User Terms and Conditions
1. Teton Rock Gym, LLC. and any of its employees, directors, officers, agents, representatives, or assigns (hereinafter “Teton Rock Gym”) reserves the right in its sole discretion to refuse entry, or to remove the participant named above, including his/her Guest (“Participant”) from Teton Rock Gym’s property (the “Facility”) or from participation in any activity organized by Teton Rock Gym outside of the Facility, including but not limited to portable wall climbing or guided instruction in the outdoors (hereinafter “Outside Activities”) for any reason whatsoever. Any such refusal of entry or removal by Teton Rock Gym shall be in its sole discretion.
2. Teton Rock Gym shall not be responsible for the safekeeping, loss, theft or damage of any Participant’s property or the property of any Guest of Participant that is brought into the Facility or brought on any Outside Activity.
3. Participant shall comply with and observe all rules and regulations of Teton Rock Gym and the terms and conditions of this Agreement at all times and shall assure that his/her Guest(s) complies with and observes the same.
4. Should Participant or his/her Guest(s) damage or break any of Teton Rock Gym’’s equipment or property, Participant shall be liable for the reasonable cost of necessary repairs or replacements to such equipment or property.
5. Teton Rock Gym is authorized by the Participant to use, store or transfer, as Teton Rock Gym may consider necessary, the Participant’s personal information, for any and all purposes in connection with the Facility and services provided by Teton Rock Gym and/or for the purpose of promoting, improving and furthering the interests of Teton Rock Gym. Participant acknowledges this may include posting their photos and/or names online, and/or in publications.
6. Any delay or failure by Teton Rock Gym to exercise its rights and/or remedies under this Agreement does not constitute a waiver of any of such right or remedy.
7. The terms and conditions herein (as amended from time to time) constitutes the entire agreement between the Participant and Teton Rock Gym (other than Teton Rock Gym’s Membership Agreement if Participant is a Member) regarding the Participant’s use of the Facility and supersedes all previous agreements, understandings and arrangements, written or oral, between the Participant and Teton Rock Gym in relation to such matters.
8. In the event of an emergency, Teton Rock Gym is authorized to notify the person(s) listed under Participant’s emergency contact information.
Teton Rock Gym Liability Waiver
I (Participant) understand that roped climbing, bouldering, weight lifting, cardiovascular training, yoga, massage, slacklining, aerial silk, ninja obstacle course use, and other activities now available or that may become available at the Facility in their various forms, as well as preparation for participation in, coaching or spotting, volunteering, and all other aspects involved with these activities (“collectively referred to hereinafter as “Activities”) are inherently dangerous activities involving many RISKS, DANGERS, AND HAZARDS. These risks, dangers and hazards include, but are not limited to, falling, collisions with objects, people or structures, being struck by other participants or objects, loose holds or other equipment failure, the actions of other participants including negligence or inexperience of the Participant’s partner(s), overuse injuries, the aggravation of preexisting conditions, or other foreseeable or unforeseeable events or circumstances. I understand that INJURIES OF ALL TYPES ARE A COMMON AND ORDINARY OCCURANCE of the Activities. I know that the risk of SEVERE INJURY and even DEATH exists in the participation of the Activities. I also understand that maintenance of the Facility and equipment, training, coaching, instruction, supervision, enforcement or lack thereof of any rules or regulations, route setting, or any added safety measures (hereinafter “Associated Activities”) by Teton Rock Gym, its subsidiaries, affiliates, officers, directors, employees, volunteers, agents, coaches, instructors, contractors, representatives, competition organizers and sponsors, and equipment providers do not and cannot guarantee my safety.
I (Participant) hereby represent that I am fit and suffer from no adverse health condition or effect that would limit my ability to participate in any Activities offered by Teton Rock Gym.
I (Participant) hereby represent that any of my own equipment that I use at the Facility is safe and in no way shall Teton Rock Gym be liable for any damages caused to myself or a third party for any failure of any such equipment.
I (Participant) hereby represent that I have conducted a thorough visual inspection of the Facility and equipment I will be using and I am aware of any potential hazards associated with the Facility and/or such equipment.
With full knowledge and understanding of the RISK OF SEVERE INJURY AND DEATH involved in the Activities and the Associated Activities, I FREELY AND VOLUNTARILY ACCEPT AND FULLY ASSUME THE RISK THAT I MAY SUFFER
In consideration of Teton Rock Gym’s acceptance of my membership application or day use of the Facility, and in spite of the risk of severe or permanent injury or even death, the undersigned agrees as follows:
1. I (Participant) hereby unconditionally WAIVE AND RELEASE ANY AND ALL CLAIMS AND CAUSES OF ACTION OF ANY KIND OR NATURE AGAINST Teton Rock Gym, AND ANY MANUFACTURERS OR DISTRIBUTORS OF EQUIPMENT USED BY Teton Rock Gym, RELATED IN ANY WAY TO THE ACTIVITIES OR THE ASSOCIATED ACTIVITIES. THIS WAIVER AND RELEASE INCLUDES BUT IS NOT LIMITED TO ANY SUCH CLAIMS OR CAUSES OF ACTION, present or future, related to injury or damage to Participant, his/her property, or to any other person or property, for any loss, damage, expense or injury (including DEATH) suffered by any person from or in connection with Participant engaging in any Activities and from Associated Activities, due to any cause whatsoever, INCLUDING NEGLIGENCE and/or breach of express or implied warranty on the part of Teton Rock Gym.
2. Participant agrees to hold harmless, defend and indemnify Teton Rock Gym from any claim or action, present or future, related to injury or damage to Participant, his/her property, or to any other person or property, for any loss, damage, expense or injury (including DEATH) suffered by any person from or in connection with Participant’s participation in any Activities and from Associated Activities, due to any cause whatsoever including negligence and/or breach of express or implied warranty on the part of Teton Rock Gym.
3. Participant hereby RELIEVES Teton Rock Gym OF ANY DUTY TO PROTECT PARTICIPANT FROM HARM in connection with any Activities, Outside Activities or Associated Activities in which Teton Rock Gym is involved in any way.
4. In the event Participant does suffer any type of damages or injury, Participant shall notify Teton Rock Gym immediately of any such occurrence or cause.
5. Participant authorizes Teton Rock Gym to stabilize, obtain medical care for, or transport him/her to a medical facility or hospital if, in the opinion of Teton Rock Gym medical attention is required and Participant is unable to make such decisions for himself/herself. Participant agrees to pay all costs associated with such medical care and related transportation and shall DEFEND, INDEMNIFY AND HOLD HARMLESS Teton Rock Gym of and from the consequences of such decision and from any such costs incurred relating to the provision of medical care. Participant also authorizes disclosure of any protected medical information in the possession of Teton Rock Gym that is necessary to provide, coordinate or manage members healthcare consistent with the dictates of HIPAA and to the extent that such use or disclosure is required by law.
6. This Liability Waiver shall continue in effect in perpetuity so that each time Participant or Member uses the Facility or participates in any Outside Activities from the date this waiver is signed forward he/she shall be bound by the terms and conditions herein.
7. If any provision of this Agreement or the application of any such provision to any person or circumstance is held invalid, the remainder of this Agreement, and the application of such provision other than to the extent it is held invalid, will not be invalidated or affected thereby.
8. This Participant and Liability Waiver Agreement shall be governed by Idaho law, without regard to conflicts of laws principles. In addition, Participant or Member agrees that jurisdiction and venue for any action or claims arising out of or relating to this Agreement shall be in the United States District Court for the District of Idaho located in Boise, Idaho or in the Fourth District Court of the State of Idaho.
HAVING CAREFULLY READ THE FOREGOING AND UNDERSTANDING IT TO BE A LEGALLY BINDING RELEASE AND INDEMNITY AGREEMENT, PARTICIPANT SIGNIFIES HIS ASSENT TO THE ABOVE TERMS BY SIGNING BELOW: