(including assumption of risks and agreements of release and indemnity)
Please read this agreement carefully. It must be signed by all adult (18 years and older) visitors to activity sites of Carabiners Fairfield, LLC, a Connecticut limited liability company doing business as Rock Climb Fairfield and/or RCF and/or RCF Yoga. If the visitor is a minor, it must be signed by their parent or court-appointed guardian (each referred to as “parent”). The parent signs for himself, herself, or theirself and, to the maximum extent allowed by Connecticut law, on behalf of the minor. This agreement may be used for more than one visitor, in which case it must be signed by or on behalf of each visitor.
Prior to signing this Visitors Agreement, which includes agreements to release and waive liability, assume risks and indemnify, parent or adult visitor may contact a representative of Rock Climb Fairfield to discuss and/or bargain regarding any of the terms set forth herein. Any modification might result in an increase in fees paid.
In consideration of the services of Rock Climb Fairfield (referred to in this agreement also as RCF), I, an adult visitor and/or parent of a visitor who is a minor, acknowledge and agree as follows:
RCF activities include, but not exclusively, indoor wall climbing, bouldering, aerial silking, aerial hooping, aerial hammocking, yoga and the use of training walls and a variety of fitness and exercise equipment, inside and in the immediate vicinity of the RCF gym or other facility. Outdoor activities of RCF include camping, natural rock climbing and ice climbing at remote sites. References in this agreement to “RCF activities” and “visits to their sites” include all activities conducted by RCF, whether or not described above, and include merely being at an activity site, as a spectator or in any other capacity. RCF may from time to time arrange for or provide transportation to and from off-premises activity sites.
The risks of RCF activities include, among others, the following: falling from climbing surfaces; loose, unstable and damaged natural or artificial holds; swinging into and otherwise colliding with other climbers and natural and man-made structures; abrasions from the walls or rock or other surfaces, ropes and pads; the malfunction and failure of equipment including belay and other support mechanisms, ropes and harnesses; the use and misuse and malfunction of fitness and exercise equipment; persons climbing out of control or beyond personal limits, overexertion, preexisting injuries and medical conditions, and inadequate physical conditioning; and the negligence of other persons, including other visitors, RCF staff and independent contractors. Risks particular to outdoor activities and environments include motor vehicle travel to and from such sites; hiking over uneven terrain, crossing streams and other bodies of water, slips and falls, being struck by falling rock, timber or other objects; and environmental hazards including harmful plants, animals and insects, lightning, sudden weather changes, and extreme heat and cold. Risks include illness and communicable diseases including the Coronavirus, discussed below. While RCF employees seek to manage the risks of climbing and other activities, they are not infallible and may make mistakes, including, among others, being unaware of a participant’s fitness or abilities, and failing to give adequate warnings or instructions. The remoteness of certain activities may cause delays in evacuation and emergency medical care. Visitors should not assume that they are being supervised or even observed, except by special arrangement with RCF staff. Independent contractors- not RCF – are solely responsible for the manner in which they conduct their activities.
I am, or the minor visitor is, responsible for checking and maintaining the safe operating condition of any and all equipment, gear, or apparel, whether provided by RCF, or by me or by the minor, including ropes, carabiners, belay devices, harnesses and shoes. I, and the minor, accept such equipment and gear in “as is” condition, whether or not it is provided by or inspected by the RCF staff.
COVID-19: The threat of the COVID-19 virus (Coronavirus, “the virus”) requires a heightened awareness of the disease and preventative measures to reduce the chances of infection of visitors and staff. Visitors and parents must read and understand the guidelines published by the Center for Disease Control and Prevention, at https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/prevention.html and the guidelines of the State of Connecticut, https://portal.ct.gov/Coronavirus/Health-and-Safety In addition, visitors and parents must read carefully, understand and comply with the gym’s own guidelines, which will be provided to visitors and parents and acknowledged and signed as an addendum to this Visitor Agreement. Visitors and parents must ask questions if they are not clear about preventative measures required. Visitors 1) must 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, 3) minimize close personal contact with others and wear a face cover as required by the Policies, 4) immediately report to staff any condition or conduct which might indicate the presence of or contribute to the spread of the virus, or any other communicable disease.
I understand that the risks described above, and others, may result in damage to property, personal injuries, emotional distress, illness and even death. Such injuries are inherent in RCF activities and in moving about its activity sites and in using its equipment; that is, they cannot be eliminated without jeopardizing the essential qualities of the activity.
3. Assumption of Risks:
I accept and assume all the risks of a visit to RCF activity sites, inherent or not and whether or not described above. If the visitor is a minor of whom I am a parent or legal guardian, I have explained the risks to the minor visitor, who understands them and wishes to visit and participate in RCF activities in spite of the risks.
4. Release and Indemnity:
I, an adult visitor, and/or parent of a minor visitor (parent, for myself and, to the maximum extent allowed by Connecticut law, on behalf of the minor visitor) hereby knowingly and voluntarily agree not to sue, and to release, forever discharge, and indemnify (that is, defend and protect, including by paying or reimbursing claims, costs and attorneys’ fees) Carabiners Fairfield, LLC its agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on its behalf (“Released and Indemnified Parties”) from any and all claims, suits, demands, or causes of action which arise from or are in any way related to my or the minor visitor’s visit to an RCF activity site, transportation to or from that site, participation in an RCF activity or other use of RCF's equipment or facilities or moving about the premises of RCF or any other activity site. This agreement of indemnity is intended to include claims arising out of losses suffered by or caused by me (an adult climber or parent) or by the minor visitor. These agreements of release and indemnity include loss, damage or expense claimed to have been caused in whole or in part by my or the minor visitor’s becoming infected by, or, with respect to indemnity, infecting others with, a communicable disease, including Covid-19. The agreements include claims of negligence of a Released Party, but not gross negligence or intentionally wrongful conduct.
I am, or the minor visitor is, in good health, without any emotional or physical condition which would cause either of us to be a danger to ourselves or to others. I have adequate insurance to cover any injury or damage I or the minor visitor may cause or suffer while on the premises of RCF or on or traveling to another activity site. In any event, I agree to bear the costs of such injury or damage.
If COVID-19, or another communicable disease contamination is suspected at the gym, and contact tracing is sought by a government health authority, I agree that the gym my give to that authority whatever information it has to allow the authority to contact me, as an adult visitor or Parent.
I have read and understand the General Rules, posted in the gym entrance area and elsewhere in the gym or other RCF facilities. If the visitor is a minor, I have explained the Rules to him or her, who understands them and agrees to comply with them.
I consent to the reproduction and use by RCF of photographs, videos, audio recordings and other media for advertising or other purposes. I release RCF and other Released Parties from any claim of violation of any personal and/or proprietary right I or the minor may have in connection with such representation or use.
If I or the child, or anyone acting on behalf of me or the child, should file a lawsuit against a Released Party, I agree that it must be filed and maintained solely in a court of competent jurisdiction in Fairfield County, Connecticut. I further agree that the substantive laws of the State of Connecticut shall apply in that action without regard to the conflict of law rules of Connecticut. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
By signing this document, I acknowledge that if I or the minor visitor for whom I sign below is hurt or property is damaged in connection with my or the minor’s visit to the RCF gym or other activity site, I, and the minor visitor, may be found by a court of law to have waived the right to maintain a lawsuit against RCF or another Released and Indemnified Party on the basis of any claim from which they have been released herein, and that I will protect the released and indemnified Parties from claims of the minor visitor, if any.
I have carefully read and understood this document, and I agree to its terms, for myself and the minor visitor, if any, our respective estates, and all members of our respective families (including a non-signing parent) who may have a claim in the event of a loss suffered by me or the child. This agreement will apply to my, or to the minor’s, future visits to the gym and other activity sites of RCF until it is replaced by a later document. That future document will apply to visits thereafter but will have no effect on rights created by this agreement.
I acknowledge that prior to signing this Agreement, which includes agreements to release and waive liability, assume risks and indemnify, I, as parent or adult visitor, may contact a representative of Rock Climb Fairfield to discuss and/or bargain regarding any of the terms set forth herein. I further understand that any modification might result in an increase in fees paid by me.
Date: April 18, 2021
The State of Connecticut released guidance for fitness gyms that choose to resume operations as part of the Reopen Connecticut Phase II process. RCF will take extraordinary precautions to protect the health and well being of our employees and guests. Your patience and flexibility is vital as we cautiously reopen in stages and in coordination with State and local health departments.
Please review this information completely. Protocols are likely to change as we respond to State guidance and local changes in virus transmission.
Do not enter the climbing gym if you have any reason to suspect recent exposure to coronavirus. Seek medical advice.
Do not come to the gym if you feel any of the common symptoms of Covid-19, even if you believe symptoms are not related to Covid-19.
Fever or chills
Shortness of breath or difficulty breathing
Muscle or body aches
New loss of taste or smell
Congestion or runny nose
Nausea or vomiting
Now is not a good time to be climbing if you are age 65+ or among the population for which CDC recommends extra precaution.
RCF may require a touchless temperature check, not to exceed 99.9 degrees F.
WHAT YOU NEED TO KNOW
CDC compliant masks or cloth face coverings must be worn at all times. Face coverings must adequately cover your mouth and nose.
Visitors must practice good hygiene, social distancing and adhere to posted rules, placards, traffic lanes and staff instructions.
Food will not be allowed in the gym, but you may bring your own leak proof water bottle.
Visitors must check in and out every time they enter and exit the building to aid contact tracing.
Visitors must exit the building at the end of their reserved time block to allow staff to disinfect commonly touched surfaces before the next group of climbers arrive.
Limited access to lockers and locker rooms will be permitted but showers are temporarily closed.
Visitors must wipe down all fitness equipment after each use with the sanitization products we provide.
Exercises that require a spotter are prohibited at this time.
Thank you for your patience and cooperation as we cautiously reopen Rock Climb Fairfield.