness and even death. I, for myself, and, to the extent allowed by law, for the minor Visitor, nevertheless hereby expressly acknowledge and assume all such risks, inherent and otherwise and whether or not described above, and accept responsibility for all such risks and for injuries or other losses which may be suffered by me or by the minor Visitor related to an activity of the gym or simply moving about the premises. If Visitor is a minor, I, Parent, have discussed the terms of this Agreement, including the description of activities and risks, with the minor, who understands them and chooses to participate, nevertheless. Release and Indemnity I, an adult Visitor, or Parent of a minor visitor (Parent, for myself and on behalf of the minor), hereby agree to release and discharge City Rock, LLC (doing business as CityROCK, and referred to herein as The Center) its owners, directors, trustees, employees, officers, and contractors (referred to as “Released Parties”) from all claims and liabilities, including damage to property, personal injury, illness, and wrongful death, in any way arising from or related to my or the minor Visitor’s, participation in activities of The Center, including moving about its premises and the use of its facilities and equipment. 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 The Center or any other Released Party for property damage, personal injury, illness, wrongful death or otherwise. If I am an adult Visitor or Parent of a minor Visitor I further agree to defend and indemnify (that is, to pay or reimburse damages and costs, including attorneys’ fees and insurance deductibles) The Center and the other Released Parties from any claim associated with my, or the minor Visitor’s, participation in activities of The Center, including moving about its premises and the use of its facilities and equipment whether brought by me, the minor Visitor, a co-visitor, 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 me or the minor. These agreements of release and indemnity include claims of loss or damage alleged to have been caused in whole or part by the Visitor’s becoming infected by, or, with respect to an indemnity claim, infecting others with, a communicable disease including COVID-19 and its variants. The agreements include claims of loss or damage caused in whole or in part by the negligence, but not the intentional wrongs, willful and wanton misconduct, or gross negligence of City Rock LLC, The Center or other Released Party. I understand that if I make a claim or file a lawsuit against a Released Party in violation of this agreement, I will pay all expenses and costs, including attorney’s fees incurred by that party in investigating and defending the claim. Other, including Photo Release This agreement will apply to my, or the minor Visitor’s, visit to the premises of The Center on the date on which it is signed and thereafter until it is replaced by a later agreement. That later agreement will apply to visits thereafter but will have no effect on rights created by this agreement. I hereby give my permission and consent to the taking of photographs, videotapes, and other images of me or the minor Visitor and agree that such images may be published and otherwise used by The Center for advertising, promotion, publicity, or any other purpose The Center deem appropriate, without compensation to me or to the minor Visitor. I acknowledge that I have read and understand the Safety Policies of The Center and agree to fully comply with those policies. If I am the Parent of a minor Visitor, I have discussed the Safety Policies with the minor visitor and the minor agrees to comply.
The terms of this agreement and any dispute between a Released Party and Visitor 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 El Paso County, Colorado. This document is intended to be binding, to the fullest extent of the law, on each person signing below, a minor visitor of which they are parent or guardian, 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. Date: October 29, 2024
|
