(Including assumption of risks and agreements of release and indemnity)
This Agreement covers participation in the activities, including the use of the premises, facilities and equipment, of City Rock, LLC, a Colorado Limited Liability Company doing business as CityROCK. City Rock, LLC, and CityROCK are referred to in this document as “The Center”. This agreement affects the legal rights of visitors and their families, and should be read carefully. 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 that minor. The parent or guardian (referred to in this document as “Parent”) signs and agrees for himself or herself and on behalf of the minor visitor. As used herein, "Visitor" includes an adult visitor who signs this agreement and to the minor on whose behalf it is signed. 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 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, play equipment and team building exercises, and a children’s play area. The wall or walls for climbing or rappelling may reach heights of 45 feet. Wall climbers are assisted by means of handholds attached to the walls, and, depending on heights and other circumstances, may be supported in the climb by means of a “belay” – a system of ropes or cable operated automatically or managed by a staff member or other person, including another visitor, 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. “Slack-lining” involves moving across a rope or cable at a height of about two feet off the ground. The simulated cave is approximately 1000 feet long, and visitors must crawl through narrow (some, two feet or slightly less in diameter) passageways, including a variety of elevations, turns and challenging obstructions and cave-like formations and creatures. Visitors may exit the cave 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 Parent, 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 has any mental or physical condition that might create risks to himself or herself 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 his or her knowledge.
The risks of the activities of The Center, and the use of its premises and equipment, include, among others, the following:
All manner of injury resulting from falling off, or on, the climbing wall or boulders or the children’s play area or exiting the elements including by means of a slide; falling from or being struck by exercise equipment, collisions with other persons, the wall, holds and other projections (permanent or temporary), exercise equipment, mats, or the floor.
Rope abrasion, entanglement and other injuries resulting from activities on or near the climbing walls or artificial boulders or children’s play area, including, among others, climbing, belaying, rappelling, lowering on a rope, rescue systems, and other rope uses and techniques.
Injuries resulting from falling climbers or dropped items, including, among others, ropes and climbing (including ice climbing) tools and hardware.
Cuts, abrasions and other trauma resulting from contact with other persons, the climbing wall, the interior walls of the cave, the netting, rope enclosures of the kids’ course, and other structures, and climbing (including ice climbing) tools and hardware.
Failure of ropes, slings, harnesses, climbing hardware, belay devices, anchor points, or any part of the climbing wall or cave, or children’s play area.
Carelessness of other visitors, and staff, including while supervising or managing a belay,
Fears and phobias, including the fear of heights and, in the cave environment, confined spaces, separation from others, close personal contact, and artificial cave-life, including bats and insects.
Strains, pulls and other trauma arising from yoga or fitness exercises.
Illnesses and infectious diseases, including the novel coronavirus and COVID19, described below.
Moving about the premises, where the activities are conducted and otherwise, and use of the facilities, including the café, locker room, and lounge and entry areas, and including areas which may be under repair or construction.
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, its facilities and premises 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 program and its activities -- that is, they cannot be eliminated without destroying the basic nature of the program and reducing its appeal and value.
In response to the COVID-19 pandemic, The Center has modified certain of its procedures and policies for the health and welfare of Visitors and staff. A heightened awareness of the disease and measures to reduce the chances of infection are critical. Visitors are urged to review the information and guidelines published by the Center for Disease Control and Prevention, found at cdc.gov and related material published by the State of Colorado at covid19.colorado.gov. In addition, The Center has developed its own policies for screening Visitors for admission and managing its operations. These policies, including the Center’s Policies, must be read and understood by Visitors, who are urged to ask questions of The Center staff for clarification or more information. Among other requirements, Visitors must: 1) be free of infection and circumstances (including recent travel and exposure to others) which might indicate the possibility of infection, 2) frequently sanitize hands and equipment while on the premises 3) minimize close personal contact with others and wear a face cover as required by the Policies, 4) immediately report to staff any symptoms, condition or conduct which might indicate the presence of or contribute to the spread of the virus, or any other communicable disease.
If COVID-19, its variants, or any other communicable disease, is suspected to have been contracted in connection with a visit to The Center, and contact tracing is sought by a government health authority, I agree that The Center may give to that authority whatever information it has to allow the authority to contact me, an adult Visitor or parent or guardian of a minor Visitor.
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 climbing or another 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 connected 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. 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 City Rock, LLC, 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 or the gross negligence, of City Rock LLC, The Center or another Released Party. I understand that if I make a claim or file a law suit 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 participation 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 28, 2022