NOTICE: THIS DOCUMENT IS LEGALLY BINDING. In consideration of permission to enter the property and use the facilities available at TamaRocks Climbing and Fitness, I agree to the following waiver and release, and I make the following representations: I HEREBY ACKNOWLEDGE THE INHERENT EXTREME RISKS OF ROCK CLIMBING, including climbing on artificial surfaces. I realize that those risks include but are not limited to: falls from or contact with walls and equipment, falling between two pads, bad decision-making, inattention of spotters or actions of other climbers, misuse or failure of equipment, holds which may have become loose or damaged, and freakish accidents which cannot be foreseen. I acknowledge that the above list is not inclusive of all possible risks associated with the use of the TamaRocks facility and climbing equipment, and/or the sport of climbing and I agree that this list in no way limits the extent or scope of this release. I voluntarily assume, to the maximum extent permitted under Costa Rican law, all such risks with full knowledge and appreciation of the danger and risks involved. I voluntarily agree to assume all risk of personal injury, including paralysis and death, which may occur while I am present at TamaRocks Climbing and Fitness, including any part of the property, whether or not under supervision of TamaRocks staff. I hereby knowingly and intentionally waive and release and agree to indemnify, hold harmless and defend TamaRocks, Limitada, James R. Reilly Jr. and Susanne Koomen (hereinafter the “Released Parties”), their successors, assigns, officers, employees, and agents from all liability for any such damage, injury, paralysis, or death which may result to my person or property. This release shall be effective even though said loss, damage or injury results or has resulted from the negligent wrongful acts and/or omissions of the Released Parties, their successors, assigns, officers, employees, agents, or other climbers. If a court of competent jurisdiction decides that any part of this Agreement is unenforceable, the parties agree that the Agreement should be interpreted to the maximum extent permitted by law. I am in good health and have no physical limitations, which would affect my safe use of the facility. I agree to pay attention to state of any holds, mats, ropes, anchors and other equipment I may use, and to advise a TamaRocks staff member if I do any damage or notice damage to the climbing wall or any of the climbing equipment. I understand that my use of the facilities may be photographed or videoed and promoted by the Released Parties, and in consideration for permission to use the facilities, I hereby give permission to Released Parties to use my likeness for any purpose whatsoever without compensation to me. I am at least 18 years of age and otherwise legally competent to sign this agreement. This release shall be effective and binding upon me and upon my assigns, heirs, representatives, executors, and administrators. If I am under the age of 18, this release must be signed by my parent/guardian, in which case the parent/guardian, by signing this document, is agreeing to the indemnification and hold harmless provisions herein as a result of any claim or injury that the minor mentioned above may incur or suffer. I understand that this release is binding upon me, my estate, any of my successors, heirs and assigns. I expressly state that I have read, understand and that I am familiar with all its provisions and that I sign it of my own free will. TAMAROCKS CONDUCT POLICY ● TamaRocks wants to provide a fun and safe environment for everyone that enters our facility. We ask that you follow the following guidelines: ● Front desk check in and waiver. Everyone entering the TamaRocks must sign a waiver and check in at the front desk. Minors must have a waiver signed by their legal guardian. ● Safety. Do not climb, sit, stand where a climber might fall. If you see someone standing below you, make them aware that you are climbing above them. No babies or toddlers are allowed on the mats or climbing walls. Any adult supervising a child under three years old may not supervise any other youth. ● Youth under 13 must be supervised by an adult who is responsible for them during their visit to TamaRocks. The adult must maintain direct supervision over the youth and be in close physical proximity. An adult may supervise a maximum of three youths at a time. Youth under 16 may only use the fitness room with the direct supervision of an adult on a one to one basis. ● No street shoes on the mats or climbing walls. ● No climbing shoes in the restrooms ● Instruction. Any climbing or personal training instruction requires the prior approval of TamaRocks management. Requests must be submitted in writing prior to your visit. ● Be respectful of other climbers and the facility. Keep your belongings together and tidy (No yard sale-ing). TamaRocks is not responsible for lost or stolen property. Keep climbing areas clear of personal items (water bottles, chalk bags, etc.). No food or beverages are allowed on the mats. Bring a towel and use it if you are sweaty. Don’t spray beta (give unsolicited advice on how to climb). ● TamaRocks reserves the right to entry and use. TamaRocks reserves the right to deny entry and use of the facilities, including to members, who in the sole discretion of TamaRocks staff are behaving in an unsafe or inappropriate manner. No shouting, running, rough housing or acrobatics in the gym. No jumping off of boulders – down climb to a safe height. No climbing under the influence of drugs or alcohol. Please keep your language classy. Be kind. No refunds will be given for denial of use based on behavior. TO BE READ AND SIGNED BY PARENT/GUARDIAN OF A MINOR I hereby state that I am the parent or guardian of the minor whose name appears above. I am familiar with and consent and agree to the terms and provisions set forth in this Release.
Today's Date: May 14, 2024 | 