The companies identified above are referred to collectively in this agreement as “the Companies” and the gyms which they operate are referred to as “the Gyms” or “the Gym”. This Agreement applies to the activities of each of the Companies and visits to the sites on which they are conducted; however, each company is a separate legal entity and it alone, and none of the other Companies, is responsible for claims arising from its activities as described below.
This agreement must be signed by all adult (18 years of age and older) Visitors. If the Visitor is a minor, the Agreement must be signed by a parent or legal (court appointed) guardian of the minor (both, referred to below as “Parent”). First time visitors to the Gym who expect to engage in its activities will receive an orientation to the facilities including bouldering instruction, and the Gym will record that orientation with an initial “approval” maintained by the Gym.
Visitors wishing to engage in any additional climbing activities of the Gym, may do so only after receiving specific training by gym staff and approval, maintained by the Gym. The terms and conditions of this Agreement, including its assumption of risks, release of liability and indemnities, will apply to all aspects of the Visitor’s visits to the Gym, and participation, including unauthorized participation, in its activities. In consideration of the services of the Companies, I, an adult Visitor, including a parent or legal guardian of a Visitor who is a minor for whom I sign below, acknowledge and agree to the following:
I, and any minor Visitor for whom I sign below (“any minor Visitor”), have viewed the orientation video of the Gym and its Activities and any questions have been answered to my and any minor’s satisfaction.
ACTIVITIES: “Activities” as used in this Agreement include the use of the facilities of the Gyms, and moving about their premises, inside and out, including parking lots, walkways, stairs, elevators and common areas used for parties, summer camp and other events. The Activities of the Gyms (“the Activities”) include indoor and outdoor (real and artificial) rock wall climbing (top rope, auto-belay and lead climbing), bouldering (un-roped climbing and traversing), slacklining and, on limited occasions, a giant swing (launched from a height of approximately 20 feet). In addition, the Gyms offer training and fitness activities including weights, machines and other equipment. Visitors may engage in special activities or events including gear demonstrations, parties, training, yoga and fitness classes, clinics, tutorials, leagues, teams and competitions. Activities may include remote natural rock wall climbing, camps and classes and travel to those sites. Visitors may rent or borrow equipment from the Gyms. In addition to these, youth Activities (including at remote sites) may include yoga, bouldering and belaying other youth; arts and crafts; basic fitness, including balance and floor exercises; games, some vigorous, on and off the climbing wall, include running, jumping, swinging on ropes, slacklining and rappelling. Visitors may consume food on the premises, brought by them or purchased at the Gym. Gym staff must be advised of a Visitor’s food or other allergies, actual or suspected.
Visitors under the age of thirteen years must be accompanied by an adult Visitor, who, throughout any minor’s visit to the Gym or other site, must be immediately available to the child to enforce warnings and instructions and otherwise assist a child in Gym Activities. Children under 13 are allowed to boulder, lead climb and belay only under one of the following conditions: 1) after successful completion of a lesson and/or approval test conducted by Gym staff, 2) with the explicit approval to do so by instructional staff, 3) with youth team permission, or 4) within a supervised or facilitated climb program. These age limitations do not apply to activities facilitated and supervised by staff including, for example, private or group lessons, camps and youth teams.
Visitors must not assume that they will be supervised or even observed by members of the Gym staff. Visitors are responsible for their own safety and welfare and, if the Visitor is an adult accompanying any minor Visitor, for the safety and welfare of the child.
A wrist band, tag or any other indicator of approval issued by the Gym, indicates only a demonstrated competency of the Visitor on a given date—NOT a continuing endorsement of their competency nor any affiliation with the Gym, agency or otherwise. Visitors are urged to periodically renew and refresh their approved skills and verify the competency of other Visitors on whom they rely.
Visitors in climbing Activities acknowledge full responsibility for understanding the unique function, operation and use of devices and equipment used by them. Gym staff’s approval of the use of one climbing device does not transfer to another device, and the Gym has no responsibility to monitor or track a Visitor's device proficiency or choice.
RISKS: Visitors to the Gyms, and participants in the Activities of the Gyms, including at other Activity sites, will be exposed to, among others, the following risks: climbing, descending, belaying, falling and/or jumping from heights onto uneven, worn or hard or other surfaces; striking and being struck by objects, people and gear; rope abrasion, entanglements; defects in roped and un-roped climbing and bouldering surfaces, including loose and spinning handholds; equipment failure, including auto- and other belay systems, harnesses and knots; improper fitting of harnesses and fastening of buckles; the conduct, including the negligence, of gym staff and other Visitors; failure to follow instructions of the Gym’s staff or failure to ask for information or assistance; traveling by motor vehicle to a remote Activity site (the Gyms will not provide transportation but may facilitate carpooling arrangements); parking and moving about the Gym and other Activity sites, including, at remote locations; uneven terrain, water courses, and plants and animals which may cause harm, and falling timber and rocks; limited access to and/or delay of medical attention; pre-existing conditions, physical exertion, exhaustion, dehydration, hypothermia, altitude sickness, or frostbite, and mental distress; and injuries associated with outdoor camping, including cooking and fires. I, and any minor for whom I sign below, understand that wearing a helmet does not eliminate the dangers associated with the Activities but that in certain circumstances a helmet can reduce the risk of permanent injury or death. I, and any minor for whom I sign, acknowledge that climbing instruction received from a Gym is general in nature and may not apply to all climbing conditions. These and other risks and hazards are inherent in the Activities of the Gym, including at remote activity sites – that is, without them, the Activities would lose their value and appeal and vigorous participation would be discouraged.
Lead climbing (the climber climbs above protection set by them, and is belayed from below) is a unique activity, with enlarged risks. The proficiencies of lead climbers and their belayers must be tested and approved by the Gym, including, specifically, completing the Climb Lead Approval Test. Lead climbers who use private (not furnished by the Gym) ropes are solely responsible for their length and condition as well as for the condition of other personal gear, including belay devices, carabiners, quick draws and harnesses. Risks of lead climbing include variations and enlargements of those described above, including longer falls, errors in belaying, rope entanglement, and failures of knots, gear, equipment and structures, including holds. Knowledge of proper lead belaying, climbing commands and equipment checks is essential.
ASSUMPTION OF RISKS: I understand that the risks described above, and others, can cause damage to property, personal injury and, in extreme circumstances, even death. I assume all the risks of the Activities of the Gyms, known or unknown, inherent or not, and whether or not described above. In addition, with regard to anyminor Visitor, I, parent or legal guardian, have discussed the activities and risks with any minor, who understand them and wishes to visit and participate in the Activities nevertheless. My, and any minor Visitor’s, participation is purely voluntary and in spite of the risks.
RELEASE OF LIABILITY AND INDEMNITY: I, an adult Visitor, including Parent, for myself and, to the maximum extent allowed by law, on behalf of any minor Visitor for whom I am parent or legal guardian and for whom I sign below, agree to waive any and all claims against, and to defend and hold harmless, release, discharge, indemnify (that is, defend and pay) and agree not to sue the “Released Parties” (identified below) with respect to any and all loss, liability, damages, actions, claims, expenses, costs, attorneys’ fees, and insurance deductibles, known or unknown, suffered or caused by me or by any minor Visitor for whom I sign below, relating to or arising from my, or any minor Visitor’s visit to the Gyms or other Activity site, or any Activity, occurrence or event involving a Gym or any of the Released Parties.
The ”Released Parties” referred to above are the following: Climb Nashville, LLC, Climb Murfreesboro, LLC, Climb Bentonville, LLC, and Climb Kraft, LLC, any location at which one of these limited liability companies is doing business under another name (a “dba”), in addition to the owners of, and providers of management services to, the Gyms (including Brock-Sloss, LLC, and Climb HQ, LLC), and their respective members, officers, directors, employees, agents, representatives, and any other persons, corporations, landlords, insurers, affiliates, shareholders, sponsors and property owners or other entities that might have any liability to me.
These agreements of release and indemnity include claims based on a Released Party’s alleged or actual negligence (but not, unless authorized by applicable law, gross negligence or intentionally wrongful conduct) or breach of any contract or express or implied warranty or breach of any statutory or other duty of care.
Warning and Notice: Under Tennessee law, an adventure tourism professional is not liable for an injury to or death of a participant in adventure tourism activities resulting from the inherent risks of such activities, pursuant to Tennessee Code Annotated, title 11, chapter 11. The State of Tennessee is held harmless for any act of approval of an adventure tourism business. State approval is limited to determining eligibility for tax credits only.
OTHER PROVISIONS: I further agree, for myself and on behalf of any minor Visitor for whom I sign below, as follows:
In order for me, and any minor Visitor for whom I sign, to participate in the Activities, I must sign this Agreement. In addition, I, and any minor, must complete whatever instructional program the Gym requires for a particular Activity; and I, and any minor, must read and abide by the Gym rules of conduct, and all other rules that may be posted at the gym or other Activity site, and instructions and commands given to us by Gym staff. Certain competitions, sanctioned and otherwise, may have their own rules and operating procedures which will apply in those circumstances.
Visitors are committed to protecting a safe environment in the Gym, and persons deemed to be harassing another Visitor or staff or otherwise interfering with another’s peaceful enjoyment of the Gym will be asked to leave the Gym or other activity site.
I understand that climbing gear could become damaged or defective. I am capable of assessing my, or any minor Visitor’s, climbing or fitness equipment brought to the Gym or other Activity site and declare that it is in good condition for use. I, and any minor for whom I sign, understand that the Gym is not liable for any lost or stolen equipment or personal items brought to the Gym or other Activity site. I, and any minor Visitor for whom I sign, have viewed the orientation video of the Gyms and their activities and any questions have been answered to our satisfaction.
In the event of a serious incident, I agree, if requested, for myself and for any minor Visitor for whom I sign, to surrender to the Gym any personal gear related in any way to the incident. Unless I notify the Gym’s staff otherwise, I am, and any minor Visitor for whom I sign is, physically and mentally capable of participating in all Gym Activities without being a danger to ourselves or to others. I will not, and any minor Visitor will not, participate in any Gym Activity while under the influence of alcohol or any other substance which might influence my, or the minor’s, judgment or performance.
In the event of a medical emergency, if I am unable to make such decisions for myself or any minor, I authorize the Gym to provide or obtain such medical care as Gym staff deems necessary for me or any minor Visitor, including transportation to a medical facility. I agree to pay all costs associated with such actions on the part of the Gym and to indemnify and hold Released Parties harmless from any loss arising from such assessment and care, including transportation.
The Gym is authorized to take and use my, or any minor Visitor’s for whom I sign below, name and likeness, for promotional materials, brochures, and/or websites, without compensation.
Any and all claims for loss, injury or death arising from a participation in the Activities, shall be governed by the laws of the State where the alleged loss occurred (that is, Tennessee or Arkansas), not including those laws which may apply the laws of another jurisdiction. The exclusive jurisdiction of any such claim shall be in a court of competent jurisdiction in the State where the alleged incident occurred. Claims arising out of any Nashville gym must be brought and maintained in Davidson County, Tennessee; those arising out of the Murfreesboro gym, in Rutherford County, Tennessee; and those arising out of the Bentonville gym, in Benton County, Arkansas.
This Agreement shall continue in effect with respect to this and all future visits to the Gyms and participation in their Activities, provided, however, that modifications or other agreements might be required in the future for application to visits thereafter.
I, and any minor for whom I sign, have carefully read and understand this Agreement, and have had the opportunity to ask questions, and fully understand its contents and implications. I, and any minor for whom I sign, intend for it to apply to the fullest extent allowed by law, and to be binding upon members of my, or any minor Visitor’s, family, and to our respective heirs, assigns, and administrators. If a court of competent jurisdiction finds any portion of this Agreement to be invalid, the remaining portions shall survive and continue in full force and effect.
By signing on behalf of any minor Visitor, I represent that I am the parent or legal guardian of that minor Visitor and acknowledge that such minor Visitor is bound by all the terms of this Agreement to the maximum extent allowed by law. I understand that any minor Visitor would not be permitted to participate in any of the Activities unless I agree to the terms of this Agreement. By signing this Agreement, I represent, under penalty of fraud, that I am an adult Visitor (at least 18 years of age) including the parent or legal guardian of any minor Visitor for whom I sign below. If I misrepresent my age or my identity as a parent or legal guardian, I understand that I will be deemed a forger, and that I, or any person(s) whose visit is facilitated by my misrepresentation, will be a trespasser on the premises, and that I will be required to indemnify the Gyms from any claim of loss caused by or suffered by me the trespasser.
April 27, 2024 |
