Participant Information Release & Assumption of Risk Agreement And for Other Purposes
Vertical Horizons Climbing Gym Rules
This Agreement (herein “this Agreement”) is subject to the following rules:
- All Climbers and visitors must have a current Vertical Horizons, LLC d/b/a Vertical Horizons Climbing Gym (sometimes called “Vertical Horizons” or “Vertical Horizons Climbing Gym”) waiver on file before climbing or entering climbing areas. Participants under 18 years of age must have this form signed by their parent or legal guardian. No unaccompanied minors are allowed unless they are enrolled in a Vertical Horizons climbing program.
- Only those currently climbing, or belaying are allowed in climbing areas, except for parents of Participants under the age of 18 years of age.
- No food or drinks are allowed in the climbing areas. Store all gear away from climbing areas. No glass bottles, food, or drink allowed on gym flooring or bouldering areas.
- Foul language, horseplay, tumbling on landing mats, swinging on ropes, running, and unruly conduct are not permitted at Vertical Horizons Climbing Gym and may result in expulsion from Vertical Horizons.
- All climbers must be trained and/or certified by a Vertical Horizons Climbing Gym staff member prior to climbing and belaying (auto-belay, top-rope, lead). By participating in climbing and belaying, the climber (of if applicable, his or her parent) certifies, warrants, and represents that the Participant has had such training.
- All climbers must use closed toe shoes when climbing. The use of shoes, boots, crampons, etc. that may damage walls, floors, etc. is not permitted at Vertical Horizons Climbing Gym.
- Do not climb above or below other climbers; this includes traversing. It is recommended to have a minimum of one spotter per climber when bouldering.
- All climbers must use proper equipment. Equipment brought into Vertical Horizons Climbing Gym shall be used at the sole and exclusive risk of the owner of the equipment. Vertical Horizons reserves the right to refuse use of equipment deemed unsafe by Vertical Horizons staff but no duty is imposed upon Vertical Horizons to inspect such equipment and deem it safe or unsafe. Only Assisted Braking Belay Devices are allowed at Vertical Horizons Climbing Gym.
- Belayers must belay from their harness; no sitting or lying down while belaying.
- Always be aware of climbers while in the climbing areas. Do not walk underneath a climber. Participants must not assume that they will be supervised by members of Vertical Horizon climbing staff. Participants are responsible for their own safety and welfare, and the safety and welfare of the minors they are accompanying.
- Participants must be 12 and over to belay and lead climb. Guest 11 and under must be accompanied by a parent or legal guardian at all times. Climbers 11 and under may be allowed to boulder, lead climb, and belay only under one of the following conditions: 1) With the explicit approval to do so by an instructional staff member; 2) with youth team permission; or 3) within a supervised or facilitated climb program.
- No climbing or belaying is allowed while under the influence of intoxicating substances, or substances which may cause physical or mental impairment. By climbing or belaying, the climber represents and warrants that he or she is not under the influence of, or impaired by, any intoxicating substance or substances which may or do cause physical or mental impairment.
- If the Participant or the parent of a Participant does not understand the meaning of any terms used herein, the Participant or his or her parent should ask a Vertical Horizons’ employee for clarification as to the meaning.
Vertical Horizons reserves 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 Vertical Horizons Climbing Gym rules can be cause for the loss of climbing privileges.
I agree that I have read and fully understand the rules of the facility, and will abide by those rules, as well as others posted throughout the gym.
Signature of climber:
RELEASE, COVENANT NOT TO SUE, INDEMNIFICATION AGREEMENT, AND ASSUMPTION OF RISKS
The Activities of Vertical Horizons Climbing gym may include indoor and outdoor, real and artificial rock wall climbing (top rope, auto-belay, and lead climbing), bouldering (un-roped climbing and traversing), incidental training regimes and equipment, and on limited occasions slacklining. Participants may engage in gear demonstrations, parties, training courses, leagues, teams, and competitions. Participants may rent or borrow equipment from Vertical Horizons.
There are significant elements of risk associated with rock climbing. The inherent risks of climbing are those that are normal or natural to that activity and cannot be eliminated with changing the primary nature of the activity. Participants in the Activities of Vertical Horizons Climbing Gym will be exposed to, among others, the following risks: climbing, descending, belaying, falling and/or jumping from heights onto uneven, worn, or hard surfaces; striking and being struck by objects, people, and gear; rope abrasion, entanglements; defects in roped and un-roped climbing and bouldering surfaces, including loose and spinning handholds; equipment failure, including auto- and other belay systems, harnesses and knot; improper fitting of harnesses and fastening of buckles; the conduct, including the negligence (but not including gross negligence or intentional misconduct), of gym staff and the negligence, gross negligence, or intentional misconduct of other participants; failure to follow instructions of the gym’s staff or failure to ask for information or assistance; physical exertion; cuts, bruises, muscle and tendon strain; physical or emotional injury, paralysis, concussions, and even death, or other damage to myself, to property, or the third parties. These and other risks and hazards are inherent in the Activities of Vertical Horizons Climbing gym. Without these risks, the Activities would lose their value and appeal.
- I, and any minor for whom I sign, acknowledge that climbing instruction received from Vertical Horizons Climbing Gym is general in nature and may not apply to all climbing conditions.
- I am capable of examining and assessing my, or minor participant’s, own equipment brought to Vertical Horizons climbing gym and declare it is in good condition for use. I understand that Vertical Horizons is not liable for any lost or stolen equipment or personal items brought to the gym.
- I confirm that I am, and any minor participant, is physically and mentally capable of participating in all Vertical Horizons Climbing Gym activities without being a danger to ourselves or to others.
- I have read and agree to abide by the rules listed above on this waiver as well as other rules that may be posted throughout the facilities.
- I authorize Vertical Horizons, LLC to take and use my, or any minor Participant for whom I sign below, name and likeness, for promotional materials, brochures, or /and websites.
- I do hereby release, indemnify, hold harmless, and covenant not to sue Vertical Horizons, LLC d/b/a Vertical Horizons Climbing Gym and its employees, members, managers, managing members, Board of Managers, and all affiliates from any harm caused to myself or my minor child while participating in any activities at Vertical Horizons, including harm caused by negligence of the identified persons or entities.
- I further agree that if the climber is a minor child that I will personally supervise the minor child and do hereby release, indemnify, hold harmless, and covenant not to sue Vertical Horizons, LLC d/b/a Vertical Horizons Climbing Gym and its employees, members, managers, managing members, Board of Managers, and all affiliates from any harm caused to my minor child while participating in any activities at Vertical Horizons, including harm caused by negligence of the identified persons or entities.
- Any duplication in indemnities, releases, and covenants not to sue are cumulative and do not reduce the indemnities, releases, and covenants not to sue included throughout this Agreement.
I agree, on behalf of myself, or on behalf of any minor children for whom I have signed this Agreement, to authorize any medical treatment deemed necessary by Vertical Horizons or third party emergency medical personnel, in the event of any medical emergency, including injury or illness, while participating in the use of Vertical Horizons equipment or facility. I agree to pay all costs associated with such actions on the part of Vertical Horizons and to indemnify and hold Released parties harmless from any loss arising from such assessment and care, including transportation.
ASSUMPTION OF RISKS:
I understand that no amount of care, caution, instruction or expertise can eliminate the inherent dangers associated with these and other activities. I assume all the risks of the Activities of Vertical Horizons Climbing Gym, known or unknown, inherent or not, and whether or not described above. My, and (if applicable) any minor participant’s, participation is purely voluntary and in spite of the risks.
RELEASE OF LIABILITY AND INDEMNITY:
I, an adult Participant, for myself, and, to the maximum extent allowed by law, on behalf of any minor participant for whom I am parent or legal guardian, agree to waive any and all claims against and to defend and hold harmless, release, discharge, indemnify (that is, defend and pay, including costs, attorneys fees and insurance deductibles) and agree not to sue Vertical Horizons, LLC: and any of its members, officers, directors, employees, agents, representatives, sponsors, independent contractors, equipment manufacturers, and suppliers(collectively the “released parties”), with respect to any and all loss, liability, damages, actions, claims, expenses, costs, attorneys’ fees, and insurance deductibles, known or unknown, suffered or caused by me or the minor participant, relating to or arising from my, or the minor participants, visit to Vertical Horizons, LLC d/b/a Vertical Horizons Climbing Gym, or any Activity, occurrence or event involving Vertical Horizons, LLC or and of the Released parties.
This Agreement of Release and Indemnity includes claims based on a Release Party’s alleged or actual negligence (but not gross negligence or intentionally wrongful conduct) or breach of any contract or express or implied warranty or breach of any statutory or other duty of care.
VENUE AND JURISDICTION
The laws of The State of Arkansas shall govern the rights and obligations of the parties to this Agreement and interpretation, construction, and enforceability thereof. I agree that any lawsuit brought by or against Vertical Horizons, LLC d/b/a Vertical Horizons Climbing Gym for any claim whatsoever (whether arising in tort, breach of other duty, breach of contract, or by reason of any other cause of action) shall be brought and maintained solely in the Fort Smith District of the Circuit Court of Sebastian County, Arkansas. Both Vertical Horizons and the undersigned waive any right to file this matter in, or remove it to, any United States District Court or to seek transfer of this matter to another venue on the basis that the forum is inconvenient.
This Agreement shall continue in effect with respect to this and all future visits to Vertical Horizons Climbing Gym and participation in their Activities, provided, however, that modifications or other agreements might be required in the future for application to participation thereafter.
READING AND UNDERSTANDING: THIS IS A LEGALLY BINDING CONTRACT
I, and any minor for whom I sign, have carefully read, understand, and voluntarily sign this Agreement, and have had the opportunity to ask questions, and fully understand its contents and implications. I, and any minor for whom I sign, intend for it to apply to the fullest extent allowed by law, and to be binding upon members of me, or the minor participant’s, family, and to our respective heirs, assigns, and administrators. If a court of competent jurisdiction finds any portion of this Agreement to be invalid, the remaining portions shall survive and continue in full force and effect.
REPRESENTATIONS OF PARENT, IF APPLICABLE
By signing on behalf of any minor Participant, I represent that I am the parent or legal guardian of that minor participant and acknowledge that such minor participant is bound by all the terms of this Agreement to the maximum extent allowed by law. I understand that a minor participant would not be permitted to participate in any of the activities unless I agree to the terms of this Agreement. By signing this Agreement, I represent, under penalty of fraud, that I am an adult (at least 18 years of age) and the parent or legal guardian of any minor participant for whom I sign below. If I misrepresent my age, or my identity as a parent or legal guardian, I understand that I will be deemed a forger, and that I, or the person(s) whose visit is facilitated by my misrepresentation, will be a trespasser on the premises, and that I will be required to indemnify Vertical Horizons, LLC from any claim of loss caused by or suffered by me the trespasser.
SEVERABILITY AND CHOICE OF LAW
In the event that any part, paragraph, or other portion of this Agreement is held to be invalid, inoperable, or unlawful, the remainder shall be severable, valid, and effective as if such invalid, inoperable, or unlawful part, paragraph, or other portion was not included herein.
This Agreement shall be construed in accordance with the laws and statutes of the State of Arkansas without regard to its conflicts of laws principles.
Date: June 1, 2023