This binding legal agreement should be carefully read and understood. It applies to all visitors to the Laredo, Texas climbing gym operated by Climb At Rio Indoor Rock Climbing & Fitness, L.L.C. , a Texas limited liability company (“Climb At Rio”, or “the Gym”). The agreement must be signed by all adult (eighteen years and older) visitors 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 At Rio, I, an adult visitor or parent of a minor visitor, acknowledge and agree as follows:
Activities: The activities of the gym include climbing and bouldering on indoor walls, 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 or other site of a gym activity. 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 gym will expose visitors to the risk of damage to property and personal injury, including, in extraordinary circumstances, death. Causes of such losses include: falling from climbing walls or other gym features; contact with walls, equipment, landing areas and others in the climbing area; 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, 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 which may be defective or fail; uneven walking and running surfaces, including at out- of-gym activity sites; over-exertion in training or exercising; and the negligence of other visitors including misuse of or failure to maintain control of equipment or engaging in conduct beyond their capabilities. Climb At Rio 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.
Equipment: Participants who rent equipment from the gym 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 staff promptly if they observe damaged or defective equipment during use.
The risks described above, and others, are inherent in a visit to the gym; 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 At Rio, 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, a parent or guardian of that minor (in the latter capacity, for myself and, if 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 At Rio Indoor Climbing & Fitness, LLC and the owner of the gym and their respective owners, 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 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 use of the gym facilities and equipment and otherwise visiting the gym or other activity site. 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 Climb At Rio 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.
The laws of the State of Texas (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 Webb County Texas, 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 nevertheless shall remain in full force and effect.
Climb at Rio is authorized to take and use photographic or other images of me or the minor at the gym 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 gym; 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.
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 gym unless and until it is replaced by a new agreement which will apply to visits thereafter.