VISTOR’S AGREEMENT This form allows you to electronically view and sign the Visitor’s Agreement for certain bouldering gyms in Oklahoma that are owned and operated by Blocworks LLC, an Oklahoma limited liability company (“Blocworks”). This Visitor’s Agreement presented before you must be carefully read and then signed. We also ask that you initial the bottom of each page to further confirm that you have carefully read and understood each page. INCLUDING ASSUMPTION OF RISKS AND AGREEMENTS OF RELEASE AND INDEMNITY Please read this carefully. This Visitor’s Agreement must be signed by all adult (eighteen years and older) visitors to bouldering gyms (“the gym” or “gyms”, as the context requires) in the State of Oklahoma which are owned and operated by Blocworks. “Visitors” as used in this agreement refers to persons who are engaged in the activities of the gym, observing or assisting the activities of others, or are otherwise on or moving about the premises of the gym, including its outside perimeter. If the Visitor is a minor, at least one legal parent or a legal, court-appointed, guardian (parent and guardian being referred to in this document as “parent”) must sign, as evidence of their agreement to these terms and conditions, for themselves and, to the maximum extent allowed by law, on behalf of the Minor Visitor. In consideration of being allowed on the premises of the gym, I, the undersigned adult Visitor, acknowledge and agree on my own behalf as well as on behalf of any listed Minor Visitors, as follows: Activities: The activities of the gyms include climbing and bouldering on indoor and outdoor surfaces, fitness training, as well as other programs, events, instruction, and classes inside and outside the gym facilities, and with or without supervision of staff or contractors. References in this agreement to “activities” includes active engagement in a sport or recreation offered by the gym, use of the gym’s facilities and equipment, and simply being on and moving about the premises of the gym. Independent contractors may conduct certain activities of the gym, and those contractors – not the gym – are solely responsible for their acts and omissions. Risks: Participation in the activities of the gyms will expose Visitors to the risk of damage to property and personal injury, including paralysis and even death. Causes of such losses include: falling from rock formations, rock walls or other gym features; contact with walls, equipment, landing areas and other climbers, belayers and fixed objects; rope abrasion; rope entanglement; falling climbers; dropped items; cuts and abrasions resulting from contact with climbing hardware, walls and other structures; loose or damaged holds; failure of ropes, slings, helmets, harnesses, shoes, climbing hardware, anchor points, belay devices, or any part of a rock formation or wall or other gym structure; the use of exercise and training equipment which may be defective or fail; uneven walking surfaces; over-exertion in training or exercising; and negligence of other Visitors including misuse of or failure to maintain control of equipment or engaging in conduct beyond their capabilities. Our staff and contractors may be negligent in the performance of their responsibilities, including misjudging a Visitor’s competencies, and failing to follow gym policies and rules. Personal property (including vehicles or their contents and personal property placed in lockers) may be damaged, lost or stolen. Visitors, including those participating in gym activities, must not assume that they are being supervised or even observed by staff. Equipment: Visitors who rent equipment from the gyms accept the equipment “AS IS.” Visitors accept responsibility for the care of the equipment during the rental period and agree to replace, at full value, any equipment not returned or returned in damaged condition. Visitors must advise our staff promptly if they observe damaged or defective equipment during use. The risks described above, and others, are inherent in a visit to the gyms; that is, without them, the basic value and character of the activities would be altered. Other risks may be encountered, inherent and otherwise, and the description above is not intended to limit the extent or reach of this Visitor’s Agreement. ASSUMPTION OF RISKS: I voluntarily assume all risks of a visit to a Blocworks’ gym and understand the dangers inherent in the activities of a bouldering gym whether or not described above. I also acknowledge those risks can include serious bodily injury. If I am signing as a Parent, I have explained the activities and risks to the Minor Visitor, who understands them and wishes to visit the gym and participate in its activities nevertheless. RELEASE AND INDEMNITY AND COVENANT NOT TO SUE: I, an adult Visitor, on my own behalf, and if applicable, as Parent on behalf of any listed Minor Visitors, agree not to sue, and to release and to indemnify (meaning, to defend, and pay, including costs and attorney’s fees and insurance deductibles) Blocworks, the owner or owners of the premises on which the activities are conducted, and sponsors of gym activities and events, and their respective successors, assigns, owners, shareholders, members, officers, directors and staff including volunteers (“Released Parties” and each is a “Released Party”) with respect to any and all claims of injury or other loss which I, or the Minor Visitor, or our respective heirs, representatives, executors, administrators and assigns may have now or in the future, against any Released Party on account of any and all known and unknown, foreseen and unforeseen personal injuries, property damage, death, paralysis or accident of any kind and whenever occurring, arising out of or in any way related to my, or the Minor Visitor’s visit to a Blocwork’s gym, including the use of its facilities and equipment and otherwise being on the premises. These agreements include claims of loss arising from the negligence, wrongful acts, omissions, breach of warranty, or strict tort or product liability of a Released Party. Other Provisions: I agree, for myself and for the Minor Visitor, if applicable, to read and abide by all rules posted in the gyms or otherwise communicated to visitors to the gyms, and to comply with requests and instructions of all staff, I represent that I have no, and the Minor Visitor, if applicable, has no, mental or physical limitations that would cause either of us to be a danger to ourselves or to others. In the event of an accident or other medical emergency, I hereby authorize the Released Parties to administer or obtain first aid and emergency medical services, including transportation, deemed necessary for me or for the Minor Visitor. I agree to be responsible for the costs of such medical care and transportation. I hereby voluntarily waive any right I, or the Minor Visitor may have to a trial by jury in any action, proceeding or litigation involving any Released Party. The laws of the State of Oklahoma (not including its “conflict of laws” rules which may call for the application of the laws of another jurisdiction) shall govern the rights and obligations of the parties to this Agreement and its interpretation, construction and enforceability. I agree that any lawsuit brought against any Released Party shall be brought and maintained solely in Oklahoma County, Oklahoma, and I consent to that jurisdiction for myself and for the Minor Visitor. If any portion of this Visitor’s Agreement is deemed invalid by a court of competent jurisdiction the remainder shall remain in full force and effect. Blocworks is authorized to take and use photographic or other images of me or the Minor Visitor, as applicable, at the gyms for promotional or other purposes, without liability or payment. I am at least 18 years of age, I am legally competent to sign this agreement. I have carefully read this agreement and understand that its terms are legally binding upon me and upon the Minor Child, as applicable, if any, and upon my, and the Minor Visitor’s, respective heirs, representatives, executors and administrators. This Visitor’s Agreement will apply to my, or the Minor Visitor’s, as applicable, visits to the gym or gyms until and including the first anniversary of the date hereof, or until replaced by a new agreement which will apply to visits thereafter. Rights under this Visitor’s Agreement, as to prior activities, will not be affected in any way by a new agreement. I understand that if I misrepresent my age or relationship with a Minor Visitor or my, or the Minor Visitor’s, as applicable, mental or physical condition, I, or the Minor Visitor for whom I purport to sign, will, in the event of a loss suffered, be considered a forger, and entitled to no more than the rights of a trespasser on the premises of the gyms; and I agree to release, not to sue, and to protect and indemnify the Released Parties with respect to losses suffered by, or caused by, me or the child as provided above. A photocopy hereof, or a record of this Visitor’s Agreement sent and received by facsimile, email or other electronic transmission, shall be enforceable and shall have full legal effect as an original. Rules For myself and for the Minor Visitor, as applicable, I agree to the following Rules: WARNING: Bouldering has inherent and other risks which can result in injury, paralysis, or even death. When you or the Minor Visitor of whom you are the Parent, visit the gym, you voluntarily assume all risk associated with bouldering, climbing and related activities, including moving about the gym and its premises. - Parents must be supervising the Minor Visitors that are under the age of 15 at all times. No unsupervised drop- offs at any time.
- No one under the age of 15 may use the fitness equipment unless approved.
- No jumping off structures.
- No yelling, running, rough- housing, horseplay or acrobatics.
- No climbing or exercise activity while under the influence of drugs or alcohol.
- No food or drink on padding.
- Shirts must be worn at all times.
- Close toed shoes must be worn at all times while bouldering and/or climbing.
- Never stand, sit, or lie down beneath the walls where a person or object could fall on you. Be careful when walking under walls or rock formations.
- Be vigilant, and watch for climbers.
- Never climb above, below, or near another climber.
- Do not top out any boulder problem unless specifically authorized to do so.
- Beware of hazards. Objects at or near the base of a climbing surface can result in injury if fallen on. Move them before you climb.
- Beware or any route setting activity or construction work, and steer clear of it.
- Every person entering the gym and moving beyond the registration desk must have a completed Visitor’s Agreement on file. Everyone under the age of 18 must have that agreement signed by a parent or legal guardian.
- If you observe any problems or have a concern about any equipment, or the conduct of another visitor or staff, immediately notify the staff.
- Everyone must check in at the front desk before using the facility. If you do not, you will be asked to leave.
- Before beginning any sort of fitness regimen, check with your physician. We do not have a medic on staff to help. If you are injured, you must seek your own medical treatment.
I have carefully read this Visitor’s Agreement, including but not limited to the section entitled “Release and Indemnity and Covenant Not to Sue”. I will pay careful attention to all instructions and rules presented to me on the tour of the gym. I have and will follow-up with questions on any points that I do not understand.
Today's Date: May 9, 2025 |