PLEASE READ CAREFULLY BEFORE SIGNING. THIS DOCUMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
I, the above-identified individual desire to use the G1 Climbing + Fitness (“G1”) climbing wall, facilities, and equipment located at 8845 W. 116th Circle Broomfield, CO 80021 (the “Facility”). In addition, I also desire to participate in instruction, roped climbing, bouldering, yoga, fitness, and other programs, and/or other activities at other locations, both indoor and outdoor, or trips, which are provided by, sponsored by, or involving G1 (collectively, the “Programs”). In consideration of G1 permitting me to use the Facility and/or permitting me to participate in Programs or both, I hereby agree to execute this Participation Agreement and Release of Liability and Assumption of Risks (“Release”).
DESCRIPTION OF RISKS AND ACKNOWLEDGEMENTS: There are significant elements of risk associated with Programs involving G1. Although G1G1, LLC; DBA “G1 Climbing + Fitness”; G1 Climbing + Fitness, LLC; and G1L1, LLC (hereinafter collectively “G1” or the “Released Parties”) have taken reasonable steps to provide you with appropriate equipment and skilled instructors so you can enjoy each Program for which you may or may not be skilled, G1 must remind you that each Program is not without risk.
1. I understand, accept, and acknowledge that there are inherent risks in the sport of indoor and/or outdoor rock climbing and related activities, including but not limited to those dangers associated with climbing, descending, belaying, and bouldering. The inherent risks are those that are normal or natural to that activity and cannot be eliminated. This involves the risk of death or serious personal injury, regardless of whether I follow G1’s safety instructions or recommendations, including but not limited to those involving my choice of wearing a helmet or not. These risks include, but are not limited to, all manners of falling off or from the wall or climbing sites, hitting the floor, ground, or wall faces and features; falling because of improperly tied knots or rope technique, or improperly buckled harness; falling because of improperly placed gear, loose or falling equipment or gear; getting dirt or other materials in the eyes; acts of other participants such as being hit by falling persons, equipment, or debris; you falling onto another person, ledge, or protrusion; equipment used in activities may inflict injuries even when used as intended; injuries resulting from personal physical or mental limits including but not limited to fatigue, chill, heat, and dizziness, which may diminish reaction time and increase risks of accident and the ability to follow or give directions while climbing, belaying, lifting, spotting, or being a spectator; or cuts, bruises, muscle and tendon strain, twisted or sprained ankles, rope burns, paralysis, concussions, and even death. 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, cycling, slacklining, and other sporting, recreational or educational activities. I understand that these are some, but not all, of the risks involved in using the Facility or participation in the Programs or both and that there are more hazards than can be enumerated here, and that there are also unknown and unforeseeable hazards. I understand that there are numerous risks associated with participation in rock climbing activities, both indoor and outdoor, and the Programs and that no amount of care, caution, instruction or expertise can eliminate the dangers associated with these and other activities. Many, but not all, of these risks are inherent in rock climbing and other related activities.
2. I understand that climbing gear and equipment could become damaged or defective. I confirm that I am capable of examining and assessing the gear and equipment that I use during climbing and that I am solely responsible for inspecting and assessing the quality of my own gear. If damage occurs to equipment belonging to G1 while I am using it, I will bring it to the attention of G1 staff and refuse to participate until the issue is corrected to my satisfaction.
3. I certify that I am physically and mentally capable of participating in all G1 Programs, including the ability to climb, descend, belay, and follow or give directions and that I have no medical, physical, or other conditions that could interfere with my ability to participate in the Programs. I understand that if my physical or mental condition changes after the execution of this release such that I am not capable of participating in the Program or using the equipment, I am obligated to cease participation in the Programs immediately.
4. If I am provided climbing instruction from Released Parties, I acknowledge that this instruction is general in nature and does not apply to all climbing conditions. I understand that any instruction that I do receive does not prepare or allow me to climb beyond my ability or without supervision. I acknowledge that it is impossible for instruction provided by Released Parties to guarantee my safety or eliminate all the risks of indoor and/or outdoor climbing.
5. I acknowledge that if the Programs are outdoors, accidents can occur during travel to and from the Program site. Trails to outdoor climbs are often steep, rocky, or slippery. I understand that I may be injured in these activities. Other inherent risks associated with outdoor Programs may include but are not limited to: poisonous or dangerous plants, insects or animals, exposure to inclement weather, hypothermia, sunburn, dehydration, heat exhaustion, falling objects, heat stroke, wind, or rain. I also understand that such accidents or illnesses may occur in remote areas without easy access to medical facilities. There may be other risks not known or reasonably foreseeable. I understand that indoor rock climbing and outdoor rock climbing are not the same and that additional skills and training are required for outdoor climbing that cannot be acquired indoors. I agree to seek qualified instruction before attempting to climb outdoors.
6. I have read, or will read before participating, and agree to abide by the Gym Rules, and all other rules that may be posted throughout the facility or climbing sites.
ASSUMPTION OF RISKS: I EXPRESSLY ASSUME ALL KNOWN AND UNKNOWN INHERENT AND OTHER RISKS ASSOCIATED WITH MY PARTICIPATION IN, USE OF, OR PRESENCE AT THE FACILITY, OR ACTIVITIES RELATED TO THE PROGRAMS, INCLUDING THE RISKS OF INJURY, PARALYSIS, OR DEATH, INCLUDING ANY RISK ASSOCIATED WITH MY NOT WEARING OF A HELMET. My participation in the Programs and use of the Facility is voluntary and I elect to do so despite the risks.
RELEASE OF LIABILITY:I hereby agree to waive, release, and forever discharge G1G1, LLC; DBA “G1 Climbing + Fitness”; G1 Climbing + Fitness, LLC; G1L1, LLC; and any of their respective members, shareholders, officers, directors, employees, agents, representatives, sponsors, independent contractors, volunteers, assigns, equipment manufacturers, and suppliers (collectively the “Released Parties”), from and against any and all damages, actions, claims, causes of action (including without limitation negligence), and liabilities, whether known or unknown, anticipated, suspected or unsuspected, resulting from ordinary negligence, breach of warranty, or otherwise, associated with my participation in any activity involving the Released Parties, or any of them, or my use of or presence at the Facility with the exception of any willful and wanton, reckless or grossly negligent act or omission of the released party.
INDEMNITY AGREEMENT: I agree to indemnify, defend, and hold harmless the Released Parties from any loss, liability, damages, expense, or costs, including attorney’s fees, incurred as a result of my participation in any activities or use of any facility.
PHOTO RELEASE: I hereby give my permission and consent to the taking of photographs, videotapes, and other images of me or the minor participant and agree that such images may be published and otherwise used by the Facility for advertising, promotion, publicity, or any other purpose the Facility deems appropriate, without compensation to me or to the minor participant.
LAW, VENUE, AND WAIVER OF JURY TRIAL: The laws of the State of Colorado, without reference to Colorado’s conflict of laws principles, 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 of Broomfield County, Colorado and I irrevocably consent to the personal jurisdiction of this court, and waive any rights to alter or change venue, including by removal. I HEREBY VOLUNTARILY, KNOWINGLY, IRREVOCABLY, AND UNCONDITIONALLY WAIVE ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN ANY ACTION OR DISPUTE INVOLVING ANY RELEASED PARTY OR ARISING OUT OF OR IN ANY WAY RELATED TO THIS RELEASE.
I HAVE CAREFULLY READ THIS AGREEMENT. I FULLY UNDERSTAND ITS CONTENTS AND IMPLICATIONS AND I KNOWLINGLY RELEASE LIABILITY AS PROVIDED.
Today's Date: December 10, 2019