NOTICE: THIS IS A LEGALLY BINDING AGREEMENT THAT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY BEFORE SIGNING. BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE BOULDERS CLIMBING CENTER AND THREE AMIGOS CLIMBING LLC FOR ORDINARY NEGLIGENCE. This Waiver, Release of Liability, Assumption of Risk, and Indemnification Agreement ("Agreement") is entered into between Boulders Climbing Center, a facility owned and operated by Three Amigos Climbing LLC (together with its owners, members, managers, officers, employees, agents, independent contractors, route setters, instructors, and volunteers, collectively the "Released Parties"), and the undersigned participant ("Participant," "I," or "me"). As used in this Agreement, "Facility" means the entire premises operated by Boulders Climbing Center, including the interior climbing and fitness areas, restrooms, lobby, and common areas, as well as the parking lot, sidewalks, entryways, and any outdoor or exterior areas of the property. This Agreement applies to all use of the Facility, including bouldering, top-rope and lead sport climbing, the free-weight area, cardio and treadmill equipment, and any classes, clinics, youth programs, competitions, or special events held at the Facility, whether indoors or outdoors and whether inside the building or elsewhere on the property. 1. Assumption of Risk I understand that climbing (including bouldering, top-rope climbing, and lead/sport climbing on artificial walls) and the use of fitness equipment, including free weights and treadmills, are activities with inherent and significant risks of physical injury, including permanent disability, paralysis, and death, as well as risk of property damage. I understand that these risks cannot be eliminated regardless of the care taken to avoid injuries. I VOLUNTARILY AND KNOWINGLY ASSUME ALL SUCH RISKS, whether known or unknown, and whether arising from the ordinary negligence of the Released Parties or otherwise, including but not limited to: • Falling from heights, including ground falls while bouldering and falls onto the climbing surface or mats • Falls resulting from failure of a belay, rope, harness, quickdraw, anchor, auto-belay device, or other climbing equipment, whether provided by the Facility or brought by the Participant • Improper use of equipment, inadequate spotting, or errors by belayers, spotters, or other climbers, including those who are not employees of the Facility • Holds, volumes, or wall features that loosen, break, rotate, or fail • Collision with other climbers, patrons, walls, mats, floors, or equipment • Overexertion, muscle strain, sprains, fractures, dislocations, cardiac or respiratory events, and other injuries arising from climbing or exercise, including use of free weights, benches, racks, and treadmills • Dropped weights or equipment, mechanical or electrical failure of fitness equipment, and improper use, form, or programming of a workout • Negligence of other patrons, including minors, and negligence of the Released Parties • Slip-and-fall hazards from chalk, flooring, mats, and other surface conditions • Aggravation of a pre-existing injury or medical condition • Any other risk inherent in indoor climbing and fitness activities, whether or not described above 2. Release of Liability, Waiver of Claims, and Covenant Not to Sue TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, I, ON BEHALF OF MYSELF AND MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND ASSIGNS, HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE THE RELEASED PARTIES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, PERSONAL INJURY, OR DEATH THAT I MAY SUSTAIN WHILE PRESENT AT OR USING THE FACILITY, WHETHER CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, INCLUDING THE RELEASED PARTIES' OWN ORDINARY NEGLIGENCE, TO THE EXTENT PERMITTED BY LAW. THIS RELEASE DOES NOT APPLY TO GROSS NEGLIGENCE, WILLFUL OR WANTON CONDUCT, OR INTENTIONAL ACTS, WHICH TEXAS LAW DOES NOT PERMIT A PARTY TO WAIVE IN ADVANCE. I understand this release is intended to be as broad and inclusive as permitted by the laws of the State of Texas, and that if any portion is held invalid, the remainder shall continue in full force and effect. 3. Indemnification and Hold Harmless I agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from and against any and all claims, suits, damages, losses, costs, and expenses (including reasonable attorneys' fees) brought by or on behalf of me, my family, my estate, my heirs, or any third party, arising out of or related to my use of the Facility or participation in any activity at the Facility, including claims arising from the Released Parties' ordinary negligence. 4. Rules, Orientation, and Fitness to Participate • I certify that I am physically fit, have no medical condition that would preclude safe participation in climbing or fitness activities, and have not been advised otherwise by a physician. If I am uncertain, I will consult a physician before participating. • By signing this Agreement, I certify that I do not have any injury, illness, disability, or other medical condition, and I am not currently under the care of a physician or other medical provider for treatment of any condition, that would prevent me from safely participating in climbing or fitness activities at the Facility. • I agree to complete any required orientation before climbing, to follow all posted rules and verbal instructions from staff, and to use all equipment, including belay devices, harnesses, and fitness equipment, only as instructed. • I agree to inspect equipment before use and to immediately report to staff any equipment, holds, or conditions that appear damaged, worn, or unsafe. • I understand that climbing above a certain height or on lead routes may require a current belay certification or staff check-off, and that Facility staff cannot supervise every interaction between climbing partners. • I will re-rack free weights and use fitness equipment, including the treadmill, in accordance with posted safety guidelines and will not exceed my known physical limitations. • I will not participate while under the influence of alcohol or drugs, and I understand that Facility staff may deny entry to, or remove from the Facility, any person whose conduct is unsafe, reckless, disruptive, or in violation of posted rules, with or without refund. • I will wear appropriate athletic clothing and closed-toe athletic shoes (climbing shoes where applicable) at all times while climbing or using the fitness area, will keep long hair tied back and remove loose jewelry that could catch on holds or equipment, and will follow any additional attire or footwear rules posted at the Facility. 5. No Warranty; Personal Property The Released Parties make no warranty, express or implied, regarding the condition, fitness, or safety of the Facility, its equipment, or its climbing walls beyond the exercise of ordinary care, and Participant's use of the Facility is at Participant's own risk. The Facility is not responsible for loss, theft, or damage to personal property, including vehicles, gear, and belongings brought onto or left at the Facility. 6. Medical Treatment Authorization In the event of injury, I authorize the Released Parties to obtain or render emergency medical care on my behalf, including first aid and transportation to a medical facility, and I agree to be financially responsible for any costs of such care. This authorization does not obligate the Released Parties to provide medical care. 7. Media Release (Optional) This section is optional and does not affect your ability to use the Facility. If I initial and sign below, I grant Boulders Climbing Center and Three Amigos Climbing LLC permission to photograph or video record me while at the Facility and to use such images for promotional purposes, including social media and the Facility's website, without compensation. I may revoke this permission at any time by written notice to the Facility; revocation does not affect prior use. 8. Continuing Effect; Entire Agreement This Agreement takes effect on the date signed below and remains in effect for every future visit I make to the Facility, including future climbing sessions, fitness use, classes, and events, unless I revoke it in writing and the Facility acknowledges that revocation before my next visit. This Agreement, together with any posted Facility rules, constitutes the entire agreement between Participant and the Released Parties regarding its subject matter and supersedes any prior oral or written understandings. No provision of this Agreement may be modified or waived except in a signed writing. 9. Participant Acknowledgment I have read this entire Agreement, I understand it, and I understand that by signing it I am giving up substantial legal rights, including the right to sue the Released Parties for ordinary negligence. I am signing this Agreement voluntarily and without any inducement, and I intend for my signature to be a complete and unconditional release of all liability to the greatest extent allowed by Texas law. This Agreement shall be governed by the laws of the State of Texas, and venue for any dispute not otherwise barred by this Agreement shall lie in Bell County, Texas. Participant Signature By signing below, I confirm that I am at least 18 years of age, or that I am the parent or legal guardian of the minor Participant named above, and that I have full authority to sign this Agreement on my own behalf or on behalf of the minor Participant. Parent/Legal Guardian of Minor Participant (if Participant is under 18) I, THE UNDERSIGNED PARENT OR LEGAL GUARDIAN, ON BEHALF OF MYSELF, THE MINOR NAMED ABOVE, AND OUR RESPECTIVE HEIRS, ASSIGNS, AND LEGAL REPRESENTATIVES, HAVE READ AND UNDERSTAND THIS AGREEMENT, AGREE TO ITS TERMS ON BEHALF OF THE MINOR, AND AGREE TO INDEMNIFY THE RELEASED PARTIES FOR ANY CLAIM BROUGHT BY OR ON BEHALF OF THE MINOR TO THE EXTENT PERMITTED BY TEXAS LAW. Date: September 20, 2026 |
