Alta Climbing Gym, LLC (d/b/a Alta Climbing and Fitness) and Alta Boulders, LLC (hereafter referred to together as “Alta”) areis a multi-function facilityies that combines a climbing gym, a fitness facility, indoor cycle facility, and a yoga facility. ALTA provides a place to train for outdoor climbing projects, a place for kids to climb competitively, a place to climb with friends that offers everything on a modern climber’s wish list, a fitness facility, a yoga studio, and an indoor cycle studio.
- MINOR PARTICIPANT - a minor (below age 18) over whom the adult signing this document 1) has legal guardianship (including a parent) or 2) has assumed responsibility.
- RESPONSIBLE ADULT – a parent or legal guardian acting in place of and on behalf of said MINOR PARTICIPANT.
Inherent Risks: ALTA activities can range from moderate to vigorous; as with all such activities, there are inherent risks of injury. Inherent risks are those risks that cannot be eliminated without changing the nature of the activity. Some of the risks include, but are not limited to:
Climbing and Bouldering Risks: Physical demands associated with the use of ALTA climbing and bouldering walls; slips and falls; trips; landing awkwardly or in an unplanned manner on floor or padding (I understand that the padded flooring at ALTA will not prevent the foregoing risks); striking the wall, other participants, spotters, staff, or objects; rope abrasion or entanglement; equipment malfunction or failure; misuse of belay equipment, ropes, or other equipment; being struck by falling objects or persons.Fitness Facility Risks: being struck by falling weight; trying to lift too much; equipment failure or malfunction; over-exertion.
- Fitness Facility Risks: being struck by falling weight; trying to lift too much; equipment failure or malfunction; over-exertion.
- General Facility Risks: slips, falls or trips because of uneven pavement or flooring, or wet, icy or slippery surfaces.
- Yoga Risks: trying to push the body too far; overheating; use of poor techniques (e.g., locking knees).
- Human Error Risks: participant or co-participant erratic or negligent actions; participant failure to follow instructions; inadvertent inattentiveness of spotters, instructors, co-participants, and participant; incorrect techniques in use of ropes, slings, carabiners, belay devices, harnesses, and other equipment; errors in instructor judgment as to participant readiness to progress; errors by staff, participant or co-participant as to proper belay technique; error by participant or co-participant as to proper use or attachment of auto-belay equipment; instructor failure to adequately train spotters and assistants; judgment errors in emergency care; inadequate emergency training of personnel.
ALTA feels it is important that all participants (ADULT PARTICIPANT, MINOR PARTICIPANT and/or RESPONSIBLE ADULT) understand that three kinds of injuries can occur as the result of these inherent risks. The most common are minor injuries which include, but are not limited to: hand injuries (calluses, cuts, skin tears, pinches, and punctures); bruises/scrapes; rope burns; muscle strains; backaches, and headaches. Major injuries include, but are not limited to: broken bones; joint, ligament, and tendon injuries; internal injuries; concussions; back injuries; and eye injury. Catastrophic injuries, though very rare, include, but are not limited to: loss of vision or hearing; permanent disabilities, heart attack, stroke, paralysis, or death.
ASSUMPTION OF INHERENT RISKS: I have read the above warning regarding the nature of ALTA activities and some of their associated risks. I affirm that 1) I understand the demands of the ALTA activities relative to my physical condition and skill level, 2) I understand the types of injuries that may occur as a result of ALTA activities and I am not relying on ALTA to list all associated risks and 3) I understand their potential impact on my well-being, lifestyle, and potential future careers. I hereby assert that my participation is voluntary and that I knowingly assume all inherent risks, both known and unknown.
WAIVER OF LIABILITY: In consideration of permission for myself and/or MINOR PARTICIPANT to use the ALTA property, facilities, services and participate in ALTA activities, today and on all future dates, I, the ADULT PARTICIPANT, or MINOR PARTICIPANT and/or RESPONSIBLE ADULT, on behalf of myself, my spouse, my heirs, personal representatives, assigns, or others making a claim on behalf of myself or my MINOR PARTICIPANT (hereafter referred to as Releasing Parties) do hereby release, waive, discharge, and covenant not to sue ALTA, its owners, directors, officers, employees, members, lessors, lessees, volunteers, independent contractors, personal trainers, equipment providers, and agents, (hereafter referred to as Protected Parties) from liability from any and all claims arising from 1) the NEGLIGENCE of ALTA or other protected parties and/or arising from 2) the presence of myself and/or MINOR PARTICIPANT on the premises of ALTA.
This Assumption of Risk, Waiver of Liability and Indemnification Agreement applies to, but is not limited to, any/all of the following:
- Illnesses, personal injury (including permanent disability or death), and/or economic loss to the ADULT PARTICIPANT or MINOR PARTICIPANT and/or RESPONSIBLE ADULT arising from participation in ALTA activities (including, but not limited to, individual use of facility, instructional sessions, personal training; observation; and while on any ALTA premises (locker room; café; pro shop; administrative area; restrooms; equipment/maintenance areas; and sidewalks, steps, roadways and parking lots).
- Any and all claims resulting from the damage to, loss of, or theft of property.
- The release of ALTA from any claims and rights that I and/or MINOR PARTICIPANT 1) now have against ALTA and/or 2) may have in the future against ALTA.
INDEMNIFICATION AGREEMENT: I, the ADULT PARTICIPANT and/or RESPONSIBLE ADULT, agree to hold harmless, defend, and indemnify ALTA and Protected Parties (that is, defend and pay any judgment, loss, damages, liability, and costs, including investigation costs, attorney’s fees and related expenses)
- From any and all claims of the Releasing Parties arising from an injury or loss by myself or my MINOR PARTICIPANT due to our participation or presence at ALTA (including claims arising from the inherent risks of ALTA activities and from the NEGLIGENCE of ALTA, other participants, or Protected Parties,
- From any loss due to the conduct of myself or the named MINOR PARTICIPANT in the course of our presence at ALTA.
SPECIAL COVID-19 NOTICE/WAIVER.
I, the ADULT PARTICIPANT and/or RESPONSIBLE ADULT, agree as follows:
I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.
I further acknowledge that Alta has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.
I further acknowledge that Alta cannot guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Alta staff, and other participants of Alta and their families.
I voluntarily seek services provided by Alta Boulders, LLC and Alta Boulders, LLC and acknowledge that I or my MINOR PARTICIPANT are increasing my or their risk to exposure to the Coronavirus/COVID-19. I acknowledge that I or my MINOR PARTICIPANT must comply with all set procedures to reduce the spread while using the facility.
I attest, for myself and/or on behalf of my MINOR PARTICIPANT that:
- I or my MINOR PARTICIPANT am/is not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
- I or my MINOR PARTICIPANT am/is have not traveled internationally within the last 14 days.
- I or my MINOR PARTICIPANT am/is have not traveled to a highly impacted area within the United States of America in the last 14 days.
- I do not believe I or my MINOR PARTICIPANT have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
- I or my MINOR PARTICIPANT have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non contagious by state or local public health authorities.
- I or my MINOR PARTICIPANT am/is following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.
I hereby release and agree to hold Alta harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the salon, or that may otherwise arise in any way in connection with any services received from Alta. I understand that this release discharges Alta from any liability or claim that I, my heirs, or any personal representatives may have against Alta with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Alta. This liability waiver and release extends to all of Alta’s owners, partners, and employees.
In the event any dispute arises, I, the ADULT PARTICIPANT OR MINOR PARTICIPANT & PARENT/GUARDIAN, agree to engage in good faith efforts to mediate a settlement. Any agreement reached will be formalized by a written contractual agreement at that time. Should the issue not be resolved by mediation, I agree that all disputes, controversies, or claims arising out of my participation at ALTA shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect.
I also understand that if, in spite of the above clause, legal action is brought, either the appropriate trial court in Maricopa County, Arizona or The United States District Court for the District of Arizona has the sole and exclusive jurisdiction and that only the substantive laws of the State of Arizona shall apply.
I, the ADULT PARTICIPANT and/or the RESPONSIBLE ADULT, understand that this agreement between myself and ALTA cannot be modified or changed in any way by representations or statements by any agent or employee of ALTA.
I further expressly agree that the foregoing Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Arizona and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
As the ADULT PARTICIPANT and/or the RESPONSIBLE ADULT I certify that I or MINOR PARTICIPANT:
Am aware that ALTA encourages each participant to get medical clearance prior to participation.
Have no health problems that would increase the risk of injury during ALTA participation.
Give ALTA authority to secure help and/or administer emergency first aid, CPR, and use an AED when deemed necessary.
Give ALTA authority to secure emergency medical care/transportation and I agree to assume all costs of care and transportation.
Possess a sufficient level of skill and physical fitness for participation in ALTA activities.
Will inform ALTA of any injury (even minor injuries) prior to leaving the ALTA facility.
Media Release: ALTA has my permission to use any photographs, images, or likenesses taken of myself, and/or the MINOR PARTICIPANT in its marketing brochures, ads, videos, website, or other media, unless I provide written or e-mail notice to the contrary.
As the ADULT PARTICIPANT or MINOR PARTICIPANT, I:
- Agree to obey all rules and alert the staff to any rules violations or dangerous behavior of co-participants.
- Agree to attempt only activities that I feel capable of performing without increased risk of injury.
- Understand I am to cease activity immediately and inform staff if I feel any unusual discomfort or serious injury.
- Agree to obey all posted signs and stay out of prohibited areas.
- Acknowledge that ALTA has authority to end my participation if it presents a danger to myself and/or others.
ACKNOWLEGEMENT OF UNDERSTANDING: I, the ADULT PARTICIPANT, or MINOR PARTICIPANT and/or RESPONSIBLE ADULT, have read this Assumption of Risk, Waiver of Liability, and Indemnification Agreement and fully understand its terms. I understand that I am giving up substantial rights that might belong to me and/or the MINOR PARTICIPANT including:
- My right as an ADULT PARTICIPANT to recover damages for any loss I may suffer resulting from my injury or death resulting from participation at ALTA;
- My right as a RESPONSIBLE ADULT to recover damages for any loss I may suffer resulting from injury to or death of myself or my MINOR PARTICIPANT resulting from participation at ALTA; and
- The right of a MINOR PARTICIPANT to recover damages for any loss he/she might suffer from injury or death resulting from participation at ALTA.
I further acknowledge that I am signing the agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of ALTA and the other Protected Parties from all liability to myself, and/or the MINOR PARTICIPANT due to 1) negligence by ALTA and the other Protected Parties or to 2) the inherent risks of ALTA activities, to the greatest extent allowed by law in the State of Arizona.
Further, I, the RESPONSIBLE ADULT, assert that 1) I have explained the inherent risks to the MINOR PARTICIPANT; 2) he or she understands this Agreement; and 3) we knowingly accept and assume the inherent risks of ALTA activities.
Signed on January 24, 2022