VISITORS AGREEMENT

            (Including assumption of risks and agreements of release and indemnity)

Read this Agreement carefully.  It must be signed by all adult (eighteen years or older) visitors (Adult Visitor) or by the parent or legal (court appointed) guardian (either, “Parent”) of a visitor who is a minor (“Minor Visitor”, and, with adults, referred to as “Visitor”) to any of the gym facilities owned or operated by any of Armadillo Boulders, LLC or AB San Marcos, LLC, each a Texas limited liability company or any of their affiliated entities (collectively, “Gym”).  Gym may require verification of the signature of a Parent who does not accompany the Minor Visitor, by a copy of the Parent’s driver’s license or otherwise.

In consideration of the use of the premises (including parking areas), facilities and services of Gym, I, an Adult Visitor or Parent, for myself and, to the extent allowed by law, on behalf of the Minor Visitor, understand, acknowledge and agree as follows:

Activities: I understand that the activities offered by Gym include the following:  bouldering (a type of rock climbing that does not utilize ropes or harness to climb a wall with a height of usually less than twenty feet ), slacklining; independent and group exercising, including group fitness runs off premises, the use of exercise equipment,  and a variety of recreation, exercise and fitness classes, yoga, programs, teams, events and competitions; and otherwise moving about Gym’s premises, parking areas and other activity sites (“Activities” or “Gym Activities”). Bouldering participants will not use harnesses or ropes for fall protection.  No Visitor may boulder until he or she has been tested and determined to be qualified by staff to do so. Bouldering activities will not be belayed, spotted or otherwise managed by Gym, although a climber may choose to be spotted by another Visitor, at his or her own risk. Visitors share the responsibility for managing the risks of the activities, supervised or not, and must follow the Climbing Orientation and Gym Rules, set forth at the end of this Visitor Agreement, posted at the Gym, on the Gym website, or otherwise described by staff. Participants in Gym Activities must pay attention to the condition of holds and other equipment used by them and advise staff of any damage or other dangerous condition caused by them or observed by them.

While instruction and orientation will be provided for some Activities, and certain classes and programs may be attended by staff, Visitors should not assume that, except by special arrangement, they are being supervised or observed in their Activities, or, if they are, that staff will intervene for any purpose, including to address potentially dangerous conduct or conditions. Gym may from time to time use the services of independent contractors. Those contractors, and not Gym, are responsible for their acts or omissions, and disputes arising from their conduct must be resolved with the contractor, not Gym.

Risks: I understand that the Activities require moderate to heavy physical exertion and I represent that neither I, nor the Minor Visitor (if applicable), has any mental or physical condition that might create risks to ourselves or to others. I understand that climbing and other Activities of Gym are dangerous, and that Visitors will be exposed to risks (“Risks”) including, among others, the following:  (1) slips, falls, abrasions or collisions while using the facilities, climbing walls and boulders, floors, landing areas, entrances and exits, parking areas and moving to and from those areas, and other facilities or equipment; (2) misuse of equipment and facilities; (3) failure of hardware, equipment or gear, including but not limited to worn or defective safety equipment (for example, sections of flooring may move or become separated), ropes, slings, anchors, harnesses, fall protection materials and devices, climbing holds (holds on artificial climbing surfaces are a convenience, not a safety feature, and they can and do break, spin and drop);  (4) my, or the Minor Visitor’s, impaired or inadequate physical strength, coordination, sense of balance or ability to give or follow directions when climbing, or otherwise participating in Activities; (5) entanglement with ropes or equipment; (6) bad decision making by me or the Minor Visitor, including, if I am an Adult Visitor or Parent, while assisting the Minor Visitor in Activities; (7) falling climbers or dropped climbing hardware, wall components, and other items or personal effects: (8) risks ordinarily associated with running through city streets and other urban areas,  including often uncertain terrain and collisions with vehicles and pedestrians; (9) theft from and damage to parked vehicles; and (10)  the acts or omissions of other persons, including Gym staff, which might include inadequate or faulty instructions.

Gym offers certain items for rent, including but not limited to climbing shoes and chalk. Gym does not warrant, and specifically disclaims any warranty or representation, expressed or implied, of fitness, condition or otherwise, of rented items. I understand that Gym staff is not responsible for the condition of any equipment I bring to Gym, even if it is inspected by Gym staff and that it is my responsibility to continually inspect and maintain such equipment and follow manufacturers’ instructions.

While bouldering, Visitors can expect to fall, and falls from certain positions can result in serious injury regardless of floor covering and other fall protection strategies. Visitors must carefully assess their competencies, in climbing and falling, practice down-climbing as a preferred alternative to jumping, and increase climbing heights and complexity of moves thoughtfully.

The Risks described above and others are inherent to Gym, its Activities, facilities and premises; that is, they cannot be eliminated without destroying the basic nature and essence of a visit to Gym and participation in its Activities.

Assumption of Risks: I understand that the risks described above, and others, inherent or not, may result in all manner of trauma including breaks, sprains, abrasions, serious injury and even death. I acknowledge and voluntarily assume all such Risks, inherent and otherwise, known or unknown, whether or not described above. I will carefully read and comply with the Rules, warnings and instructional signage of Gym. If the Visitor is a Minor, I, Parent, have discussed the Rules of Gym, activities and risks with the Minor who understands them, will comply with them, and wishes to participate nevertheless.

Release of Liability and Indemnity: I, an Adult Visitor or Parent (for myself and to the extent allowed by the laws of the State of Texas on behalf of the Minor Visitor), agree not to sue, and to release, discharge, defend and indemnify (that is, to defend and pay or reimburse damages and costs, including attorneys’ fees and insurance deductibles), Armadillo Boulders, LLC, Enchilada Rock Gym LLC, Armadillo Boulders, LLC, AB San Marcos, LLC, ERG San Marcos, LLC, any of their affiliated entities, subsidiaries, parent corporations, lessees and owners of the properties on which Gym Activities are conducted and their respective owners, managers, directors, officers, staff, volunteers, and employees (“Released Parties”) with respect to any claim, including claims of products liability, related in any way to my, or the Minor Visitor’s, visit to Gym or participation in any Activities of or at Gym. These agreements of release and indemnity include loss or damage caused or claimed to be caused in whole or in part by the negligence, but not the intentional wrongs or gross negligence, of a Released Party.

Other:

1.      Climbing at Gym is not the same as climbing outdoors or on other artificial rock surfaces. I understand that any instruction I may receive at Gym or in connection with any Activity is not necessarily applicable to other real or artificial rock climbing and that such instruction does not prepare me to climb without supervision.

2.      Visitors are free to move about the premises, including parking areas, at their own risk. No Visitor is allowed in an activity area of Gym who is under the influence of alcohol or any other substance, or who, for any reason, might be a danger to themselves or to others.

3.      I understand that in order to participate in Gym Activities I, for myself or, if applicable, for the Minor Visitor, must sign this agreement; I, or the minor, must complete whatever instructional program Gym requires for the particular activity; and I, or the minor, must read and abide by the Gym Rules and Regulations.

4.      MEDICAL:  In the event of a medical emergency, I authorize Gym to stabilize, secure and obtain emergency medical care and treatment, including transportation to a medical facility, for me or the Minor Visitor, if, in the opinion of Gym, medical care is needed and I am unable to make such decisions for myself or the Minor Visitor. I agree to pay all costs associated with such actions on the part of GYM and third party care-givers, and to indemnify and hold Released Parties harmless from any claim arising from its response to the emergency.

5.      I hereby give my permission and consent to Gym to take photographs, videotapes, and other images of me or the Minor Visitor without compensation and for any reason it considers appropriate.

6.      In the event I or the Minor Visitor suffer any injury, however minor, while at Gym, I agree to notify an employee of Gym immediately.

7.      This document is intended to be binding, to the fullest extent of the law, on all persons signing below, the Minor Visitor, if any, and their respective successors, heirs, executors, administrators and family members. It may not be altered, orally or in writing. If any part of this document is deemed by a court of competent jurisdiction to be unenforceable the remainder shall nevertheless be in full force and effect. This agreement will govern visits to the premises of Gym on the date on which it is signed and thereafter until it is withdrawn or replaced by a subsequent agreement which will apply to visits thereafter.

8.      The terms of this agreement and any dispute between a Released Party and a Visitor or Parent, related to this agreement or otherwise, will be governed by the substantive laws (not including laws which might apply the laws of another jurisdiction) of the State of Texas. Any suit or mediation of the dispute will take place solely in the county in which the Gym Facility is located in Texas. I consent to the jurisdiction of the courts of appropriate jurisdiction in such county, for myself or on behalf of the Minor Visitor.

COVID-19 Information Acknowledgement (Initial in the highlighted area)

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 facility’s COVID Customer Policies (clearly posted in Gym facility). 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 and wear a face cover as required by the Policies, 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.

ARMADILLO BOULDERS FACILITY TERMS, RULES, AND REGULATIONS

     Armadillo Boulders General Bouldering Rules:

•          All climbers and observers must check-in at the front desk and execute the Visitors Agreement before proceeding to the padded climbing areas or fitness areas.

•          Bouldering is inherently dangerous. Participants must assume the risks of climbing. All Visitors at Gym must sign a Visitors Agreement.

•          Grabbing hold of any lighting fixtures or structural members of the building or climbing wall or associated structures is prohibited at Gym.

•          All persons using the Facility are expected to respect other individuals in the facility and conduct themselves with due consideration for others. Any person deemed by Gym staff to be behaving in an unsafe or disorderly fashion will be asked to leave the facility. 

•          The use of headphones is prohibited while bouldering.

•          All Visitors must wear appropriate clothing, including shirts.

•          Shoes must be worn while bouldering.

•          Gym reserves the right to ban or expel anyone from its facility at its discretion.

    Youth Climbers:

•          In the interest of safety, youth under the age of 12 must be supervised by an adult (18 years or older) or by a staff member of Gym.

•          Gym has a minimum age requirement of 3 years old in order to engage in a climbing activity. Children under the age of 3 are not permitted in a padded climbing or fitness area.

•          Gym requires a youth to adult supervision ratio of 3:1

Safety Orientation Acknowledgement (Initial in the highlighted area for each statement)

I have carefully read, understand, and fully informed myself, and the Minor Visitor if applicable, of the contents of this agreement, including the Facility Terms, Rules and Regulations.  I voluntarily sign this agreement, which I acknowledge constitutes a binding contract for myself, and to the extent allowed by applicable law, the Minor Visitor.