Climbing is an inherently dangerous activity that no amount of skill, equipment, training and supervision can completely eliminate the risk of injury; including but not limited to falls, cuts, abrasions, etc. these injuries may be very serious in nature and can even potentially cause paralysis or death.
This Electronic Visitor Agreement, Including Assumption of Risks, Release and Indemnity (this "Agreement") is made between the undersigned Visitor (referred to as "I" or "me") and BETA Climbing Ops LLC (“BETA”) in consideration of my access to and use of the BETA facility and surrounding premises (the “Facility”) and is made effective upon my clicking "I ACCEPT" below.
If the Visitor is a minor, the undersigned parent or legal (court appointed) guardian, by clicking “I ACCEPT” below, agrees to these terms and conditions, and makes all representations herein, for the undersigned and on behalf of the minor. “Visitors” as used in this Agreement refers to persons engaged in any of the Activities as defined below, non-staff members observing or assisting the Activities, and persons otherwise on the premises of the Facility.
Description of Activities
“Activities” means any activities or services offered by BETA including, but not limited to: use of roped climbing walls (including top roping, auto-belay climbing, lead climbing and speed climbing), bouldering, slacklining, dry-tooling, use of fitness equipment and weight area, participation in activities or events at the Facility including gear demonstrations, clinics, parties, training, yoga and other fitness classes, remote outdoor climbing, camps and classes, travel to other activity sites, transportation to remote climbing sites and walking (including street crossings), use of parking areas, the rental or borrowing of equipment, food services; and moving about the Facility and remote climbing sites.
Assumption of Risks
I recognize and understand that the Activities are inherently dangerous and involve the risk of injury, death and/or property damage. I acknowledge that any injuries sustained may be compounded by the actions or inactions of others including, but not limited to, misuse of Facilities or equipment, falling climbers, dropped items, Negligence, negligent emergency response or rescue operations of Beta.
I understand that INJURIES OF ALL TYPES ARE A COMMON AND ORDINARY OCCURRENCE of the Activities. I also understand that maintenance of the Facility and equipment, training, coaching, instruction, supervision, enforcement or lack thereof of any rules or regulations, route setting, or any added safety measures (hereinafter “Associated Activities”) by BETA do not and cannot guarantee the safety of me or the minor Visitor while climbing indoors or outdoors (whether at the Facility or elsewhere). I bear the responsibility for managing the risks of the Activities, supervised or not, including inspecting the Facility and associated equipment and agree not to use any equipment or participate in an Activity for which I feel that I (or the minor Visitor) am not qualified or which includes harmful conditions. I also agree to immediately report any defective or problematic equipment I may observe to the attention of a BETA employee. I agree to follow all BETA policies, rules, and regulations. I acknowledge that BETA staff is, and has been, available to answer any questions about the nature and physical demands of the Activities and their risks.
Understanding these risks and dangers, and understanding that other risks will be encountered, I expressly assume all risks associated with the Activities, inherent and otherwise, and whether or not described above. If applicable, I have explained the activities and risks to the minor Visitor, and the minor wishes to participate in the Activities nevertheless.
Release, Indemnity and Other Agreements
I hereby unconditionally WAIVE AND RELEASE ANY AND ALL CLAIMS AND CAUSES OF ACTION OF ANY KIND OR NATURE, NOW KNOWN OR HEREAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD, AGAINST BETA and its officers, directors, employees, agents, affiliates, members, successors, and assigns (COLLECTIVELY, “RELEASEES”), AND ANY MANUFACTURERS OR DISTRIBUTORS OF EQUIPMENT USED BY BETA, RELATED IN ANY WAY TO THE ACTIVITIES OR ANY ASSOCIATED ACTIVITIES, WHETHER ARISING OUT OF THE NEGLIGENCE OF ANY RELEASEE OR OTHERWISE. I AGREE not to make or bring any such claim against any Releasee, and forever release and discharge all Releasees from liability under such claims.
I agree to hold harmless, defend and indemnify BETA from any claim or action, present or future, related to injury or damage to myself, the minor Visitor, or either of our personal property, or to any other person or property, for any loss, damage, expense or injury (including DEATH) suffered by any person from or in connection with my or the minor Visitor’s participation in any Activities or Associated Activities, including attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, due to any cause whatsoever including negligence and/or breach of express or implied warranty on the part of BETA.
I am (and, if applicable, the minor Visitor is) in good physical health and capable of participating in the Activities and have/has no mental, physical, or emotional condition or impairment that would cause me or the minor Visitor to be a danger to ourselves or to others or result in either of us being otherwise legally incompetent to understand and enter into this Agreement.
To the extent I am (and, if applicable, the minor Visitor is) using my own climbing or fitness gear I acknowledge I am responsible for assessing the quality of my, and the minor Visitor’s, climbing or fitness gear brought to the Facility and determine that it is adequate and in good condition for use. I am aware the use of a protective helmet could prevent permanent brain damage or other injury in the event of an accident and I am also aware it is my responsibility to provide and use a protective helmet according to the manufacturer’s specifications while participating in the Activities. I understand that BETA shall not be responsible for the safekeeping, loss, theft or damage of any Visitor’s property or the property of any guest of Visitor that is brought into the Facility or brought on any outside activity.
BETA reserves the right in its sole discretion to refuse entry, or to terminate Visitor(s) named below, use of the BETA property, equipment or from participation in any activity organized by BETA outside of the Facility, including but not limited to portable wall climbing or guided instruction in the outdoors at any time or for any reason whatsoever.
I authorize BETA to use, store or transfer, as BETA may consider necessary or desirable, my and/or the minor Visitor’s personal information, for any purposes in connection with the Facility and services provided by the BETA unless I notify BETA in writing otherwise. I give BETA permission to use in its marketing materials any photograph or video image in which my (and/or minor Visitor’s) likeness appears, and sound of voice as recorded on audio or videotape, unless I notify BETA in writing otherwise, and I hereby waive any right to additional consideration for the use of said images or sound of voice.
This Agreement constitutes the sole and entire agreement between me and/or the minor Visitor and BETA (other than the BETA Membership Agreement if the Visitor is a Member) regarding the use of the Facility and supersedes all previous agreements, understandings and arrangements, written or oral, between the me or the minor Visitor and BETA in relation to such matters. If any term or provision of this Agreement is invalid, illegal, or unenforceable under applicable Connecticut law, such invalidity, illegality, or unenforceability shall be limited or excluded to the minimum extent required and not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Connecticut without giving effect to any choice or conflict of law provision or rule (whether of the State of Connecticut or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Fairfield County, Connecticut, and I hereby consent to the exclusive jurisdiction of such courts. Any delay or failure by the BETA to exercise its rights and/or remedies under this Agreement does not constitute a waiver of any of such right or remedy. I understand that this Agreement shall continue in effect and remain in force in perpetuity from the date it is executed, and covers my, and/or the minor Visitor’s, participation in all Activities.
I HAVE CAREFULLY READ, UNDERSTAND, AND VOLUNTARILY ENTER INTO THIS AGREEMENT. BY CHECKING “I AGREE”, I ACKNOWLEDGE THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE BETA. I intend for this Agreement to apply to the fullest extent allowed by law, and to be binding upon members of my, or the minor Visitor’s, family, and our respective, heirs, assigns, and administrators.
If the Visitor is a minor, the undersigned represents he or she is the parent or legal guardian of the Visitor named below and consents to the minor Visitor engaging in Activities at the Facility or those events sponsored by or involving BETA.
Date: April 6, 2020