Please read and understand this document before signing. If you have any questions, please ask us or consult an attorney. You are giving up specific legal rights by signing this contract.
Ubergrippen Climbing NE Denver LLC its employees, agents, directors, officers, sponsors, advertisers, volunteers, contractors and subrogors and other climbers, patrons, members, and guests (hereinafter Übergrippen) have done everything possible to ensure that you have a rewarding experience. We wish to inform our guests/members that bouldering, slacklining, exercise, fitness and climbing, (hereinafter Climbing) are not risk free. The same elements that contribute to the unique character and fun of Climbing and Bouldering such as the physical exertion or the settings can cause loss or damage to equipment, injury, illness, or in extreme cases, permanent trauma, or death. We do not want to heighten or reduce your enthusiasm for the experience, but we do want you to know in advance what to expect, and to be informed of the possible risks. We ask that you read this, sign it, and return it to our office.
EXPRESS ASSUMPTION OF THE RISK
There are risks that accompany all aspects of life as well as Climbing. Some of these risks are inherent in the activity; some are changed, increased or decreased due to the activities of Übergrippen. You must understand and accept all the risks of the activity, inherent and others.
Before climbing make sure you understand your harness and the equipment you will be using. Make sure your harness is on correctly, and you are properly tied into the rope or belay system. Double back your harness waist loop strap if required. If you have any doubts or concerns ask an employee. Always tie or clip into the rope or belay system using the proper point on the harness and the rope or belay system. Double check, inspect, and test all knots, buckles and close and lock all carabiners before climbing. Make sure your belayer is using the belay system properly and understands the communication system you will be using. Always have your belayer double-check your harness and tie in as you double check his harness and belay system.
As you tie in examine the rope and equipment to make sure they are in good working order with no damage or excessively worn places or frays. Do the same with your harness before putting it on. Look for frayed edges or threads that are coming out, which is a sign the harness may be getting old. Always replace your harness, rope or equipment after any signs of excessive wear. Inspect and replace your equipment per the manufacturer’s guidelines for wear, damage, or age.
Rock climbing and using indoor climbing walls like all recreation activities is hazardous. The obvious accidents that occur in climbing are falling. Whenever you fall you may fall only a few feet or all the way to the floor. As you fall you may hit objects or the wall that are in your path. If the rope catches your fall, the jolt from the rope may cause injury. Falling to the ground may cause serious injury from any height.
When Bouldering (un-roped climbing), every fall you take is a ground fall that could result in injury or death; never boulder above a height you are not prepared to fall from. Before starting a climb, understand where your landing maybe if you fall and ensure there are no objects (people, water bottles, chalk pots, brushes, shoes, bags, ropes, etc.) in your fall zone. Never climb above the top of the bouldering wall in the bouldering area. If you top out while bouldering on our outside feature, always use designated down climb routes to return to the ground. Never climb above 4 feet (foot height above floor) when bouldering in areas designated for roped climbing. Never climb or boulder under other climbers (including both the bouldering and roped wall areas). When bouldering, always down climb when possible to reduce the height from where you fall. Use proper falling technique to reduce injuries. Always land in a way where you can avoid objects or people below you and to provide the most protection for yourself. Learning how to fall when climbing or bouldering is an important skill to know.
In addition to the hazards of falling, objects falling off the wall may hit you. Holds, climbing equipment, and even people may fall and hit you while you are under the climbing wall. While walking near the wall or belaying. Make sure you are not standing under someone or something that may fall.
Equipment may fail. Climbing equipment is tested before use; however, the extreme conditions in which climbing equipment is used in conjunction with the damages caused by the wall can cause climbing equipment to fail. Improper use of the equipment or not properly tying in will result in injury. Climbing holds spin; as a hold is used it loosens causing the hold to spin in your hands. If you find a hold that is loose or spins, please notify management. As you climb you might become unclipped always pay attention to your protection while climbing.
You will experience cuts or abrasions from holding on to the holds or wall. You may also experience rope burns from handling the rope or during a fall. Be aware of any sharp edges on the holds or the climbing surface as well as any protruding nuts, bolts or screws. If someone falls while you are belaying, you may experience a jolt causing you to move, fall or be pulled into the air or against the climbing wall. Do not lose your concentration at these times; the safety of the climber is in your hands.
It is also possible that some participants would suffer mental anguish or trauma from the experience or their injuries.
This list is not an exclusive or exhaustive list of possible injuries, trauma, or accidents that may occur while climbing. Most of these injuries are rare, and you are not likely to encounter them. However, they have occurred, and you need to know about them and other possible injuries not mentioned above. These injuries occur more often when the participants are using drugs or alcohol or not physically able to undertake the activity.
Always understand and obey all rules of Übergrippen. You agree to NOT go Climbing while under the influence of alcohol or any drugs (including but not limited to prescription drugs and over the counter medication) that may impair your ability. You agree NOT to instruct other members/guests technical climbing skills (including belaying, knot tying, equipment use, and lead climbing). You agree that you will not belay someone, use auto belays, lead climb, and/or lead belay unless you have passed the appropriate safety check at Übergrippen and are of required minimum age or older. Übergrippen has the right to stop you from climbing if we observe that the equipment or the climbing and/or belaying technique you are using poses a potential risk to you or other members or guests, however Übergrippen cannot spot all issues or problems with equipment; it is your responsibility to keep your equipment in good condition and replace it when necessary. You agree that any children that come to Übergrippen under the age of 13 must be directly supervised by an adult (18 years or older) or participating in an Übergrippen staff supervised program/activity and that children under 14 are prohibited from using our fitness equipment. You agree to read and follow all facility rules, signs, and staff instructions and to respect others and conduct yourself in a good manner and that failure to adhere to any of this can result in you being asked to leave Übergrippen. If you do not want to sign this release, you understand you cannot enter the facility or go Climbing, and you are free to climb with other companies. You agree you have adequate health, disability, and life insurance for your family and yourself.
You certify that you have reviewed this document with your family. You certify that you have examined the Übergrippen website and looked over the information, risks and videos posted on the company website. You certify that your family, including minor children and yourself are fully capable of participating in a Climbing program. You state that you have read the above statement on some of the possible risks in this activity. Therefore, you assume full responsibility for yourself, your family, including minor children, for bodily injury, death, and loss of personal property and any expenses as a result of your negligence, negligence of your family, or the negligence of Übergrippen. You hereby expressly consent and assume all risks of the activity for yourself and your family, including the risks associated with traveling to and from the activity. You also understand that Übergrippen reserves the right to refuse any person it judges to be incapable of meeting the rigors and requirements of participating in Climbing. Your family and you are in good physical condition and able to undertake this activity. You understand and agree that this is a voluntary activity, and you are doing so for recreational purposes and do so voluntarily. If a Parent, you agree to read and to explain to any minor all posted signs and warnings, including instructions on use of equipment as well as the risks outlined in this agreement and agree participants will obey all signs, and warnings posted and to obey instructions from staff.
CONTRACT, WAIVER, RELEASE, AND INDEMNIFICATION
You waive any legal right to any claim and agree to indemnify and hold harmless Übergrippen. their agents and employees from all claims, damages, losses, injuries, and expenses arising out of or resulting from your family’s or your participation in these activities for all past, present or future claims, demands, and causes of action. You agree that Übergrippen has a subrogation/right to indemnification for your actions based on any permit, grant, contract or agreement with third parties. You further agree to release, acquit, and covenant not to sue Übergrippen, their agents, and employees for all actions, causes of action, past, present or future claims or damages, damages in law or remedies in equity of whatever kind, including the negligence of Übergrippen, negligence of another participant, or your family, yourself, or your heirs, against Übergrippen arising out of participation in this program. This agreement covers the incidental transportation to and from the recreation location. In short, you cannot sue Übergrippen or anyone else for any reason if you or your family or minor child may receive an injury, and if you do, you cannot collect any money. This release shall not be superseded by any other agreement, nor shall this release supersede any agreement, whether there is any perceived inconsistency or not.
You agree to indemnify, agree to subrogation and to reimburse Übergrippen for any damages, costs, fees or expenses Übergrippen expends on you or your family's behalf, or for any damages you may do to third parties. You understand this means you are the insurer for the Übergrippen for any actions or damages, you or your family may incur.
You agree to the site of any lawsuit and the law governing any such lawsuit shall be the City and County of Denver Colorado and governed by Colorado Law no matter the perceived or actual difficulties, deprivation of a meaningful day in court, or the harm to either party’s case or trial in the City and County of Denver Colorado applying Colorado Law. You understand and agree that you may be giving up the right to a deprivation of a meaningful day in court and that there are no extraordinary circumstances that would change that legal issue. The terms of this agreement shall continue and be, in effect, after your Climbing has ended. No changes to this document are valid.
As liquidated damages, you hereby agree that if Übergrippen is forced to defend any action, lawsuit or litigation or for breach of the covenant not to sue or the covenant of good faith and fair dealing, by yourself, your executors, or your heirs, on your family's or your behalf, your heirs or executors, and you agree to pay Übergrippen’s costs and attorney's fees if they successfully defend such action, lawsuit or litigation. You understand and agree that you are indemnifying Übergrippen for any claim you may bring for any injury you receive, and if you do, so you will be subject to paying Übergrippen’s damages and costs, including attorney fees. Should any sentence, clause, paragraph, or part of this agreement be declared unenforceable by a court of competent jurisdiction, the remaining parts or paragraphs shall remain in full force and effect. This release is intended to be interpreted as broadly as possible to affect the intent and purpose of the release. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties and all prior understandings or communications, electronic, online, written or oral, are superseded by this Agreement.
You hereby give permission for transportation to any medical facility or hospital. You authorize any qualified person or medical personnel to render necessary emergency medical care for yourself and your family. You, of your own free will, for your family, your minor children, your heirs and executors and yourself, have read, understand and acknowledge the risks and liability for yourself and your family.
You acknowledge that you have received a Copy of this Document if you wanted one. You understand that you are signing this document electronically or may be signing this document electronically in the future. You understand and agree under state and Federal law; there is no difference between signing this electronically or in writing.
You Have Had Sufficient Opportunity to Read and Understand this Agreement. You are Voluntarily Signing this Agreement. You understand you are giving up certain legal rights.
By signing this you understand you cannot sue for any reason. If you do sue you cannot collect any money. If you sue and lose you will owe us money.
You understand that pursuant to Colorado Revised Statutes § 13-22-107, this release is effective in preventing claims or litigation for injuries your child may receive.
You confirm, UNDER PENALTY OF PURGERY, that you are the PARENT or COURT-APPOINTED LEGAL GUARDIAN For ALL children under 18 years old that you are signing this release for.
Dated: December 11, 2018