(including assumption of risks and agreements of release and indemnity)
Please read this document carefully. It affects the legal rights of visitors to activity sites of Carabiners Fairfield, LLC (doing business as Rock Climb Fairfield) for the purpose of climbing, observing or participating in any manner in this facility or otherwise. It must be signed by all adult (eighteen years of age and older) visitors and by the parent or court-appointed guardian (each referred to as “parent”) of a minor visitor.
In consideration of the services of Carabiners Fairfield, LLC (referred to in this agreement also as RCF), I, an adult visitor or parent of a visitor who is a minor, acknowledge and agree as follows:
- Activities and Risks:
RCF activities include indoor wall climbing, bouldering, slacklining, and the use of training walls and a variety of fitness and exercise equipment, inside and in the immediate vicinity of the RCF gym. Other activities of RCF, including those of its occasional camping and ice climbing programs, are conducted at remote outdoor sites and include rock climbing and other outdoor sports and adventures. References in this agreement to “RCF activities” and “visits to their sites” include all activities conducted by RCF, whether or not described above, including transportation to and from those activities, and include merely being at an activity site, as a spectator or in any other capacity. The risks of RCF activities, which I am voluntarily participating in, include 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 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 or other visitor’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. I am, or the minor visitor is, responsible for checking and maintaining the safety and safe operating condition of any and all equipment, gear, or apparel, provided by RCF, the personal gear of the visitor or otherwise (including ropes, carabiners, belay devices, harnesses and shoes) that I or the minor visitor may use while on the gym premises or other site of an RCF activity. 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, and cannot be eliminated without jeopardizing the essential qualities of the activity.
- 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.
- Release and Indemnity:
I, an adult visitor, or parent of a minor visitor (parent, for myself and on behalf of the minor) hereby knowingly and voluntarily, on my behalf and on behalf of my heirs, executors, administrators, assigns or personal representatives release, forever discharge, and agree to 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 are in any way connected with my or the minor visitor’s visit to an RCF activity site or 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, including physical or psychological injuries. My agreement of indemnity is intended to include claims arising out of losses suffered by me (an adult climber or parent) or the child and losses caused by me or the child. The agreements of indemnity and release include claims of negligence, but not 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. If the visitor is a minor, I have explained the Rules to the minor visitor who understands them and agrees to comply with them.
I consent to the reproduction and use by RCF of photographs, videos and other 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 child’s visit to the RCF gym or other activity site, I, and the minor visitor if applicable, 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, my estate, and all members of my family 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: August 22, 2019