Please read this agreement carefully. It applies to visitors to the Climbing Centers, as defined below. It must be signed by all adult visitors (18 years of age and older) and by a parent or legal guardian (referred to herein as Parent) of a visitor who is a minor.
In consideration of the services of the Climbing Centers, I, an adult visitor or Parent of a visitor who is a minor (for myself and on behalf of the minor), hereby acknowledge and agree as follows:
1. The Climbing Centers: I intend to: (1) use or be granted access to one or more of Mesa Rim Climbing Centers owned or operated by, leased from or managed by any of the following entities: Mesa Rim Climbing Center Holdings, Inc; Mesa Rim Climbing Centers, LLC; Mesa Reno LLC; Mesa Austin, LLC; RRN LLC; On Belay Properties, LLC; Urban Villages San Marcos, LLC; Sea Breeze Properties, LLC; Metis Climb, LLC; or such other entity or entities which may be owned, directly or indirectly, in whole or in part, by Mesa Rim Climbing Centers, LLC; Mesa Rim Climbing Center Holdings, Inc; Mesa Reno LLC; Mesa Austin, LLC; and all of their predecessors and successors (collectively the “Climbing Centers”); and (b) participate in activities which may take place in the Climbing Centers or are otherwise sponsored by or involve (i) the Climbing Centers, (ii) the properties on which they are located, or (iii) the Climbing Centers’ respective shareholders, members, owners, managers, directors, staff, volunteers and independent contractors of these entities (collectively “Released Parties”).
2. Activities and Risks: Activities of the Climbing Centers include indoor wall climbing and bouldering; yoga; fitness classes and weight training, including the use of a variety of exercise and fitness machines; slacklining; and walking and running outside the facility. The Climbing Center from time to time will offer competitions, and special events or “camps”, which, in addition to the above, may include teambuilding and group facilitation activities, and movement about obstacle courses including zip lines, crate stacking, rope ladders and rope swings. Visitors – climbers, observers and others – are free to move about the premises of the Climbing Center and to use its facilities including eating concessions, locker room, and parking lot. Participants in activities are expected to ask for and receive orientation and instruction in the use of equipment with which they are not familiar. Participants must request and obtain certification for top rope belaying, lead belaying, and lead climbing before commencing any such activities. The Climbing Center may contract for the services of certain independent contractors, including for yoga and fitness instruction. The Climbing Center does not control, and is not responsible for, the manner in which these contractors perform their tasks, and any dispute or claim arising from their performance is strictly between the visitor and the contractor – not the Climbing Center.
The sport of wall climbing and the use of its facilities, premises and equipment involve risks which include, among others: 1) falling (including from the climbing wall and other structures), tripping, slipping, and striking objects and other persons while engaged in activities and using the facilities and moving about the premises; 2) rope abrasion, entanglement and other injuries resulting from activities on or near the climbing wall including, but not limited to climbing, belaying, rappelling, lowering on ropes, rescue systems, and other rope techniques; 3) walking and running outside the Climbing Center buildings, including exposure to pedestrian and vehicle traffic and the uncertainties of the terrain; 4) the failure of machines and structures; 5) over exertion and strains while engaged in the activities; 6) the carelessness, including negligence, of myself and others, including staff , which might include falling climbers and dropped items, the misuse of ropes, slings, harnesses, climbing holds, anchor points, or a part of the climbing wall, the misjudgment of my and others’ competencies and experience, and the failure to follow staff instruction, or to ask for information or assistance.
I acknowledge that I have had the opportunity to ask questions about Climbing Center activities, risks, equipment, facilities and the premises. I have had the opportunity to examine the climbing wall and other equipment. I will read carefully and obey the posted Rules and directions of staff. If the visitor is a minor, I, as parent or legal guardian, have directed the minor visitor to obey such Rules and staff directions. The risks described above and others can cause damage to my property, personal injury and even death. I agree that the above described risks are inherent in a visit to the Climbing Center and participation in its activities – that is, without them the visit would lose its essential character and appeal. Other risks, inherent and not inherent, may exist, and the above list in no way limits the scope of the assumption of risks, and the release and indemnification that follow.
3. Assumption of Risks: I acknowledge and assume all the risks of climbing and the other activities of the Climbing Center, moving about the premises and using its facilities and services, as a climber or otherwise, whether or not those risks are inherent, and whether or not they are described above. If the visitor is a minor I have described these risks to the minor, who understands them and wishes to visit the Climbing Center nevertheless.
4. RELEASE AND INDEMNITY: I, an adult visitor, or the parent or guardian of a visitor who is a minor, for myself and on behalf the minor, hereby release and agree not to sue the Climbing Centers or Released Parties with respect to any and all liabilities, suits, claims, demands, losses and costs (including attorneys fees) incurred by me or the minor child that are in any way related to or arise out of my, or the child’s, visit to the climbing center. This includes, but is not limited to, any defect in the Climbing Center’s equipment, facilities, fixtures, or furniture. I also release for myself or on behalf of the minor the Climbing Centers and Released Parties from any and all liabilities, suits, claims, demands, losses, and costs arising from the criminal activity of any third party or any agent, employee, or contractor of the Climbing Centers and Released Parties.
In addition, I agree to indemnify and hold harmless the Climbing Centers and Released Parties and each of them from any and all causes of action, claims, demands, losses and costs (including attorney’s fees) of any nature whatsoever, suffered by or caused by me, the minor visitor, or any visitor to the Climbing Centers as a result of me or the minor visitor, arising out of or in any way related to my or the child’s visit to the climbing center. These agreements of release and indemnity include claims which allege negligence or an elevated degree of negligence allowed by law to be released or indemnified against, but do not include recklessness, willful and wanton conduct or intentional wrongdoing of the Climbing Centers or other Released Parties.
5. Limitations on Liability: IN NO EVENT SHALL CLIMBING CENTERS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITY OR ANY OTHER PECUNIARY LOSS) SUFFERED BY YOU RELATED TO OR ARISING OUT OF YOUR VISIT TO THE CLIMBING CENTERS OR THIS AGREEMENT, EVEN IF CLIMBING CENTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOREOVER, IN NO EVENT SHALL CLIMBING CENTERS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO THE CLIMBING CENTERS OVER THE LAST 12 MONTHS. THIS PARAGRAPH SURVIVES ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.
6. Agreement to Arbitrate: You and Climbing Centers agree to arbitrate any controversy, claim or dispute between them arising out of or in any way related to this Agreement and any disputes related to or arising out of your visit to the Climbing Centers and any claims for violation of any local, state or federal law, statute, regulation or ordinance or common law. The arbitration will be conducted in the city in which you visited the Climbing Center, by a single neutral arbitrator and in accordance with the JAMS then current rules for resolution of consumer disputes. The arbitrator shall have the power to enter any award that could be entered by a judge of the trial court of the state in which the Climbing Center is located. You and Climbing Centers further agree that the arbitrator shall decide any disputes related to or arising out of the scope of their agreement to arbitrate or the ability to enforce this provision of their Agreement, and that any dispute between them shall be resolved without the inclusion of any other parties to the arbitration proceeding, be it as individuals, or as part of a representative class, unless both You and Climbing Centers agree to such consolidation after a dispute has arisen. You and Climbing Centers recognize and agree that due to the nature of Climbing Centers’ business and its effect on interstate commerce, their Agreement to arbitrate is governed by the Federal Arbitration Act. This paragraph survives any termination or expiration of this Agreement.
7. Other: In order to reduce the chances of illness, serious injury, or death, participants are advised to consult a physician before beginning an exercise program, or engaging in strenuous physical activities or diet/nutrition alterations. If I am an adult visitor, or the parent of a minor visitor, I declare that I (or the child) have (or has) no medical or physical condition which could endanger ourselves or others. In the event of a medical emergency I authorize the Climbing Center to secure medical care for me, or for the minor visitor, at my cost.
I give permission to the Climbing Center to capture my image by means of any form of media, including photo or video, and agree that any such media may be used for any and all purposes that Mesa Rim sees fit, and without compensation.
I understand and agree that the Climbing Center and its staff reserves the right to deny access to or use of its facilities to any individual, permanently or for a specified period of time, for any breach of the Climbing Center’s policies, rules and regulations or for any conduct that is considered by staff to be unsafe or inappropriate.
I agree that I have adequate insurance to cover any injury or damage I or the child may cause or suffer while participating, and in any event, I agree to bear the costs of any such injury or damage.
Disputes arising from a visit to a Climbing Center, including the interpretation of this Agreement, will be governed by the laws, not including the laws which might invoke the laws of another jurisdiction, of the state in which the Climbing Center is located. A suit pertaining to a California Climbing Center shall be filed and maintained only in the courts or San Diego County, CA; pertaining to a Nevada Climbing Center only in the courts of Washoe County, NV; and pertaining to a Texas Climbing only in the courts of Travis County, TX. I hereby consent, for myself and for the minor child, to the jurisdiction of such courts.
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. I have had sufficient opportunity to read this entire document. I have had the opportunity to ask questions about this document.
This agreement is intended to be effective and binding upon me, the minor participant, and upon our respective heirs, representatives, executors and administrators.
This agreement will apply to all visits to the Climbing Center unless and until it is replaced by a new agreement which will apply to visits thereafter.
Dated: February 8, 2023