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 is designed for children 5 years of age and older. Children younger than 5
must be closely supervised by a responsible adult who must be immediately
available if needed. 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: September 26, 2023
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