This is a binding legal agreement. Please read it carefully. It applies to two climbing gyms owned and operated by Climb Up, LLC, an Oklahoma limited liability company (“Climb Up”) with locations in Norman and in Oklahoma City, Oklahoma. It must be signed by adult (eighteen years and older) visitors to the facilities operated by Climb Up or, if the visitor is a minor, by a parent or legal (court appointed) guardian of the minor.
In consideration of the services of Climb Up, I, an adult visitor or parent of a minor visitor, acknowledge and agree as follows:
Activities: The activities of the gyms include climbing and bouldering on indoor and outdoor surfaces, yoga and fitness training, and other programs, events, instruction, and classes inside and outside the gym facilities, and with or without supervision of staff or contractors. References in this agreement to “activities” includes active engagement in a sport or recreation offered by the gym, use of the gym’s facilities and equipment, and simply being on and moving about the premises of the gym. Independent contractors may conduct certain activities of the gym, and those contractors – not the gym are solely responsible for their acts and omissions.
Risks: Participation in the activities of the gyms will expose visitors to the risk of damage to property and personal injury, including paralysis and even death. Causes of such losses include: falling from climbing walls or other gym features; contact with walls, equipment, landing areas and other climbers, belayers and fixed objects; rope abrasion; rope entanglement; falling climbers; dropped items; cuts and abrasions resulting from contact with climbing hardware, walls and other structures; loose or damaged holds; failure of ropes, slings, helmets, harnesses, shoes, climbing hardware, anchor points, belay devices, or any part of a climbing wall or other gym structure; the use of exercise and training equipment (including free weights, hangboards, and slacklines) which may be defective or fail; uneven walking surfaces; over-exertion in training or exercising; and negligence of other visitors including misuse of or failure to maintain control of equipment or engaging in conduct beyond their capabilities. Climb Up staff and contractors may be negligent in the performance of their responsibilities, including misjudging a participant’s competencies, and failing to follow gym policies and rules. Personal property (including vehicles or their contents and personal property placed in lockers) may be damaged, lost or stolen. Visitors, including those participating in gym activities, must not assume that they are being supervised or even observed by staff, except by special arrangement.
Helmets: (added section headings) Climbers may request a helmet from the gyms. While wearing a helmet is not required when climbing in the gyms, failing to do so may expose a climber to certain risks. This agreement extends to claims of loss arising from wearing and not wearing a helmet.
Equipment: Participants who rent equipment from the gyms accept the equipment “AS IS.” Participants accept responsibility for the care of the equipment during the rental period and agree to replace, at full value, any equipment not retuned or returned in damaged condition. Participants must advise Climb Up staff promptly if they observe damaged or defective equipment during use.
The risks described above, and others, are inherent in a visit to the gyms; that is, without them, the basic value and character of the activities would be altered. Other risks may be encountered, inherent and otherwise, and the description above is not intended to limit the extent or reach of this Visitor Agreement.
Assumption of Risks: I voluntarily assume all risks of a visit to Climb Up, inherent or not and whether or not described above. If I am signing below as a parent or guardian, I have explained the activities and risks to the minor visitor, who understands them and wishes to visit the gym and participate in its activities nevertheless.
Release and Indemnity and Covenant Not to Sue: I, an adult visitor or, if the visitor is a minor, Parent or guardian of that minor, for myself and, if and to the extent allowed by governing law, on behalf of the minor, agree not to sue, and to release and to indemnify (meaning, to defend, and pay, including costs and attorneys fees) Climb UP, LLC, the owner or owners of the premises on which the activities are conducted, and sponsors of gym activities and events, and their respective successors, assigns owners, shareholders, members, officers, directors and staff including volunteers and contractors (“Released Parties”) with respect to any and all claims of injury or other loss which I, or the minor visitor, or our respective heirs, representatives, executors, administrators and assigns may now have, or may have in the future, against any Released Party on account of any and all known and unknown, foreseen and unforeseen personal injuries, property damage, death, paralysis or accident of any kind and whenever occurring, arising out of or in any way related to my, or the minor child’s visit to a gym of Climb-Up, LLC, including the use of its facilities and equipment and otherwise being on the premises. These agreements include claims of loss arising from the negligence, wrongful acts, omissions, breach of warranty, or strict tort or product liability of a Released Party, but not claims of loss arising from the gross negligence or willful or wanton misconduct of a Released Party.
Other Provisions: I agree, for myself and for the minor visitor, to read and abide by all rules posted in the gyms or otherwise communicated to visitors to the gyms, and to comply with requests and instructions of all staff, I represent that I have no, and the minor child has no, mental or physical limitations that would cause either of us to be a danger to ourselves or to others. In the event of an accident or other medical emergency, I hereby authorize the Released Parties to administer or obtain first aid and emergency medical services, including transportation, deemed necessary for me or for the child. I agree to be responsible for the costs of such medical care and transportation.
I hereby voluntarily waive any right I, or the minor child may have to a trial by jury in any action, proceeding or litigation involving any Released Party. The laws of the State of Oklahoma (not including its “conflict of laws” rules which may call for the application of the laws of another jurisdiction) shall govern the rights and obligations of the parties to this Agreement and its interpretation, construction and enforceability. I agree that any lawsuit brought against any Released Party shall be brought and maintained solely in Cleveland County, Oklahoma, and I consent to that jurisdiction for myself and for the minor visitor. If any portion of this Agreement is deemed invalid by a court of competent jurisdiction the remainder shall remain in full force and effect.
Climb Up is authorized to take and use photographic or other images of me or the minor at the gyms for promotional or other purposes, without liability or payment.
I am at least 18 years of age, I am legally competent to sign this agreement. I have carefully read this agreement and understand that its terms are legally binding upon me and upon the minor child, if any, and upon my, and the minor visitor’s, respective heirs, representatives, executors and administrators.
I understand that if I misrepresent my age or relationship with a minor visitor or my, or the minor’s, mental or physical condition, I, or the minor for whom I purport to sign, will, in the event of a loss suffered, be considered a forger, and entitled to no more than the rights of a trespasser on the premises of the gyms; and, I agree to release, not to sue, and to protect and indemnify the Released Parties with respect to losses suffered by, or caused by, me or the child as provided above.
A photocopy hereof, or a record of this Agreement sent and received by facsimile, email or other electronic transmission, shall be enforceable and shall have full legal effect as an original.
IN WITNESS WHEREOF, this Agreement is duly executed this day of January 15, 2019.