Übergrippen Climbing NE Denver, LLC and UG Castle Rock, LLC their subsidiaries, affiliates, parent companies, licensees, landlords, and holding companies, as well as their employees, agents, directors, officers, members, investors, sponsors, advertisers, volunteers, contractors, subrogors, and other climbers, patrons, members, and guests (hereinafter Übergrippen or “we”), hope you have a rewarding experience. We wish to inform our guests/members that bouldering, slacklining, exercise, fitness, and climbing solo, belayed, or using an automatic belay device (hereinafter Climbing) are not risk-free. The same elements that contribute to the unique character and fun of climbing, 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. Climbing is not an essential service and is recreational. 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. Before entering Übergrippen, we ask that you read and sign this document. 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 or other participants. You must understand and accept all the risks of the activity, inherent and others. Rock climbing and using indoor climbing walls, like all recreational activities, is hazardous. The obvious accident that occurs in Climbing is 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 is in your path. If the rope catches your fall, the jolt from the rope may cause severe injury. Falling to the ground may cause serious injury or death from any height. You agree to read and follow all facility rules, signs, and staff instructions, respect others, and conduct yourself in a good manner, and that failure to adhere to any of these can result in you being asked to leave Übergrippen. You have examined the Übergrippen website https://ugclimbing.com/ and reviewed and understand the information and risks on the website. If you ever have any doubts or concerns, ask an Übergrippen employee. If you do not wish to sign this release, you may not enter into or participate in Climbing at Übergrippen. Inspect your Equipment: Before every climb, inspect all equipment you will be using. If you are using your own harness, rope, carabiners, belay device, or other personal climbing equipment, examine each item carefully for damage, excessive wear, frayed areas, cracks, corrosion, or other signs of deterioration. Retire and replace your personal equipment immediately if it shows signs of excessive wear, damage, or has exceeded the manufacturer's stated service life or retirement criteria. If you are using equipment provided by Übergrippen, visually inspect it before each use. If you observe any damage, excessive wear, loose components, frayed webbing or lanyards, missing parts, or any condition that causes concern to an auto-belay, rope, harness, carabiner, or any other Übergrippen provided equipment, immediately stop using the equipment, notify a staff member, and do not use the equipment until it has been replaced or inspected and approved by Übergrippen for continued use. Get Properly Trained: You agree to seek qualified instruction whenever learning new Climbing skills or learning to use a piece of equipment that is new to you. You understand you are responsible for selecting and vetting your instructors; Übergrippen is not liable for instructions you receive from other persons in the facility. You agree that you will not belay someone, use auto belays, lead climb, and/or lead belay unless you have taken AND passed the appropriate skills certification tests at Übergrippen and are of the required minimum age or older AND you are trained on and skilled in the proper use of the equipment you are using. Required Climber/Belayer Certifications: Before any guest can lead climb, belay, lead belay, or use an autobelay on their own, they must first obtain Übergrippen certification of each skill. Upon certification, your guest record will be updated, indicating you have completed this certification by Übergrippen. Failing to complete the Übergrippen certification before you belay lead climb, lead belay, or autobelay, you will be removed from the facility, and cancellation of any membership or passes will be canceled without a refund. 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 or Climbing technique; it is your responsibility to keep your equipment in good condition and replace it when necessary, to obtain proper training and certification of Climbing skills, and to select Climbing partners you are confident in their skills and their equipment. Understand Your Climbing Systems and Equipment and Double Check Before Every Climb: Before Climbing, make sure you understand your harness and the equipment you will be using. Always review equipment manufacturers' instructions and seek qualified instruction when using equipment that is new to you before use. As you tie in, make sure your harness is properly fitted, is on correctly and secured, and double back your waist belt as required. Always tie or clip into the rope or belay system using the proper point on the harness and verify that your knot or attachment is correct and all equipment is properly connected before leaving the ground. Improper use of the equipment or not properly tying in will result in injury or death. Before Climbing always double-check, inspect, and test your gear and your climbing partner’s gear, including all harnesses, knots, carabiners and locking devices, belay devices, autobelays, and tie-in and attachment points. Make sure your belayer is using the belay system properly and understands the communication system and commands you will be using. When Bouldering (unroped climbing), every fall 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 to boulder, understand where you’re landing 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 more than 4 feet above the height of the floor when bouldering in areas designated for roped climbing. Never climb/boulder under other climbers (including both the bouldering and roped wall areas). When bouldering, always downclimb, when possible, to reduce the height from where you drop. Use proper falling techniques to reduce injuries. Always land in a way where you can avoid objects or people below you and provide the most protection for yourself. Padded flooring cannot protect you from all injuries; learning how to properly fall when Climbing and bouldering is an important skill to know. Be Aware of Potential Falling Items: In addition to the hazards of falling, objects falling off the wall or dropped by other climbers may hit you. Holds, climbing equipment, and even people may fall and hit you while you are on or 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 and holds are tested by the manufacturer during production; however, the extreme conditions in which climbing equipment is used, in conjunction with the damage caused by the wall, storage, and other uses, can cause climbing equipment and holds to fail. Climbing holds spin and can break; as a hold is used, it loosens, causing the hold to spin in your hands. If you find a hold that is loose, spinning, or broken, please notify Übergrippen immediately. As you climb, you might become unclipped as your carabiner hits holds, walls, or the rope; always pay attention to your protection while climbing and use locking carabiners. Only use equipment that is certified for climbing use. Be Ready: You will experience cuts or abrasions from holding on to the holds or the 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. Risk of Illness: You will be coming in contact with equipment, holds, the wall, ropes, gear, furniture, and other items that have been touched or used by other guests who may have also transferred bodily fluids to them, as well as come in contact with other guests. Maintain proper personal hygiene to protect yourself from others and from transmissible or communicable diseases or illness. You assume the risk of becoming a carrier or becoming sick from any illness, virus, bacterial infection, or other disease while at Übergrippen. Alcohol and Drugs: Injuries occur more often when the participants are using drugs or alcohol or are not physically able to undertake the activity. Übergrippen is not responsible for any alcohol or drugs (legal or illegal) you bring into the premises, event, or activity or consume prior to entry. If you bring alcohol or drugs or consume alcohol or drugs on the premises or prior to entry, you are responsible for yourself and those around you. Drinking alcohol or using drugs to excess can lead to accidents, make you vulnerable and ill, or you may even suffer permanent damage. You agree NOT to 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. Other Risks: 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. It is also possible that some participants would suffer mental anguish or trauma from the experience or their injuries. Climbing with Children: Children must be (1) under the close and direct supervision of a responsible person who is at least 15 years old, (2) enrolled in AND participating in an Übergrippen staff-supervised program/activity, OR (3) authorized and certified by Übergrippen to climb AND belay unsupervised. The supervising person accepts full responsibility for monitoring the child's activities, ensuring compliance with all facility rules and staff instructions, and maintaining direct supervision at all times while on the premises. You agree that you have pointed out and explained to your child under the age of 18 all facility rules, signs, and staff instructions and have reviewed the risks of Climbing with your child. You shall not permit any child under 15 years old that you bring to Übergrippen to climb, use autobelays, or be in any climbing or training area unless they are under close and direct supervision by you or another qualified adult/instructor OR have required youth certifications. Be Insured: All members and guests are responsible for securing their own health insurance. Übergrippen does not provide medical coverage for injuries sustained on the premises or while participating in Übergrippen-sponsored activities and events, whether on the premises or not. You agree that you have adequate health, disability, and life insurance for your family and yourself. Self-Certification: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, is 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 and 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 or any participant, patron, or staff member. You hereby expressly consent and assume all risks of the activity for yourself and your family, including the risksassociated 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. You and your family 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 you have brought minor children to Übergrippen, you agree to read and explain to those minors all posted signs and warnings, including instructions on the use of equipment as well as the risks outlined in this agreement, and agree that all participants will obey all signs and warnings posted and obey instructions from staff. CONTRACT, WAIVER, RELEASE, AND INDEMNIFICATION For the opportunity of Climbing, a recreational activity with Übergrippen as consideration, you agree to waive any legal right to any claim and agree to indemnify and hold harmless Übergrippen, its agents, and employees, as set forth above, 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. This release of liability covers all risks of the activity and any negligence of Übergrippen, including claims for negligent hiring, instruction, operation, or other forms of negligence not normally associated with the Climbing or associated with the business and employees, and covers strict liability claims, contract claims (express or implied), warranty claims, and tort claims, whether based on common law or any statute or regulation. 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, its 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 negligenceof Übergrippen, negligence of another participant, or negligence of 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. This release is a release of all negligence, premises liability, and other types of claims. 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. 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. Should there be an issue or dispute as to the validity of any release YOU have signed, this document shall supersede any other document YOU have read and signed regarding your legal rights concerning your agreement with Übergrippen. 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 agree to indemnify, agree to subrogation, and reimburse Übergrippen for any damages, costs, fees, or expenses Übergrippen expends on your or your family’s behalf, or for any damages you may cause to third parties. You understand this means you are the insurer for 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 andCounty 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 andCounty 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. You agree that this forum selection clause applies to all claims, counterclaims, defenses, and third-party claims brought by either party to this agreement. 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 or for any injury you may receive. If you do, you will pay Übergrippen’s damages and costs, including attorney fees. 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 sign this document electronically in the future. You understand and agree that under state and Federal law, there is no difference between signing this electronically or in writing. You Have Read and Understood this Agreement. You are Voluntarily Signing this Agreement. You understand you are giving up certain legal rights for yourself, your family, and your heirs. You understand that you have had the opportunity to review this release with your attorney. By signing this, you understand that you, your family, and your heirs cannot sue for any reason. If you or anyone else sues because of your injury, they cannot collect any money. If anyone sues and loses, 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 understand YOU are signing this for yourself, your family, and your minor children. Dated: August 6, 2026 |