NOTICE: THIS IS A LEGALLY BINDING AGREEMENT. By signing this agreement, you give up your right to bring a court action to recover compensation or obtain any other remedy for any injury to yourself or your property or for your death however caused arising out of your use of the Rock Solid Climbing facility, now or any time in the future. This Agreement must be signed by all adult participants in activities at Rock Solid Climbing, an Arizona limited liability company. 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 Rock Solid Activities and other persons in an activity area. ASSUMPTION OF RISK: I hereby acknowledge, accept and agree that the sport of rock climbing and the use of Rock Solid's services, equipment, and facilities is an inherently dangerous activity. I have received full information regarding Rock Solid's services, equipment, and facilities and have had the opportunity to ask any questions that I had regarding the same. I have full knowledge of the nature and extent of all the inherent risks associated with rock climbing and the services, equipment, and facilities used for rock climbing and related activities which may include but are not limited to: - Any and all manner of injury, including without limitation the possibility of serious injury or death, resulting from any of the services, equipment, and facilities at Rock Solid, including without limitation, falling off the climbing wall and hitting the floor, bouldering pads and corners of such pads, the climbing wall, rock face, people or projections, whether permanently or temporarily in place, use of the auto-belay system, or failure to clip into the auto-belay system, or any other consequence whatsoever of utilizing Rock Solid’s services, equipment, and facilities
- Rope abrasion, entanglement and any other injuries whatsoever resulting from the use of the auto-belaying system
- Injuries resulting from the actions or omissions of others, including but not limited to falling climbers or dropped items, such as climbing hardware, wall parts or personal effects
- Cuts and abrasions resulting from skin contact with the climbing wall or any other surface, person, or equipment
- Failure or misuse of ropes, slings, harnesses, climbing holds, anchor points, machinery or any other equipment
- Failure to follow Rock Solid’s employee instructions or failure to ask for information or assistance
- Any injury that may occur while moving on or about the premises for any reason, including but not limited to slips, trips and falls, and any and all inherent risks of rock climbing, and the services, equipment and facilities used for rock climbing and related activities at Rock Solid Climbing
I further acknowledge that the above list is not inclusive of all possible inherent risks associated with the use of Rock Solid’s services, equipment, and facilities, and I agree that such list in no way limits the extent or reach of this Assumption of Risk, Release and Indemnification. I also acknowledge that climbing gyms are public facilities and that any contact with the public increases the chance of viral contagion.
RELEASE: In consideration of my use of Rock Solid's services, equipment, and facilities, and/or participation in any program, competition, special event, camp, group or party offered by or held at Rock Solid, I hereby release and discharge Rock Solid, as well as its members, managers, officers, directors, owners, employees, agents and contractors, from any and all liabilities, suits, claims, causes of action, demands, damages (including attorney fees and expenses), losses or costs of any nature whatsoever incurred by me or that are in any way related to or arising out of the use or intended use of Rock Solid's services, equipment, and facilities, whether supervised or not, including, without limitation, all claims for property damage, personal injuries or wrongful, whether or not there are any allegations or charges of negligent acts or omissions on the part of any other parties, including Rock Solid.
INDEMNIFICATION: I hereby agree to indemnify Rock Solid, as well as its members, managers, officers, directors, owners, employees, agents and contractors, from any and all liabilities, suits, claims, causes of action, demands, damages, losses or costs of any nature whatsoever arising out of, or in any way relating to, my use of or movement in or throughout Rock Solid’s services, equipment, and facilities, whether or not there are any allegations or charges of negligent acts or omissions on the part of any other parties, including Rock Solid.
I understand and agree that Rock Solid and its personnel or staff reserves the right to deny access to its facilities to any individual, permanently or for a specified period of time, for any breach of Rock Solid Climbing Center's policies, rules and regulations, for any conduct that is viewed as unsafe or inappropriate, or for any other reason whatsoever, whether disclosed or not. While using Rock Solid’s services, equipment, and facilities, I consent to Rock Solid capturing any form of media containing my image, be it photo or video, and agree that any such media may be used for any and all purposes that Rock Solid deems appropriate in its sole and absolute discretion. Rock Solid may add my email address to their mailing list for gym updates and promotions.
This agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and assigns, in the event of my death or incapacity. By signing this agreement, I waive the right to bring a court action to recover damages or obtain any other remedy for any injury to myself or death, or any damages to my property, however caused, arising out of my use of or movement in or throughout Rock Solid's services, equipment, and facilities, now or any time in the future, whether or not there are any allegations or charges of negligent acts or omissions on the part of any other parties, including Rock Solid. I agree to pay for any and all reasonable attorney’s fees and expenses incurred by Rock Solid as a result of any claims made by me or on my behalf in contravention of this agreement.
I am at least 18 years of age and legally competent to sign this agreement. This assumption of risk, release and indemnification shall be effective and binding upon me and upon my assigns, heirs, representatives, executors and administrators. If I am under the age of 18, this release must also be signed and filled out below by my parent or guardian.
My participation in this activity is purely voluntary, and I elect to participate in spite of the risks described herein. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or I will otherwise agree to bear the costs of such injury or damage. I further certify that I have no medical or physical conditions which interfere with my ability to participate safely in the use of Rock Solid’s services, equipment, and facilities, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
I agree that the validity and enforceability of this release of liability and assumption of risk will be governed by the laws of the State of Arizona, without regard to its conflict of law rules, and venue for any proceedings regarding this agreement shall be in the state courts located in Pima County, Arizona. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS.
Today's Date: January 10, 2025 |