(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 thierself 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.
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. 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.
I understand that the risks described above, and others, 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. The agreements of indemnity and release include claims of negligence, but not, unless allowed by applicable law, gross negligence or intentionally wrongful acts, of a Released Party.
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.
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.
Date: April 5, 2020