Please read this document carefully, this is a legally binding contract.
This Participant Agreement – Waiver, Release of Liability and Assumption of Risk (the "Agreement") must be signed by all adult participants in activities of Eagle Climbing + Fitness, a Colorado Limited Liability Company (“EC+F”). If the participant is a minor, it must be signed by his or her parent or legal (court appointed) guardian, who signs for himself or herself and, if allowed by law, the minor participant. “Participant” as used in this Agreement includes participants in EC+F Activities and Events, as defined below, and other persons in an activity area.
In consideration of being allowed to participate in Activities or Events offered by EC+F, I, an adult participant or parent or legal guardian of a participant who is a minor, acknowledge and agree as follows:
The individual named below desires to use or be granted access to the Eagle Climbing + Fitness facility located at 700 Chambers Ave., in Eagle, Colorado (the "Facility”) to participate in climbing, bouldering, other climbing activities, yoga, sports, fitness activities, or any of the various other types of activities that may take place at the Facility and/or to use or be granted access to the mobile climbing/rock wall that may be located at other locations to participate in climbing activities, whether guided, instructed, self-directed or otherwise (collectively, “Activity” or “Activities”) and/or to partake in trips, climbing courses, competitions, camps, adventures, and/or other types of events at other locations (“Events”), both indoor and outdoor, which are sponsored by or involve EC+F.
All references to the Facility throughout this Agreement includes all rooms, areas, and spaces within the interior of the Facility, the exterior of the Facility, and the parking lot and/or other areas appurtenant of the Facility. For the purposes of this Agreement only, I agree that Events and Activities span from the time I leave my residence prior to each particular Event or Activity to the time I return to my residence after the Event or Activity.
DESCRIPTION OF RISKS
A. I recognize and understand that there are risks, hazards, and dangers in EC+F Activities and Events, inherent and otherwise, and that participation could result in injury of all kinds, including serious injury or death. The risks involved in EC+F Activities and Events, include, but are not limited to: hazards included in traveling to the location of an Event or Activity, parking and moving about parking and other areas in the vicinity of the Facility, Activities, or other areas; falling, collision with objects, people, or structures, falling onto uneven, worn, or hard landing surfaces; falling onto another person, ledge or other protrusion; falling because of improperly placed gear; falling because of improperly tied knots or rope technique, or improperly buckled harnesses; loose handholds or loose rock; equipment failure, even if equipment is properly used; getting dirt or other materials in the eyes; being hit by falling persons, equipment or debris; physical exertion; cuts, bruises, muscle and tendon strain, twisted or sprained ankles, rope burns, paralysis, broken bones, concussions, and/or even death; acts of other participants, visitors, and staff; illness and/or death from exposure to COVID-19 and/or other transmissible or communicable disease; harm due to exposure to weather, plants, or wildlife. I hereby acknowledge that even though there may be Facility and/or EC+F employees present, they are not able to watch my every move and that I am ultimately responsible for all of my actions and responsible to ensure that I stay out of harm's way. I understand that there are more hazards than are enumerated here, and that there are also unknown and unforeseeable hazards. I also acknowledge that there are inherent risks associated with the use of or participation in other than climbing-related equipment or activities, including but not limited to risks associated with the use of exercise equipment or participation in group exercise classes, yoga, weight lifting and other sporting, recreational or educational activities. I understand that no amount of care, caution, instruction or expertise can eliminate the inherent dangers associated with these and other activities. Participation in Activities and Events is voluntary and Participants may withdraw from participation at any time.
B. I understand that climbing gear could be or become damaged or defective. I am capable of examining and assessing my own equipment that I use during any Activity or Event and that I am solely responsible for inspecting and assessing my own gear. If damage occurs to equipment belonging to EC+F while I am using it or if I notice damage while I am using it, I will bring it to the attention of the EC+F staff so they may evaluate the equipment.
C. I confirm that I am physically and mentally capable of participating in all EC+F Activities and/or Events. I understand that if my mental or physical condition changes after the execution of this release such that I am not capable of participating in the Activity or Event or using the equipment, I am obligated to cease participation in the Activities or Events immediately.
D. I understand that wearing a helmet does not eliminate the dangers associated with rock climbing but that in certain instances a helmet can reduce the risk of permanent injury or death. Helmets, however, are not recommended for any Participant using Auto Belays.
E. I have read and agree to abide by the EC+F Rules listed below on this waiver as well as other rules that may be posted throughout the Facility or Activity or Event sites.
F. I acknowledge that any climbing instruction that I may receive from the Released Parties, as defined below, is general in nature and may not apply to all climbing conditions. I understand that any instruction that I do receive does not prepare me to climb beyond my ability or without supervision.
G. I acknowledge that the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Heath Organization, is extremely contagious, and is believed to spread mainly from person-to-person contact. I understand that by participating in EC+F Activities and Events, I am increasing the risk of contracting COVID-19 because an inherent risk of exposure to COVID-19 exists in any public place where people are, or have been, present.
ASSUMPTION OF RISK
Understanding these risks and dangers, and understanding that all other risks may be encountered, I expressly assume all risks associated with EC+F Activities and Events, inherent and otherwise and whether or not described above. If the Participant is a minor, I have explained the Activities and/or Events and risks to him or her, and the minor wishes to participate in the Activities and/or Events nevertheless. My participation in Activities and/or Events and/or use of the Facility is purely voluntary and I elect to do so in spite of the risks.
RELEASE OF LIABILITY
I agree to release and forever discharge EC+F and any of their respective members, officers, directors, employees, agents, representatives, sponsors, independent contractors, equipment manufacturers, and suppliers (“Released Parties”), from and against any and all past, present, and future injury, loss, damage, expense, action, claim, and liability, whether known or unknown, anticipated, suspected or unsuspected, relating to or arising from my participation in any Activity or Event involving EC+F or my use of or presence at the EC+F Facility. This Release of Liability shall not apply to actions resulting from EC+F's gross negligence or willful misconduct. I understand that this Agreement prohibits me from filing any lawsuit against any of the Released Parties for any of the reasons identified in this paragraph, now or in the future, and from recovering any losses, damages, or expenses against any of the Released Parties. If I do make any claim against a released Party I hereby agree to indemnify the Released Party from any and all damages that may be assessed against them including the attorney's fees and costs associated with the Released Party defending any claim.
VENUE, JURISDICTION & WAIVER OF JURY TRIAL
The laws of the State of Colorado shall govern the rights and obligations of the parties to this Agreement and the interpretation, construction, and enforceability thereof. I agree that any lawsuit brought against the Released Parties shall be brought solely in the District Court for Eagle County. I hereby waive my right to assert diversity of citizenship and/or my rights to remove any action to federal court. I voluntarily waive any right I may have to a trial by jury in any action involving any Released Party.
I agree to indemnify, hold harmless, and defend the Released Parties from and against any and all loss, liability, damage, claim and expense, or costs including attorney’s fees, incurred as a result of my participation in any Activities or Events or use of any Facility.
USE OF MY LIKENESS
I authorize EC+F to use any photograph, video recording, audio recording, or any other media taken at the Facility, during Events, or in connection with any Activities involving EC+F or any of the other Released Parties to be used in promotional materials, brochures, and/or websites.
If any term, provision, or condition, or any part thereof, of this Agreement shall for any reason be found or held to be invalid or unenforceable by any court or governmental agency of competent jurisdiction, such invalidity or unenforceability shall not affect the remainder of such term, provision, or condition or any other term, provision, or condition, and this Agreement shall survive and be construed as if such invalid or unenforceable term, provision, or condition had not been contained therein.
EAGLE CLIMBING + FITNESS RULES
1. All visitors and/or participants must register at the front desk, or otherwise, and complete an EC+F Participant Agreement.
2. Children age 12 and under must be accompanied by a parent or guardian at all times.
3. No running, horseplay, or gymnastics of any kind; do not swing on the ropes or auto belays.
4. The use of vulgar language or improper conduct is not permitted.
5. Food or drink is not allowed in the climbing area.
6. Keep all additional clothing and equipment, as well as water bottles, off of the padded climbing flooring. Use lockers and/or cubbies to store these items.
7. No smoking, drugs, or alcohol allowed. Anyone suspected of being under the influence may be asked to leave the premises.
8. Please do not wear climbing shoes in the bathrooms.
9. All Participants must use proper equipment. Equipment brought into EC+F or the Activity shall be used at the sole and exclusive risk of the owner of such equipment.
10. Before belaying, lead climbing or lead belaying, Participants must take a test and receive formal approval from an EC+F staff member. Belaying and lead climbing require certification. Belaying or climbing lead routes is not permitted by anyone not certified by EC+F. Breaking these rules is grounds for immediate removal and suspension of certification. Portable wall auto belays must be attached and detached by EC+F staff only.
11. All belayers and climbers must use proper belay technique and agree to DOUBLE CHECK their set-up before beginning the climb. The belayer will check the climber's gear and knots, and the climber will check the belayer’s system and exchange confirmation that the setup is correct. This is important and must be performed at the start of EACH and EVERY climb.
12. Demonstrate caution around all pipes at the top of the walls. Do not grab them, they are part of the emergency sprinkler system for the gym.
13. Lead climbing at EC+F is a privilege. Lead climbers that do not abide by the lead climbing rules will be warned and lead privileges may be taken away. Practice lead falls are not allowed in the facility except in lessons supervised by EC+F staff.
14. Bouldering (un-roped climbing) is permitted in designated bouldering areas, or the boulderer’s hands shall remain below the first quickdraw in areas designated for rope climbing. Do not boulder beneath roped climbers.
15. Participants at EC+F must be at least 14 years of age in order to use exercise equipment. It is required that participants at EC+F be at least 14 years of age to belay and lead climb, unless under the direct supervision of an EC+F instructor or coach and the Participant must be certified at EC+F to belay and lead climb.
16. EC+F is not responsible for lost or stolen items.
We reserve the right to add to the above list as we see appropriate in an effort to provide a safe environment for our patrons. Refusal to abide by any EC+F rules can be cause for the loss of climbing privileges without a refund.
I have carefully read, understand, and voluntarily sign this agreement and hereby acknowledge and assume the risks associated with the activity or event and release all released parties from any liability whatsoever. I intend for this agreement to apply to the fullest extent allowed by law, and to be binding among my, or the minor child's, family, and our respective heirs, assigns and administrators.