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Climb Capuchin

Release of Liability and Assumption of Risk

Friends, grandparents, nannies, or any other adult that is not the parent or court-appointed legal guardian may NOT sign this legal document for a minor.  

I Agree



PARTICIPANT AGREEMENT, LIABILITY RELEASE, AND ACKNOWLEDGMENT OF RISK

In consideration of the services of ClimbCap, LLC, and/or dba Climb Capuchin, their agents, owners, officers, partners, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf, I hereby agree to release and discharge Climb Capuchin, ClimbCap LLC. and it’s agents, owners, officers, partners, volunteers, participants and employees, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:

  1. I acknowledge that climbing on an artificial climbing wall, participating in physical training classes or the use of a “slackline” entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death or damage to myself, to property, or emotional injury, paralysis, death, or damage to or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: falling off the wall; loose and/or damaged artificial holds; rented equipment failure: falling to the ground, on other users, or being fallen on by other users; abrasions from the walls, ropes, pads, or the floor; equipment failure; belay and/or belayer failure; climbing out of control or beyond ones personal limits; the negligence of other climbers, visitors, participants, or other persons who may be present; musculoskeletal injuries and or over training; head injuries; or my own negligence. Furthermore, Climb Capuchin employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant of a participant’s fitness or abilities. They may give inadequate warnings or instructions, and the equipment being used might malfunction.
  2. I expressly agree and promise to accept and assume all of the risks existing in the above-described activities. My participation in such activities is purely voluntary, and I elect to participate in spite of the risks.
  3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Climb Capuchin from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Climb Capuchin's equipment, classes or facilities, including any such Claims, which allege negligent acts or omissions of Climb Capuchin.
  4. Should Climb Capuchin or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
  5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions that could interfere with my safety in this activity, or else I am willing to assume -- and bear the costs of -- all risks that may be created directly or indirectly, by any such condition.
  6. In the event that I file a lawsuit against Climb Capuchin, I agree to do so solely in the state of Texas, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state.

By signing this document, I acknowledge and certify that I am of legal age (18 years old or older) and if anyone is hurt or property is damaged during my participation in this activity, I will be found by a court of law to have waived my right to maintain a lawsuit against Climb Capuchin on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read it fully and understood it completely, and I hereby agree to be bound fully by its terms.

This waiver will remain in effect until it is cancelled or modified by written agreement between the Parties.


Signature of Participant (18 years and older must sign)

Date November 21, 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*

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

First Name*

Middle Name

Last Name*

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

First Name*

Middle Name

Last Name*

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

First Name*

Middle Name

Last Name*

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

First Name*

Middle Name

Last Name*

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

First Name*

Middle Name

Last Name*

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

First Name*

Middle Name

Last Name*

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

First Name*

Middle Name

Last Name*

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

First Name*

Middle Name

Last Name*

Phone*
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.

Friends, grandparents, nannies, or any other adult that is not the parent or court-appointed legal guardian may NOT sign this legal document.



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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