Please read this document carefully. It affects your legal rights in the event of an injury or other loss arising from a visit to the premises of Atlas Kinetics, LLC DBA Cave Climbing, a Texas limited liability company (CC), or other site of a CC activity, for the purpose of climbing or otherwise. It must be signed by all adult visitors and by the parent or legal guardian (each referred to as “Parent”) of a minor (under 18 years of age) visitor. In consideration of the services of CC I, an adult visitor or Parent, agree as follows: 1. Activities and Risks:
Activities of CC include wall or rock climbing, bouldering, rappelling and a variety of fitness and exercise activities, including yoga, stretching, slacklining; and otherwise being in and moving about the CC indoor facilities, and using its equipment. The risks of these activities include, among others, the following: falling from the climbing surface; loose, unstable and damaged climbing holds; swinging into, falling on and otherwise colliding with other climbers, structures and padded flooring; abrasions from the walls or rock or other surfaces, ropes and pads; the malfunction and failure of equipment including belay and other support mechanisms and harnesses; the use and misuse and malfunction of fitness and exercise equipment, and climbing ropes and related equipment; persons climbing out of control or beyond personal limits, overexertion, preexisting injuries and medical conditions, and inadequate physical conditioning; and the negligence of other persons, including other visitors, CC staff and independent contractors. While CC employees seek to manage the risks of climbing and other activities, they are not infallible and may make mistakes, including, among others, being unaware of a participant's fitness or abilities, and failing to give adequate warnings or instructions. Participants in CC activities and other visitors may be transported to other (not gym) activity sites by CC staff, and will be exposed to the risks of such travel. COVID-19: The threat of the Coronavirus disease, COVID-19, and its variants, requires a heightened awareness of the disease and preventative measures to reduce the chances of infection of others. Sources of such information include the Center for Disease Control and Prevention (the CDC), and State of Texas and local guidelines, which are referenced at the gym’s website. All Visitors, adult and minor, must carefully read, understand, and comply with the gym’s current COVID policies, including admission to the gym or other activity site, distancing, masking and sanitation. These policies are posted at the gym’s website (https://www.caveclimbingco.com/). In addition, visitors are expected to follow staff instructions and gym signage. The content of the directives and policies – national, state, local and the gym’s - are subject to change. I understand that the risks described above and others can result in injury, illness, property damage and other losses. I understand that the risks described above, and others, are inherent in CC activities and moving about its gym and other premises and using its equipment and cannot be eliminated without jeopardizing the essential qualities of the activity. 2. Assumption of Risks: I accept and assume all the risks of the CC premises and other activity sites, including climbing and other CC activities, inherent or not and whether or not they are described above. If the visitor is a minor, I have explained the risks to him or her. My, or the minor visitor’s visit, including participation in CC activities is purely voluntary, and I, or the child, elect to participate in spite of the risks. 3. Release and Indemnity: I, an adult visitor, or parent of a minor visitor (parent, for myself and, to the maximum extent allowed by the laws of the State of Texas, on behalf of the minor) hereby voluntarily release, forever discharge, and agree to indemnify (that is, defend and protect, including by paying or reimbursing claims, costs and attorneys’ fees) Atlas Kinetics, LLC, its agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on CC’s behalf (“Released Parties”) from any and all claims, demands, or causes of action, which are in any way related to my or the minor visitor’s participation in a CC activity or my or the child’s use of CC's equipment or facilities or moving about the premises of the CC gym or other activity site. The agreement of indemnity is intended to include claims arising out of losses suffered by me (an adult visitor or parent) or the child and losses caused by me or the child. The agreements of indemnity and release include claims of negligence, but not gross negligence or intentionally wrongful acts, of a Released Party. 4. If I, or the child, or anyone acting on behalf of me or the child, should file a lawsuit against a Released Party, I agree that it must be filed and maintained solely in a court of competent jurisdiction in El Paso County, Texas. I further agree that the substantive laws of the State of Texas shall apply in that action without regard to the conflict of law rules of Texas. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. 5. Unless I notify CC staff in writing to the contrary, I consent to the reproduction and use by CC of photographs, videos and other images and sound recordings of me, or the minor visitor, without compensation, for advertising or other purposes. I release the CC and other Released Parties from any claim of violation of any personal and/or proprietary right I or the minor may have in connection with such representation or use. 6. I represent that I do not have, or the minor visitor does not have, any physical or mental condition that would cause us to be a danger to ourselves or to others. By signing this document, I acknowledge that if I or the minor visitor is hurt or property is damaged during my or the child’s visit to the CC gym or other activity site, I, and the minor if applicable, may be found by a court of law to have waived the right to maintain a lawsuit against CC or another Released Party on the basis of any claim from which they have been released herein, and that I will protect the Released Parties from claims of the minor child, if any. I have carefully read and understood this document, and I agree to its terms, for myself, and the minor visitor and our respective estates, and family members. If any part of this Agreement is found by a court of competent jurisdiction to be unenforceable, the remainder will nevertheless remain in force and effect. This agreement will apply to my, or to the minor’s, future visits to the gym and other activity sites of CC until it is replaced by a later document. That future document will apply to visits thereafter but will have no effect on rights created by this agreement. Signature of visitor, 18 years of age and over OR Signature of Parent / Legal Guardian: Date: May 14, 2024 |
