Please read and understand this document before signing. If you have any questions, please ask us or consult an attorney. You are giving up specific legal rights of you, your family and your heirs, by signing this contract.
Whetstone Climbing, LLC its employees, agents, directors, officers, sponsors, advertisers, volunteers, contractors and subrogors (hereinafter Whetstone) have done everything possible and hope that you have a rewarding experience. We wish to inform you that our rock climbing, bouldering, climbing competitions, fitness activities, rental equipment and other opportunities offered by Whetstone, (hereinafter Climbing) are not risk free. The same elements that contribute to the unique character and fun of Climbing and other Whetstone activities and events such as the physical exertion, the exercise, the food, day care or beverages can cause loss or damage to equipment, injury, illness, or in extreme cases, permanent trauma, or death. We do not want to heighten or reduce your enthusiasm for the experience, but we do want you to know in advance what to expect, and to be informed of the possible risks. We ask that you read this, sign it, and return it to our office.
EXPRESS ASSUMPTION OF THE RISK
There are risks that accompany all aspects of life as well as Climbing. Some of these risks are inherent in the activity; some are changed, increased or decreased due to the activities of Whetstone. You must understand and accept all the risks of the activity, inherent and others.
Indoor climbing walls, like all recreation activities, are hazardous. The obvious accidents that occur in climbing are falling. Whenever you fall you may fall only a few feet or all the way to the ground. As you fall you may hit objects or the wall in your path. If the rope catches your fall, the jolt from the rope may cause injury. Falling to the ground may cause serious injury from any height.
In addition to the hazards of falling, objects falling from the wall may hit you; holds, climbing equipment and even people may fall and hit you as you are standing at the base or while climbing.
Equipment may fail. Climbing equipment is tested before use, however, the extreme conditions of the environment in which climbing equipment is used in conjunction with the damages caused by the wall can cause climbing equipment to fail. Improper use of the equipment or not properly tying in will result in injury. The climbing hold may spin or break. As you climb, you may pull out protection from the wall, or it may become unclipped. If you are leading, you may miss clip or incorrectly clip protection causing you to fall further or to the ground.
There are risks, including but not limited to, increased heart stress, the chance of musculoskeletal injuries, permanent trauma or death. Muscular fatigue may be experienced during or after any exercise or activity. This fatigue may be on the same day or occur several days later. The risk of injury getting on or off exercise equipment is possible but rare. Any exercise program, whether or not requiring the use of exercise equipment, is a potentially hazardous activity.
You may develop callous or other skin issues from continued use. You will experience cuts from holding on to the holds or wall. You may also experience rope burns from handling the rope. You agree to wear any safety or other equipment when exercising. If you develop any pain, fatigue, or injury that does not go away as you expect, you agree to immediately inform Trainer and see a physician.
You also have been informed of, understand and are aware that any exercise and/or fitness activities involve a risk of injury, as well as abnormal changes in blood pressure, fainting, and a remote risk of heart attack, stroke, other serious disability or death, and that you are voluntarily participating in these activities and using equipment and machinery with full knowledge, understanding and appreciation of the dangers involved. You hereby agree to expressly assume and accept all risks of injury, regardless of severity, or death.
Your health or medical condition, may be exacerbated, aggravated, triggered, or otherwise affected.
You agree to make sure you completely understand any exercise or activity that you are about to engage in. You agree to ask any questions to make sure you are thoroughly familiar with the exercise, equipment or activity.
Kids enjoy life. In that process kids fall down, get back up and keep having fun. Sometimes though a kid might not get back up as quickly or bounce back as fast. As you, a parent well know, there is no way to prevent a child from falling down or getting hurt. Whetstone and its staff will do the best job we can to help your child bounce back and enjoy the activity or day care. However, you need to acknowledge and understand that no matter how many staff or how much work we do, sometimes a child can get hurt.
If you consume alcohol or drugs, you are responsible for yourself and those around you. Signage will be displayed that conveys 1) the area in which the beer and wine is restricted to and 2) that climbing, use of fitness areas / equipment and other related classes/activities are prohibited as soon as the participant starts drinking and remain prohibited until the following business day. If either of the above (1 or 2) are not adhered to, patrons will be asked to leave indefinitely and potential loss of membership is at risk. Do not drink or use drugs and leave the premises. Drinking alcohol or using drugs to excess can lead to accidents, make you vulnerable and ill, or you may even suffer permanent damage.
You will be coming in contact with equipment, holds, chairs, furniture and other items that have been touched or used by other guests, as well as coming in contact with other guests. Maintain proper social distancing, use appropriate gloves, masks and other personal protection equipment to protect you and other guests. Always wipe down any equipment you have used and disinfect if necessary. You assume the risk of becoming a carrier or becoming sick from any illness, virus, bacterial infection or other disease while at Whetstone.
Decisions are made by the employees, instructors, guides and trainers based on a variety of perceptions and evaluations which by their nature are imprecise and subject to errors in judgment. Participants may have free and unsupervised time. Throughout the activity, participants are responsible for their own safety and for the safety of others.
It is also possible that some participants would suffer mental anguish or trauma from the experience or their injuries.
Traveling to and from Whetstone is incidental to the Climbing and other activities. Accidents can occur during travel to and from the activity site.
This list is not an exclusive or exhaustive list of possible injuries, trauma or accidents that may occur while engaging in any of the Climbing described above, or that you may encounter. Most of these injuries are rare, and you are not likely to encounter them. However, they have occurred, and you need to know about them and other possible injuries not mentioned above. These injuries occur more often when the participants are using drugs or alcohol or not physically able to undertake the activity.
You certify that you have reviewed this document with your family. You certify that you have examined the Whetstone website and looked at the information, risks and videos posted on the company website. You certify that your family, including minor children and yourself are fully capable of participating in a Climbing, training or program or other programs or opportunities offered by Whetstone. You state that you have read the above statement on some of the possible risks in this activity. Therefore, you assume full responsibility for yourself, your family, including minor children, for bodily injury, death, and loss of personal property and any expenses as a result of your negligence, negligence of your family, or the negligence of Whetstone. You hereby expressly consent and assume all risks of the activity for yourself and your family, including the risks associated with traveling to and from the activity. You also understand that Whetstone reserves the right to refuse any person it judges to be incapable of meeting the rigors and requirements of participating in Climbing and other activities. Your family and you are in good physical condition and able to undertake this activity. You understand and agree that this is a voluntary activity, and you are doing so for recreational purposes and do so voluntarily. If a Parent, you agree to read and to explain to any minor all posted signs and warnings, including instructions on use of equipment as well as the risks outlined in this agreement and agree participants will obey all signs, and warnings posted and to obey instructions from staff. You also agree that, to your knowledge, you have no limiting physical conditions or disability that would preclude an exercise program. You have been advised that an examination by a physician should be obtained by anyone prior to commencing a fitness and/or exercise program, or initiating a substantial change in the amount of regular physical activity performed.
You agree you have reviewed the Whetstone website and the information there and understand and assume the risks associated with that information.
CONTRACT, WAIVER, RELEASE, AND INDEMNIFICATION
For the opportunity of Climbing with Whetstone as consideration you agree to waive any legal right to any claim and agree to indemnify and hold harmless Whetstone, its agents and employees as set forth above, from all claims, damages, losses, injuries, and expenses arising out of or resulting from your family’s or your participation in these activities for all past, present or future claims, demands, and causes of action. This release of liability covers all risks of the activity and any negligence of Whetstone, including claims for negligent hiring, instruction, operation or other forms of negligence not normally associated with the Activity or associated with the business and employees. You agree that Whetstone has a subrogation/right to indemnification for your actions based on any permit, grant, contract or agreement with third parties. You further agree to release, acquit, and covenant not to sue Whetstone, its agents, and employees for all actions, causes of action, past, present or future claims or damages, damages in law or remedies in equity of whatever kind, including the negligence of Whetstone, negligence of another participant, or negligence of your family, yourself, or your heirs, against Whetstone arising out of participation in this program. This agreement covers the incidental transportation to and from the recreation location. In short, you cannot sue Whetstone or anyone else for any reason if you or your family or minor child may receive an injury, and if you do, you cannot collect any money.
This release shall not be superseded by any other agreement, nor shall this release supersede any agreement, whether there is any perceived inconsistency or not.
You agree to indemnify, agree to subrogation and to reimburse Whetstone for any damages, costs, fees or expense's Whetstone expends on you or your family's behalf, including the cost of any Search and Rescue or for any damages you may do to third parties. You understand this means you are the insurer for Whetstone for any actions or damages, you or your family may incur.
You agree to the site of any lawsuit and the law governing any such lawsuit shall be Larimer County Colorado and governed by Colorado law no matter the perceived or actual difficulties, deprivation of a meaningful day in court, or the harm to either party’s case or trial in LarimerCounty Colorado applying Colorado Law. You understand and agree that you may be giving up the right to a deprivation of a meaningful day in court and that there are no extraordinary circumstances that would change that legal issue. You agree this forum selection clause applies to all claims, counterclaims, defenses and third-party claims brought by either party to this agreement.
The terms of this agreement shall continue and be, in effect, after the Climbing and other activities have ended. No changes in this document are valid.
As liquidated damages, you hereby agree that if Whetstone is forced to defend any action, lawsuit or litigation or for breach of the covenant not to sue or the covenant of good faith and fair dealing, by yourself, your executors, or your heirs, on your family's or your behalf, your heirs or executors, and you agree to pay Whetstone’s costs and attorney's fees if they successfully defend such action, lawsuit or litigation. You understand and agree that you are indemnifying Whetstone for any claim you may bring for any injury you receive, and if you do, so you will be subject to paying Whetstone’s damages and costs, including attorney fees. Should any sentence, clause, paragraph, or part of this agreement be declared unenforceable by a court of competent jurisdiction, the remaining parts or paragraphs shall remain in full force and effect. This release is intended to be interpreted as broadly as possible to affect the intent and purpose of the release. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties and all prior understandings or communications, electronic, online, written or oral, are superseded by this Agreement.
If you do not want to sign this release, you understand you cannot climb at Whetstone, and you are free to go to climbing with other companies.
All members and guests are responsible for acquiring their own health insurance. The Facility does not provide medical coverage for injuries sustained on the premises or while participating in Facility-sponsored activities and events, whether on the premises or not. You have adequate health, disability, and life insurance for your family and yourself.
You hereby give permission for transportation to any medical facility or hospital. You authorize any qualified person or medical personnel to render necessary emergency medical care for yourself and your family. You hereby authorize the release of any medical information, including information concerning your HIV or “Aids” status, in the possession of Whetstone to any medical facility, hospital, ambulance, first aid provider, first aid service, doctor, nurse, or other such person rendering care on your behalf. You hereby waive any action or claim against Whetstone or any health care provider, hospital, doctor, nurse or first aid provider for the release of this medical information, including your HIV or “Aids” status.
You, of your own free will, for your family, your minor children, your heirs and executors and yourself, have read, understand and acknowledge the risks and liability for yourself and your family.
You acknowledge that you have received a Copy of this Document if you wanted one. You understand that you are signing this document electronically or may be signing this document electronically in the future. You understand and agree under state and Federal law; there is no difference between signing this electronically or in writing.
You Have Read and Understood this Agreement. You are Voluntarily Signing this Agreement. You understand you are giving up certain legal rights for yourself, your family and your heirs.
By signing this you understand you, your family and your heirs cannot sue for any reason. If you or anyone else sues because of your injury you, and they cannot collect any money. If anyone sues and loses you will owe us money. You understand that pursuant to Colorado Revised Statutes § 13-22-107, this release is effective in preventing claims or litigation for injuries your child may receive.
By checking this box, you indicate that your family, and you have previous Climbing, Exercise, Event, Competition or Child Care experience.
Today's Date: September 18, 2020