Blue Granite Climbing Gym Visitor Agreement & Waiver
PLEASE READ THIS AGREEMENT CAREFULLY, IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS. YOUR SIGNATURE BELOW INDICATES THAT YOU HAVE READ, UNDERSTAND, AND ACCEPT EACH OF THESE STATEMENTS. This agreement applies to all visitors at Blue Granite Climbing Gym, Inc. (BGCG). It must be signed by all adult visitors (18 years of age and older) and by a parent or legal (court appointed) guardian (herein referred to as Parent) of a visitor who is a minor. In consideration of being allowed to participate in or observe any and all activities at BGCG, I, an adult visitor or Parent of a visitor who is a minor (for myself and on behalf of the minor), hereby acknowledge and agree as follows:
1. Facility and Services: The BGCG premises include indoor climbing walls, a cardio and fitness area, a yoga and group fitness area, food and beverage concessions, bathrooms, locker rooms, a sauna, spectating areas, outdoor walkways and seating, and a parking lot.
2. Activities: As a participant, parent of a minor participant, observer, or any visitor at BGCG, I or my child or legal ward will be involved in, or exposed to, activities which involve significant elements of inherent risk which cannot be eliminated. Such activities include but are not limited to: top rope climbing and belaying, lead climbing and belaying, bouldering (including spotting and falling from an allowable bouldering height in designated bouldering areas), use of autobelays, yoga and group fitness classes, and use of cardio and exercise machine and free weights. Other activities such as camps, clinics, events, youth teams, or team building may include (in addition to the activities listed above) but are not limited to: rappelling, slacklining, obstacle courses, games, and rope swings.
a. Special Activities: Participants in tope rope belaying, lead belaying and lead climbing must request and receive certification from BGCG staff before participation in such activities. All participants must complete Facility Orientation with a BGCG staff member (including bouldering and autobelay orientations) and acknowledge the Facility Orientation Checklist, before participation in any activities. Independent contractors are used at BGCG for certain activities such as but not limited to: yoga and fitness classes, clinics, and presentations. BGCG is not responsible for the manner in which these contractors perform their tasks. Any disputes or claims arising from their performance is strictly between the visitor and the contractor.
3. Risks: As a participant, parent of a minor participant, observer, or any visitor at BGCG I will be exposed to risks inherent to the sport of wall climbing including but not limited to:
a. tripping, slipping, or falling (including falling off the climbing wall or other surfaces and hitting climbing wall surfaces and projections or the floor ), rope abrasion, entanglement; cuts and abrasions resulting from skin contact with climbing walls or floor padding while engaging in activities at BGCG or while moving about the premises
b. being struck by falling objects including climbing holds, climbing equipment, or other climbers
c. the failure of equipment and structures including ropes, climbing equipment, climbing holds, and climbing walls
d. the failure or negligence of yourself or others (including staff) to adequately perform their duties as a belayer, to follow the instructions and rules of BGCG, and to use and manage all equipment properly
4. ASSUMPTION OF RISKS: I, OR ON BEHALF OF MY MINOR CHILD OR WARD, AS A CLIMBER, OBSERVER, OR VISITOR AT BGCG, ACKNOWLEDGE AND ASSUME ALL THE RISKS OF CLIMBING, KNOWN AND UNKNOWN, AND ALL OTHER ACTIVITIES AT BGCG, MOVING ABOUT THE PREMISES, USING THE FACILITIES, WHETHER OR NOT THOSE RISKS ARE INHERENT AND WHETHER OR NOT THEY ARE LISTED ABOVE. I UNDERSTAND AND ACKNOWLEDGE THAT VISITORS CAN SUFFER PROPERTY LOSS OR DAMAGE, SERIOUS INJURY (PHYSICALLY OR EMOTIONAL), AND EVEN DEATH. I UNDERSTAND AND ACKNOWLEDGE THAT I AM RESPONSIBLE FOR MY OWN RISK MANAGEMENT, FOR FOLLOWING THE RULES OF BGCG AND THE INSTRUCTIONS OF THE STAFF, AND FOR ASKING QUESTIONS IF I AM UNSURE OF ANYTHING. IF THE VISITOR IS A MINOR, I HAVE DESCRIBED THESE RISKS TO THE MINOR. THEY UNDERSTAND THE RISK AND THEIR RESPONSIBILITIES, AND THEY WISH TO VISIT BGCG NEVERTHELESS.
5. WAIVER, RELEASE & INDEMNITY: I, ON MY OWN BEHALF OR ON BEHALF OF MY MINOR CHILD OR WARD, EXPRESSLY AND VOLUNTARILY ACKNOWLEDGE AND AGREE THAT THE RISKS LISTED ABOVE ARE NOT INCLUSIVE OF ALL POSSIBLE RISKS ASSOCIATED WITH THE ACTIVITIES I MAY PARTICIPATE IN AT BGCG AND KNOWINGLY, VOLUNTARILY, AND UNAMBIGUOUSLY AGREE TO WAIVE ANY AND ALL CLAIMS THAT I HAVE OR MAY HAVE IN THE FUTURE AGAINST BGCG, ITS OFFICERS, AGENTS, OWNERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY THE “BGCG PARTIES”) AND TO RELEASE AND INDEMNIFY THE BGCG PARTIES FROM ANY, AND ALL CAUSES OF ACTION, CLAIMS, DEMANDS, LOSSES OR COSTS OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATING TO MY OR MY CHILD OR WARD’S PARTICIPATION IN ANY ACTIVITY AT BGCG, AND THAT THIS WAIVER, RELEASE OF CLAIMS, AND INDEMNITY WILL BE BINDING ON MY HEIRS, NEXT OF KIN, EXECUTORS, PERSONAL REPRESENTATIVES, TRUSTEES, ADMINISTRATORS AND ASSIGNS IN THE EVENT OF MY DEATH. BY SIGNING THIS AGREEMENT, I WAIVE MY RIGHT, OR THAT OF MY CHILD OR WARD, TO BRING A COURT OR OTHER ACTION TO RECOVER COMPENSATION OR OBTAIN ANY OTHER REMEDY FOR ANY INJURY TO MYSELF, MY CHILD OR WARD, OR MY PROPERTY OR FOR MY DEATH OR THAT OF MY CHILD OR WARD, HOWEVER CAUSED, ARISING OUT OF MY OR MY CHILD OR WARD’S PARTICIPATION IN ACTIVITIES AT BGCG, NOW OR ANYTIME IN THE FUTURE, WHETHER CAUSED BY BGCG’S NEGLIGENCE OR THAT OF ITS OFFICERS, AGENTS, OWNERS, EMPLOYEES, OR VOLUNTEERS.
6. Insurance: I certify that I have adequate insurance to cover any injury or damage I or my minor child or ward may suffer or cause to others while participating in any activities and I agree to bear the costs of such injury or damage. I further certify that neither I nor my child or ward have any medical or physical conditions which could interfere with my safety, or that of my child or ward, or the safety of others. I am willing to assume all costs and all risks that may exist or be created, directly or indirectly, by any such condition.
7. Venue: I agree to the sole and exclusive venue of the County of El Dorado, California. I further agree that the substantive law of California shall apply without regard to any conflict of law rules and that if any portion of this agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect. Any controversy between the parties hereto involving any claim arising out of or relating this Agreement shall be submitted to and be settled by final and binding arbitration in El Dorado County, California, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association.
a. Medical: A physician should be consulted to determine physical fitness prior to engagement in climbing, exercising or strenuous activities. I, as an adult visitor, or the Parent of a minor visitor, declare that I (or the minor) have (or has) no pre-existing medical or physical condition which could endanger ourselves or others. In the event of a medical emergency, I authorize BGCG to provide or obtain necessary medical care and I will be responsible for the costs.
b. Image Release: I, as an adult visitor, or the Parent of a minor visitor, give consent for BGCG to use images and videos of myself (or the minor) for publicity or other purposes, without compensation.
c. I understand and agree that BGCG and its staff have the right to deny access to or use of the facilities to any individual, permanently or for a specified amount of time, for any conduct which is considered to be unsafe or inappropriate.
Today's Date: September 28, 2020