In consideration of my use of the services of Stone Age Climbing Gym, Inc., their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting on their behalf (“Stone Age”), I agree to release and discharge Stone Age, on behalf of myself, my children, parents, heirs, assigns, personal representative, and estate: 1. I am capable of understanding the terms of this agreement and the risks associated with Stone Age activities. 2. I acknowledge that climbing on an artificial climbing wall entails risks both known and unanticipated, which can result in physical or emotional injury, paralysis, death, or damage to myself, property, or others. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, but are not limited to: falls, falling to the ground or mat, falling on others, or being fallen upon by others; loose or damaged artificial holds; equipment failure; belay failure; inattentive belayer; incorrect use of the auto-belay system; climbing out of control or beyond personal limits; potential exposure to communicable disease (including but not limited to coronavirus/COVID-19, other viruses, bacteria, and all other infectious pathogens and disease vectors); negligence of others; inadequate warnings or instructions by Stone Age employees; or my own negligence. 3. I agree to pay attention to the ropes and anchors in the gym and to advise gym staff if I cause damage or notice any damage. I accept responsibility for the care and condition of my equipment, including but not limited to harnesses and ropes. I understand that I am responsible for assessing the quality of my own climbing or fitness gear that I bring to Stone Age. 4. I acknowledge that padded landing surfaces at Stone Age may not prevent injury from falls, including fractured or broken bones and that these pads may be unstable and/or uneven. 5. I acknowledge that participating in activities offered by Stone Age, including exercise classes and the use of fitness equipment, entail known and unknown risks which can result in injury to myself, property, or others. 6. I understand that safety equipment, proficiency checks, supervision, instruction, guidance and the enforcement of rules by Stone Age, either while taking a class or during individual participation, does not guarantee my safety or eliminate the inherent risks. I further understand that I am responsible for assessing my own fitness and the limits of my abilities and that Stone Age employees, including class instructors, cannot eliminate the risk to myself or others. 7. I acknowledge that Stone Age provides safety helmets free of charge to all customers which can help prevent head or neck injury or permanent brain damage in the event of an accident. I understand that if I choose not to wear a helmet, I may be increasing the risk of the activity in which I am participating. 8. ASSUMPTION OF RISKS: I expressly agree and promise to accept and assume all of the risks, known or otherwise, existing in all Stone Age activities whether or not described in this document. My participation in these activities is purely voluntary; I understand that I have the right to terminate my participation at any time; I elect to participate in spite of the risks. 9. RELEASE OF LIABILITY: I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Stone Age from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Stone Age’s equipment or facilities, including any such claims which allege negligent acts or omissions of Stone Age. This means that I agree not to file a lawsuit against Stone Age. 10. Should Stone Age, or anyone acting in their behalf, incur attorney’s fees and costs to enforce this Agreement, I agree to indemnify and hold them harmless for all such fees and costs, damages, judgments, and settlements. 11. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else to bear the cost of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition. 12. This agreement shall be construed in accordance with the laws of the State of New Mexico, and for any dispute arising under this agreement, I hereby submit to the exclusive jurisdiction of the state courts of New Mexico or the United States District Court in the District of New Mexico. By signing this agreement, I acknowledge that it is legally binding and I am waiving my legal rights. I have had the opportunity to read the entire document and ask questions. I have read and understand the agreement, and I agree to be bound by its terms. GYM RULES • All visitors must read and sign a liability waiver or be escorted by gym staff to progress beyond the lobby • Children under 14 years of age must have adult supervision • You must pass a safety check and display your belay card or receive training before climbing • The minimum age for belaying is 14 • Customers are not allowed to teach belay skills to fellow climbers • No climbing or belaying while under the influence of drugs or alcohol • Falls while bouldering (climbing without a rope) are the most common cause of injuries in the gym! Get a spotter! Padded landing surfaces may not protect you from injury. Padded and carpeted areas are fall zones, keep these areas clear of objects and watch for falling climbers • No climbing while wearing headphones, one ear bud allowed • No bouldering in rope climbing areas • You must tie directly into your harness with a figure 8 follow through knot unless using an auto belay • Only modern commercially-manufactured harnesses are allowed • No top roping on single bolts • No skipping bolts when lead climbing – first bolt optional • No food or drinks on the carpet or bouldering pads. • All chalk must be contained in a chalk bag I have read, understand and agree to follow these rules. I have read, understand, and agree to the above gym rules. Date: December 21, 2024 Minor(s) must be signed by a parent or court-appointed legal guardian. |