In consideration of the services of the Companies, I, an adult Visitor, or parent or legal guardian of a Visitor who is a minor, acknowledge and agree to the following:
I, and minor Visitor for whom I sign below, have viewed the orientation video of the Gyms and their activities and any questions have been answered to our satisfaction.
ACTIVITIES: The activities of the Gyms (“the Activities”) include indoor and outdoor rock wall climbing (top rope, auto-belay and lead climbing), bouldering (un-roped climbing and traversing), slacklining and, on limited occasions, a giant swing (launched from a height of approximately 20 feet). In addition, the Gyms offer training and fitness activities including weights, machines and other equipment. Visitors may participate in special activities or events including gear demonstrations, parties, training, yoga and fitness classes, and clinics, tutorials, leagues, teams and competitions. Activities may include remote natural rock wall climbing, camps and classes and travel to those sites. Visitors may rent or borrow equipment from the Gyms. Youth activities (including at remote sites) include yoga, bouldering and belaying other youth; arts and crafts; basic fitness, including balance and floor exercises; and games, some vigorous, on and off the climbing wall, including running, jumping, swinging on ropes, slacklining and rappelling. Visitors may consume food on the premises, brought by them or purchased at the Gym. Gym staff must be advised of a Visitor’s food or other allergies, actual or suspected. “Activities” as used in this Agreement include the use of the facilities of the Gyms and moving about their premises, inside and out, including parking lots, walkways, stairs, elevators and common areas used for parties, summer camp and other events.
Visitors under the age of thirteen years must be accompanied by an adult, who, throughout the minor’s visit to the Gym or other site, must be immediately available to the child to enforce warnings and instructions and otherwise assist the child in Gym activities. Children under 13 are allowed to boulder only with youth team permission, after a lesson conducted by Gym staff and staff approval. These age limitations do not apply to activities facilitated and supervised by staff including, for example, private or group lessons, camps and youth teams.
Visitors must not assume that they will be supervised or even observed by members of the Gym staff. Visitors are responsible for their own safety and welfare and, if the Visitor is an adult accompanying a minor child, for the safety and welfare of that child.
RISKS: Visits to the Gyms and their Activity sites will expose Visitors to, among others, the following risks: traveling by motor vehicle to a remote Activity site (the Gyms will not provide transportation but may facilitate carpooling arrangements); parking and moving about the Gym and other activity sites, including, at remote locations, uneven terrain, water courses, and plants and animals which may cause harm, and falling timber and rocks; climbing, descending, belaying and falling or jumping from heights onto uneven, worn or hard surfaces; striking and being struck by objects, people and gear; negligent design, construction and operation maintenance of the Gym; defects in roped and un-roped climbing and bouldering surfaces, including loose and spinning handholds; equipment failure, including auto- and other belay systems , harnesses and knots; improper fitting of harnesses and fastening of buckles; the conduct, including the negligence, of gym staff and Visitors; limited access to and/or delay of medical attention; preexisting conditions, physical exertion, exhaustion, dehydration, hypothermia, altitude sickness, or frostbite, mental distress, cuts, bruises, strains, twists and breaks; and injuries associated with outdoor camping, including cooking and fires. I understand that wearing a helmet does not eliminate the dangers associated with the Activities but that in certain circumstances a helmet can reduce the risk of permanent injury or death. I acknowledge that climbing instruction received from the Gym is general in nature and may not apply to all climbing conditions. These and other risks and hazards are inherent in the Activities of the Gym, including at remote activity sites – that is, without them, the activities would lose their value and appeal and vigorous participation would be discouraged. These and other risks can cause damage to property, personal injury and, in extreme circumstances, even death.
ASSUMPTION OF RISKS: I expressly assume the risks of the Activities of the Gyms, known or unknown, inherent or not, and whether or not described above. If the Visitor is a minor, I, parent or guardian, have discussed the activities and risks with the child, who understands them and wishes to visit and participate in the Activities nevertheless. My (or the minor Visitor’s) participation is purely voluntary and in spite of the risks.
RELEASE OF LIABILITY AND INDEMNITY: I, an adult Visitor, or parent or guardian of a Visitor who is a minor (as parent or guardian, for myself and, to the maximum extent allowed by law, on behalf of the minor Visitor), agree to waive any and all claims against, and to defend and hold harmless, release, discharge, indemnify (that is, defend and pay, including costs, attorneys fees and insurance deductibles) and agree not to sue Climb Nashville, LLC, Climb Murfreesboro, LLC, Climb Bentonville, LLC, the owners of, and providers of management services to, the Gyms (including Brock-Sloss, LLC, and Climb HQ, LLC), and their respective members, officers, directors, employees, agents, representatives, and any other persons, corporations, landlords, insurers, affiliates, shareholders, sponsors and property owners or other entities that might have any liability to me (collectively the “Released Parties”), with respect to any and all loss, liability, damages, actions, claims, expenses, costs and attorneys’ fees, known or unknown, suffered or caused by me or the minor Visitor, relating to or arising from my, or the minor Visitor’s, visit to the Gyms or other Activity site, or any Activity, occurrence or event involving a Gym or any of the Released Parties.
These agreements of release and indemnity include claims based on a Released
Party’s alleged or actual negligence (but not gross negligence or intentionally wrongful conduct) or breach of any contract or express or implied warranty or breach of any statutory or other duty of care.
Warning and Notice: Under Tennessee law, an adventure tourism professional is not liable for an injury to or death of a participant in adventure tourism activities resulting from the inherent risks of such activities, pursuant to Tennessee Code Annotated, title 11, chapter 11. The State of Tennessee is held harmless for any act of approval of an adventure tourism business. State approval is limited to determining eligibility for tax credits only.
OTHER PROVISIONS: I further agree, for myself and on behalf of a minor Visitor for whom I sign, as follows:
In order for me or the minor Visitor to visit the Gym, I must sign this Agreement; I, or the minor, must complete whatever instructional program the Gym requires for a particular Activity; and I, or the minor, must read and abide by the Gym rules of conduct, and all other rules that may be posted at the gym or other activity site, and instructions and commands given to me by Gym staff.
I understand that climbing gear could become damaged or defective. I am capable of
assessing my, or the minor Visitor’s, climbing or fitness equipment brought to the Gym or other activity site and declare that it is in good condition for use. I understand that the Gym is not liable for any lost or stolen equipment or personal items brought to the Gym or other Activity site.
Unless I notify the Gym’s staff otherwise, I am (or the minor Visitor is) physically and mentally capable of participating in all Gym Activities without being a danger to ourselves or to others.
I will not, and the minor Visitor will not, participate in any Gym Activity while under the influence of alcohol or any other substance which might influence my, or the minor’s judgement or performance.
In the event of a medical emergency, if I am unable to make such decisions for myself or the minor, I authorize the Gyms to provide or obtain such medical care as Gym staff deems necessary for me or the minor Visitor, including transportation to a medical facility. I agree to pay all costs associated with such actions on the part of the Gym and to indemnify and hold Released Parties harmless from any loss arising from such assessment and care, including transportation.
The Gym is authorized to take and use my, or the minor Visitor’s, name and likeness, for promotional materials, brochures, and/or websites, without compensation.
Any and all claims for loss, injury or death arising from a visit to the Gym shall be governed by the laws of the State where that gym is located (that is, Tennessee or Arkansas), not including those laws which may apply the laws of another jurisdiction. Claims arising out of the Nashville gym must be brought and maintained in Davidson County, Tennessee; those arising out of the Murfreesboro gym, in Rutherford County, Tennessee; and those arising out of the Bentonville gym, in Benton County, Arkansas.
This Agreement shall continue in effect with respect to this and all future visits to the Gyms, provided, however, that modifications or other agreements might be required in the future for application to visits thereafter. If a court of competent jurisdiction finds any portion of this Agreement to be invalid, the remaining portions shall survive and continue in full force and effect.
I have carefully read, understand, and voluntarily sign this agreement, and have had the opportunity to ask questions, and fully understand its contents and implications. I intend for it 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.
By signing on behalf of a minor Visitor, I represent that I am the parent or legal guardian of the minor Visitor and acknowledge that he or she is bound by all the terms of this Agreement to the maximum extent allowed by law. I understand that the minor Visitor would not be permitted to take part in any of the Activities unless I agree to the terms of this Agreement. By signing this Agreement, I represent, under penalty of fraud that I am either an adult Visitor (at least 18 years of age) or the parent or guardian of a minor Visitor. If I misrepresent my age, or my authority as parent or guardian, I understand that I, or the minor Visitor will be considered a trespasser on the premises and, if I am an adult, I agree to protect and indemnify the Gyms from any and all claims related in any way to the visit.