PLEASE READ CAREFULLY BEFORE SIGNING
THIS DOCUMENT MUST BE SIGNED BY AN ADULT OF AT LEAST 18 YEARS OF AGE
This Visitor Agreement (the “Agreement”) must be signed by all adult (eighteen years and older) Visitors to climbing gyms owned, operated, or managed by Stone Co. Boulders LLC, a Texas limited liability company, doing business as Stone Co. Climbing (the “Gym”). “Visitors” in this Agreement means persons who are engaged in the Activities of the Gym, observing or assisting the Activities of others, or are otherwise in, on or moving about the premises of the Gym. “Gym” as used in this Agreement includes the Gym itself, its facilities and adjacent areas including its lawn and parking lot, and other activity sites. If the Visitor is a minor, at least one parent or legal (court-appointed) guardian (either, “Parent”) must sign below, as evidence of their agreement to these terms and conditions, for themselves and, to the maximum extent allowed by law, on behalf of a minor Visitor for whom they sign. This Agreement may be signed by or on behalf of more than one Visitor. If a minor is accompanied to the Gym by a Parent, the Parent shall sign below on behalf of himself/herself as an adult Visitor and, by that signature, agree also, as required, on behalf of the minor Visitor(s) identified in this Agreement. If you are not the minor’s Parent, then you may not sign this Agreement on their behalf.
In consideration of being allowed on the premises of the Gym I, an adult Visitor and/or Parent of a minor Visitor (for myself and on behalf of that minor Visitor), acknowledge and agree as follows:
1. Activities. Activities of the Gym (“Activities”) include, but are not limited to, the following: climbing, the use of bouldering structures, bouldering areas and related equipment; the use of weights, cardio and other training and fitness equipment; participation in special activities or events including gear demonstrations, parties, social events, and clinics; participation in yoga and other fitness classes, personal training, group training, camps and classes; the rental or borrowing of equipment from the Gym; consuming food, drinks (including alcoholic); moving about the Gym and outside areas including parking lots; and other activities and use of facilities and equipment at the Gym. A Visitor under the age of thirteen must be accompanied by a responsible adult, who must inform the minor of Gym rules and warnings, and be immediately available to assist the minor in managing the risks of Activities. Visitors who have consumed alcohol at the Gym, or prior to visiting the Gym, are not allowed to climb, use weights, other fitness equipment, participate in yoga or fitness classes, or otherwise engage in physical activities at the Gym.
2. Risks. I recognize and understand that there are risks, hazards and dangers in the Activities which could result in losses and injuries of all kinds, including damage to property, physical injury, illness, permanent disability, trauma or death. Visitors must not assume that they are being supervised or even observed by Gym staff. Visitors are responsible for their own safety and welfare and, if a visiting Parent or other responsible adult, for the safety and welfare of the minor Visitor who accompanies them. The risks involved in Activities include but are not limited to: parking and moving about parking and other areas of the Gym and its exterior; consuming compromised food or drinks, or food or drinks to which I may have an allergy; falling from any height, collisions with and being struck by objects, people or structures; falling onto uneven, worn or hard surfaces, including defective, worn, uneven, broken, separated or additional flooring or pads; equipment failure even if the equipment is properly used; failure of any part or all of the equipment or structures in the Gym, including bouldering structures, holds, rental equipment, flooring systems, and training and fitness equipment; misuse of equipment; and the conduct, including negligent conduct, of other Visitors or staff or independent contractors. Independent contractors may conduct certain Activities, including, but not limited to, yoga classes, fitness classes, and personal training. These and other risks are inherent in a visit to the Gym; that is, they cannot be eliminated without changing the nature of the visit and participation in Activities. Participation in Activities is voluntary and Visitors may withdraw from participation at any time.
COVID-19: The threat of the COVID-19 virus (Coronavirus, “the virus”) requires a heightened awareness of the disease and preventative measures to reduce the chances of infection of visitors and staff. All visitors must read carefully, understand and comply with the gym’s COVID Customer Policies, attached hereto and requiring a separate signature of or on behalf of the visitor. Visitors must ask questions if they are not clear about preventative measures required by the Policies. Visitors 1) must be free of infection and circumstances (including recent travel and exposure to others) which might indicate the possibility of infection, 2) frequently sanitize hands and equipment 3) minimize close personal contact with others, 4) immediately report to staff any condition or conduct which might indicate the presence of or contribute to the spread of the virus, or any other communicable disease.
3. Assumption of Risks. Understanding that the Activities expose me (or the minor) to a high risk of injury or other loss, I knowingly and voluntarily assume and accept all risks of those Activities, inherent and otherwise, known or unknown, and whether or not described above. If the Visitor is a minor, I have explained the activities and risks to him or her, and the minor wishes to participate in the Activities nevertheless.
4. RELEASE OF LIABILITY AND INDEMNIFICATION. I, AN ADULT VISITOR AND/OR PARENT OR GUARDIAN OF A VISITOR WHO IS A MINOR (FOR MYSELF AND AS PARENT OR GUARDIAN, TO THE MAXIMUM EXTENT ALLOWED BY LAW, ON BEHALF OF THE MINOR) AGREE NOT TO SUE, AND TO RELEASE, DISCHARGE, HOLD HARMLESS, NOT HOLD LIABLE, AND INDEMNIFY (THAT IS, DEFEND AND PAY, INCLUDING COSTS, ATTORNEYS FEES AND INSURANCE DEDUCTIBLES) STONE CO. BOULDERS LLC, STONE CO. HOLDINGS LLC, VERTICAL SOLUTIONS, LLC, INDEPENDENT CONTRACTORS PROVIDING SERVICES AS PART OF ACTIVITIES AT THE GYM, THE OWNERS AND OPERATORS OF THE PROPERTIES ON WHICH ACTIVITIES ARE CONDUCTED, AND THE RESPECTIVE SUBSIDIARIES, OWNERS, OFFICERS, DIRECTORS, MEMBERS, AGENTS, AND EMPLOYEES OF THESE ENTITIES (COLLECTIVELY, THE “RELEASED PARTIES”, INDIVIDUALLY, A “RELEASED PARTY”)) WITH RESPECT TO ANY DAMAGES, CLAIMS, ACTIONS, LIABILITY, OR CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO MY OR THE MINOR CHILD’S VISIT TO THE GYM, USE OF ITS FACILITIES AND EQUIPMENT, AND PARTICIPATION IN THE ACTIVITIES OF THE GYM. THESE AGREEMENTS OF RELEASE AND INDEMNITY INCLUDE CLAIMS OF NEGLIGENCE (BUT NOT GROSS NEGLIGENCE OR INTENTIONALLY WRONGFUL CONDUCT) AND STRICT LIABILITY OF A RELEASED PARTY. I AGREE TO THIS RELEASE OF LIABILITY AND INDEMNIFICATION REGARDLESS OF THE SOLE, JOINT, OR CONCURRENT NEGLIGENCE, NEGLIGENCE PER SE, GROSS NEGLIGENCE, STRICT LIABILITY, REGULATORY OR STATUTORY LIABILITY, TORT THEORY, ACT, OMISSION, FAULT, OR FAILURE TO ACT BY THE RELEASED PARTIES WHILE I AM AT THE GYM FOR ANY REASON.
THESE AGREEMENTS OF RELEASE AND INDEMNITY INCLUDE LOSS, DAMAGE OR EXPENSE CLAIMED TO HAVE BEEN CAUSED IN WHOLE OR IN PART BY MY OR THE MINOR VISITOR’S BECOMING INFECTED BY, OR INFECTING OTHERS WITH, A COMMUNICABLE DISEASE, INCLUDING COVID-19. THE AGREEMENTS INCLUDE CLAIMS OF NEGLIGENCE OF RELASED PARTY AND STRICT LIABILITY, BUT NOT GROSS NEGLIGENCE OR INTENTIONALLY WRONGFUL CONDUCT.
5. Other Provisions.
a) I agree that I or the minor have no physical limitations or medical conditions that would impair my or the minor’s ability to safely use the Gym or participate in the Activities without causing harm to ourselves or others.
b) I understand that in order to participate in Activities I, for myself or for the minor Visitor of whom I am Parent, must sign this Agreement; I, and/or the minor, must complete whatever instructional and/or orientation program the Gym requires for the particular activity; and I, or the minor, must read and abide by the Gym Rules and Regulations (as set forth below and amended from time to time).
c) The Gym is not responsible for lost, stolen, or damaged personal property of Visitors while Visitors are at the Gym.
d) The Gym does not have medical personnel or treatment available to Visitors. In the event of an accident, I authorize Gym staff to obtain medical care, including transportation to a medical facility, for me or the minor Visitor if, in the opinion of the Gym (including its staff), medical care is needed and I am unable to make such decisions for myself or the minor. I agree to pay all costs associated with such actions on the part of the Gym (including its staff) and to indemnify and hold harmless the Released Parties from any consequences of such care.
e) Gym staff is hereby authorized to take photos and video of me or the minor in connection with participation in Activities and has my permission to use my, or the minor’s, name and likeness, without compensation, for marketing and other promotional purposes.
f) I understand that this Agreement shall apply to my, and/or the minor’s, visits to the Gym on this date and hereafter unless and until it is replaced or modified by a new agreement between the parties to this Agreement. Such new agreement shall apply only to visits thereafter and shall not affect rights and obligations arising from prior visits, under this Agreement.
g) This Agreement constitutes the complete and sole agreement between me (the minor Visitor, if applicable) and the Released Parties. Evidence of any other agreements, whether oral or in writing, are void and inadmissible and unenforceable in a court of law, arbitration or other dispute resolution proceeding. If any portion of this Agreement is held invalid, the remaining portions shall survive and continue in full force and effect.
h) Any dispute between an adult or minor Visitor and a Released Party arising from this Agreement or relating in any way to a visit to the Gym shall be submitted to binding arbitration according to and administered by the American Arbitration Association. The arbitration will be governed by the substantive laws of the State of Texas, not including the Texas Arbitration Act or the laws of the State of Texas which may apply the laws of another jurisdiction. The arbitration will be conducted in Brazos county, Texas, or elsewhere as the parties may agree. VISITOR ON BEHALF OF HIMSELF/HERSELF AND/OR MINOR VISITOR, WAIVES THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, ELECTING INSTEAD TO RESOLVE ANY AND ALL DISPUTES BY BINDING ARBITRATION.
i) This Agreement does not constitute a waiver by the Gym its parent company, affiliates, officers, agents, and employees, or the family members of its parent company, affiliates, officers, agents, and employees of any immunity or any other defenses provided by applicable law.
j) I am legally competent to sign this Agreement, and I understand that I have the right to consult counsel prior to signing this Agreement.
k) This Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Texas.
i) I understand that if I misrepresent my age or relationship with a minor Visitor or my, or the minor’s, mental or physical condition, I, or the minor for whom I purport to sign, will, in the event of a loss suffered, be considered a forger and a trespasser, and entitled to no more than the rights of a trespasser on the premises of the Gym or other activity site; and I agree to release, not to sue, and to protect, hold harmless and indemnify the Released Parties with respect to losses suffered by, or caused by, me or the child as provided above.
I HAVE CAREFULLY READ, UNDERSTAND, AND VOLUNTARILY SIGN THIS AGREEMENT. I understand that by executing this Agreement I have given up substantial rights, and I am aware of the legal consequences of entering this Agreement. I am aware that this is a release of liability and a contract between myself and the Gym, and I have signed it freely and voluntarily, without inducement, assurance, or guarantee being made to me and intend my signature to be a complete and unconditional legal release of all liability to the greatest extent allowed by law. I further agree that this is a permanent liability release waiver and discharge of me, my heirs, executors, administrators, personal representatives, next of kin, and assigns, and an indemnity agreement. It shall be considered a continuing release of liability, assumption of risk, and indemnity agreement, effective for current and all future visits to the Gym.
Stone Co. Climbing Gym: Rules and Regulations
Climbing is an inherently dangerous activity. When you or minors under your supervision participate in any Activities at the Gym, you voluntarily assume all risks associated with climbing and other Activities. These rules are intended to help minimize these risks and enhance the use and enjoyment of the Gym for all Visitors.
On behalf of myself and/or the minor Visitor for whom I am the Parent/Legal Guardian, I agree to the following rules:
Upon entering the Gym, all Visitors must:
- Sign a waiver or have a valid waiver on file before leaving the front desk area or engaging in any Activities. All Visitors who fail to sign a waiver or have a valid waiver on file shall be considered trespassers at the Gym.
- Complete gym and climbing orientations during you and/or the minor’s first visit before climbing.
- Check in with the front desk staff at the beginning of each visit.
- Ensure personal climbing equipment is in good working condition.
- Visitors under the age of 13 must be supervised by an adult at all times.
Climbing Rules and Guidelines:
- Be aware of your surroundings. When climbing, be aware of fall zones, the location of other climbers and know who has the right of way. If you do not know the applicable fall zones or understand how to determine who has the right of way, ask Gym personnel before engaging in any climbing activities. When not actively climbing, do not stand, sit or rest in an area that could bring you in contact with or obstruct the climbing or falling of another climber.
- Exercise proper falling technique on all falls, even if you are down climbing or at a low height.
- Do not top-out on any climbs and do not climb any areas or structures that are not specifically designed/designated for climbing.
- Do not climb in or enter areas that are marked as off-limits or where route setting, cleaning or construction is occurring.
- Use proper climbing equipment at all times; do not climb barefoot or with non-climbing shoes.
- Exercise common sense for the safety of yourself and others, observe your physical and skill limitations, and ask for assistance if you are unsure how to do a certain activity.
- Notify Gym staff immediately if you see any unsafe activity, have any concerns, or have sustained or observed an injury.
Contribute to creating an enjoyable experience and community for all Visitors. Please refrain from inappropriate behavior, including but not limited to:
- Engaging in physical activities under the influence of alcohol or drugs.
- Smoking inside, including e-cigarettes.
- Discriminating towards others.
- Using inappropriate language, yelling, fighting or horseplay.
- Climbing or engaging in other Activities while topless or wearing excessively revealing clothing.
- Bringing pets into the building (excluding service animals).
- If you consume alcohol at the Gym or prior to visiting the Gym, you are prohibited from engaging in any physical activities, including climbing. Do not remove the wristband (or similar identification method) issued for consuming alcohol, the wristband is intended to identify Visitors who are no longer allowed to climb.
- Visitors are not allowed to consume more than three alcoholic beverages at the Gym.
- Listen to and follow all directions from Gym staff.
- Respect other Visitors.
- Take turns and share the available space with other Visitors.
- Avoid giving unsolicited instruction, touching or adjusting of other Visitors.
- Avoid making other Visitors feel uncomfortable.
- Use appropriate spotting technique.
- Avoid damaging equipment or facility (including throwing, clanging, dropping weights).
- Avoid being disruptive to the experience of other Visitors.
- Arrive before any classes in which you are participating begins.
The Gym reserves the right to alter, add, remove, or make exceptions to any of the Gym’s rules and regulations at any time. The Gym reserves the right to remove Visitors from the Gym or deny for a specified time, access to its facilities to any individual for breach of contract, not following staff direction or any conduct that may be viewed as inappropriate, unsafe or damaging for the individual, other guests, the Gym’s property or brand image, without refund or compensation.
October 6, 2022