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SALIDA BOULDERS LLC

Visitor Agreement

**THIS AGREEMENT INCLUDES AN ACKNOWLEDGEMENT OF ASSUMPTION OF INHERENT RISKS, AN AGREEMENT TO WAIVE CLAIMS AND TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND TO NOT SUE, AND A COVID-19 WAIVER.**

WARNING! THIS IS A LEGALLY BINDING AGREEMENT!

BY SIGNING THIS VISITOR AGREEMENT, YOU AGREE TO WAIVE ANY AND ALL CLAIMS AGAINST AND TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND AGREE NOT TO SUE (THE “RELEASE”) SALIDA BOULDERS LLC, SALIDA BOULDER LLC’S LANDLORD, THE DESIGNERS, INDEPENDENT CONTRACTORS, MANUFACTURERS AND INSTALLERS OF THE FACILITIES, BOULDERING WALLS AND EQUIPMENT, AND EACH OF THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS IN INTEREST, AGENTS, EMPLOYEES, VOLUNTEERS, REPRESENTATIVES, ASSIGNEES, OWNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, TRUSTEES, AND INSURANCE COMPANIES (THE “RELEASEES”).

THIS RELEASE APPLIES TO ANY AND ALL ACTIVITIES THAT MAY TAKE PLACE AT SALIDA BOULDERS LLC, INCLUDING WITHOUT LIMIT BOULDERING, TRAINING, USE OF THE FACILITIES, BOULDERING WALLS AND EQUIPMENT, OR OBSERVATION. THIS AGREEMENT IS BINDING ON YOU, YOUR HEIRS, NEXT OF KIN, ASSIGNS, AND PERSONAL REPRESENTATIVES.

ANY AND ALL MINORS UNDER THE AGE OF 18 WILL REQUIRE A PARENT OR LEGAL GUARDIAN TO SIGN THIS VISITOR AGREEMENT IN ORDER TO PARTICIPATE IN ANY ACTIVITIES AT SALIDA BOULDERS LLC.

ASSUMPTION OF RISK

CLIMBING AND BOULDERING ARE INHERENTLY DANGEROUS!

I ACKNOWLEDGE AND ASSUME THE RISKS OF BOULDERING AND OTHER ACTIVITIES THAT MAY TAKE PLACE AT SALIDA BOULDERS LLC, INCLUDING USE OF THE FACILITIES, BOULDERING WALLS AND EQUIPMENT AT SALIDA BOULDERS LLC (THE “ACTIVITIES”).

The risks (the “Risks”) may include by way of example, but are not limited to:

  • Injury or death as a result of use of the facilities, bouldering walls or equipment at Salida Boulders LLC.
  • Injury or death as a result of slips, trips, falls, and/or the physical demands associated with use of the facilities, bouldering walls and/or equipment at Salida Boulders LLC.
  • Injury or death as a result of falls of other persons who may come into contact with you or you with them.
  • Injury or death as a result of you coming into contact with items left on landing surface areas.
  • Injury or death as a result of the failure of hand or foot holds, landing surfaces or their curbs, or any other part of any climbing structure.
  • Injury or death resulting from the negligence of Salida Boulders LLC owners, operators, employees, or volunteers, the negligence of other climbers, visitors or persons present at Salida Boulders LLC, the negligence of the designers, manufacturers or installers of the facilities, bouldering walls or equipment, or the negligence of Salida Boulders LLC’s landlord.
  1. I Acknowledge, agree, and represent that I understand the nature of the Activities and the Risks associated with those Activities.
     
  2. I hereby represent that I am in good health and in proper physical condition to participate in the Activities.
     
  3. I understand that the description and list of Risks in this Visitor Agreement are not complete.

I FREELY AND VOLUNTARILY ASSUME COMPLETE RESPONSIBILITY FOR THE RISKS and for injuries that may occur as a result of said Risks, even if injuries occur in a manner not foreseeable at the time I sign this Agreement. I realize that by voluntarily assuming the Risks involved in participating in the Activities, I am solely responsible for any injury, loss or damage I sustain, including personal injuries to me, damage to my property, or damage arising out of my death.


WAIVER, RELEASE, HOLD HARMLESS, AND INDEMNIFICATION

IN CONSIDERATION FOR BEING ALLOWED TO ENTER THE PREMISES OF SALIDA BOULDERS LLC OR TO PARTICIPATE IN ANY OF THE ACTIVITIES, I AGREE TO WAIVE ANY AND ALL CLAIMS AGAINST AND TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND AGREE NOT TO SUE THE RELEASEES FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES RELATED IN ANY WAY TO THE RISKS OR THE ACTIVITIES.

  1. I agree to pay all costs and attorneys’ fees incurred by any Releasee in defending a claim or suit brought by me or on my behalf. I understand that this Waiver will apply each and every time that I enter the premises of Salida Boulders LLC or engage in any Activity.
     
  2. I further agree that in consideration for being allowed to participate in the activity, I release and give up any and all claims and rights that I may now have against any releasee and understand this releases all claims, including those of which I am not aware, those not mentioned in this release and those resulting from anything which has happened up to now.

I AGREE TO WAIVE ANY AND ALL CLAIMS against and to hold harmless, release, indemnify, and agree not to sue the Releasees from all liability, claims, demands, losses, or damages related in any way to the risks or the activities.


COVID-19 WAIVER

I ACKNOWLEDGE THE CONTAGIOUS NATURE OF THE COVID-19 VIRUS, AND I FURTHER ACKNOWLEDGE THAT NO GUARANTEE EXISTS REGARDING WHETHER OR NOT I MAY CONTRACT COVID-19.

I understand that the risk of becoming exposed to and/or infected by the COVID-19 virus may result from the actions, omissions, or negligence of me and others, including, but not limited to, any of the Releasees. I acknowledge that my risk of exposure to COVID-19 is increased by participating in the Activities. I acknowledge that I must comply with all procedures established by Salida Boulders LLC to reduce the spread of COVID-19 while participating in any Activity. By participating in any Activity, I acknowledge that I am comfortable with the COVID-19-related measures taken by Salida Boulders LLC. If at any time I am not comfortable with COVID-19 safety measures, including implementation of such measures, I will cease my participation in the Activity.

I agree that I will not enter the Salida Boulders LLC premises nor participate in any if:

  • I am experiencing any symptom of illness such as cough, shortness of breath, difficulty breathing, fever, chills, muscle pain, headache, sore throat, or new loss of taste or smell.
  • I have traveled internationally within the last 14 days.
  • I have traveled to a highly impacted area within the United States in the last 14 days.
  • I believe I have been exposed to someone with a suspected and/or confirmed case of COVID-19.
  • I or anybody in my household has been diagnosed with Coronavirus/COVID-19.

I hereby release and agree to hold all Releasees harmless from any causes of action, claims, demands, damages, costs, expenses and compensation for damage to me, or anybody potentially exposed to me that may be caused by exposure to COVID-19, including any bodily injury, illness, death, or medical treatment. This liability waiver and release extends to all Releasees.


I understand that this Visitor Agreement will apply every time I am on the premises or participate in the Activities of Salida Boulders LLC. I agree that this Visitor Agreement is a contract which will be enforced to the fullest extent allowed by law and will be binding on me, my assignees, subrogors, heirs, assigns, executors, and personal representatives. If any part of this Visitor Agreement is deemed to be unenforceable, the remaining terms shall be enforceable.

I HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND AND AGREE TO BE BOUND BY ITS TERMS. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT, AND I HAVE SIGNED THIS AGREEMENT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE.

THIS VISITOR AGREEMENT IS VALID FOR ONE YEAR UPON SIGNING, OR UNTIL IT IS CANCELLED OR MODIFIED BY WRITTEN AGREEMENT.

*The responsible adult must confirm that he or she has the authority to enter this Agreement on behalf of the minor

Dated: May 7, 2024

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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