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Release of Liability and Assumption of Risk

ASSUMPTION OF RISKS, AND WAIVER, RELEASE AND INDEMNITY AGREEMENT

Please read this agreement carefully. The persons signing it will, among other things, give up their right to sue City Rock, LLC (“The Center”), and anyone associated with The Center for injuries or other losses suffered while on the premises of The Center or while participating in activities or events involving The Center.

This agreement must be signed by each adult (eighteen years and older) visitor or, if the visitor is a minor, by a parent or legal guardian of the minor. The parent or guardian (referred to as “Parent”) signs and agrees for themselves and on behalf of the minor visitor. As used in this agreement, "Visitor" or “I/me/my” refers to the adult visitor who signs this agreement, and to the minor visitor on whose behalf it is signed.

In consideration of The Center permitting me to enter its premises, participate in climbing or other activities or events at or involving The Center, I understand, acknowledge, and agree as follows:

 

ASSUMPTION OF RISKS

1.     Activities offered by The Center include climbing indoors on artificial walls (including roped climbing with a belay partner, auto belaying and bouldering), rappelling, “slack lining,” “dry tooling” (simulated ice climbing), simulated caving, yoga, fitness classes and activities (including treadmills, free weights, and other exercise equipment), indoor games and obstacle courses, team building exercises, children’s play areas, and additional activities that may be offered by The Center from time to time (referred to as the “Activities”). I agree that it is my responsibility to ask staff of The Center if I have any questions about an Activity before participating in it.

2.     I UNDERSTAND THAT MY PARTICIPATION IN OR OBSERVATION OF THE ACTIVITIES INVOLVES RISKS, INHERENT AND OTHERWISE, THAT COULD RESULT IN SEVERE PHYSICAL OR PSYCHOLOGICAL INJURY, DISABILITY, DEATH, AND DAMAGE TO MYSELF, TO PROPERTY, OR TO ANYONE ELSE, EVEN IF I FOLLOW THE RULES AND INSTRUCTIONS OF THE CENTER. 

3.     I understand that injuries of all types are a common and ordinary occurrence of the Activities, and that such risks cannot be eliminated without jeopardizing the essential qualities of the Activities. The risks involved in the Activities include, among other things: (1) injuries from falling or jumping off walls, play areas or other elevated structures, regardless of landing surface or height of fall; (2) injuries from falling onto uneven, worn, soft or hard landing surfaces; (3) being struck by or collisions with other people or objects; (4) user error and equipment failure (even if properly used); (5) misuse of belay systems and auto belay devices; (6) abrasions caused by ropes or other equipment; (7) injuries caused by the actions and inaction of others, including the inexperience, mistakes and negligence of belayers, co-participants, staff and other people; (8) overuse or overexertion injuries; (9) the development or aggravation of physical or mental health conditions, including fear of heights and confined spaces; (10) contracting illnesses while in The Center’s facilities; (11) risks associated with walking on streets and sidewalks to access The Center’s facilities; and (12) risks identified by The Center through written and oral rules, instructions and warnings. 

4.     The above description of risks does not include all possible risks associated with the Activities and does not limit the extent or scope of any part of this agreement.

5.     If Visitor is a minor, I, Parent, have discussed the terms of this agreement, including the description of Activities and risks, with the minor, who understands them and still chooses to participate.

6.     I understand that The Center may require me to complete instructional training or assessments for any given Activity; however,I agree that The Center shall have no duty to monitor my performance of the Activities.

 

I, FOR MYSELF, AND, TO THE EXTENT ALLOWED BY LAW, FOR THE MINOR VISITOR:

(A)   UNDERSTAND AND ACKNOWLEDGE THAT MY ENTRY ONTO THE CENTER’S PREMISES, OR PARTICIPATION IN, OR OBSERVATION OF, ANY ACTIVITIES EXPOSES ME TO RISKS OF INJURY OR ACCIDENT; AND

(B)   ASSUME ALL RISKS, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE CENTER OR OTHERWISE, OF INJURY, ILLNESS, DISABILITY, DEATH OR DAMAGE OF WHATEVER KIND WHICH MAY BE SUFFERED BY ME ARISING FROM MY USE OF OR PRESENCE ON THE CENTER’S PREMISES, OR PARTICIPATION IN ANY ACTIVITIES OR EVENTS INVOLVING THE CENTER.

 

WAIVER AND RELEASE

I, AN ADULT VISITOR, OR PARENT OF A MINOR VISITOR (FOR MYSELF AND ON BEHALF OF THE MINOR), RELEASE AND DISCHARGE: (A) CITY ROCK, LLC, (B) VERTICAL FITNESS, INC., (C) KNEE BAR, LLC, (D) THE HAMMERICK FAMILY PARTNERSHIP, LTD, (E) THE KNIGHTS WHO SAY, LLC, (F) BUDDY CHECK, LLC; AND (G) EACH OF THEIR OWNERS, MANAGERS, DIRECTORS, TRUSTEES, EMPLOYEES, OFFICERS, INSTRUCTORS, AGENTS, AFFILIATED ENTITIES, LANDLORDS, AND PROPERTY MANAGERS (COLLECTIVELY REFERRED TO AS “RELEASED PARTIES”) FROM ALL CLAIMS AND LIABILITIES, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, PERSONAL INJURY, ILLNESS, WRONGFUL DEATH, IN ANY WAY ARISING FROM OR RELATED TO MY OR THE MINOR VISITOR’S PRESENCE ON THE CENTER’S PREMISES OR PARTICIPATION IN ACTIVITIES OF THE CENTER. I UNDERSTAND THAT BY SIGNING THIS AGREEMENT, I WAIVE AND SURRENDER MY RIGHTS, AND THE RIGHTS OF THE MINOR FOR WHOM I SIGN BELOW, TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST THE CENTER AND ANY OTHER RELEASED PARTY FOR PROPERTY DAMAGE, PERSONAL INJURY, ILLNESS, WRONGFUL DEATH OR OTHERWISE, INCLUDING THOSE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE (BUT EXCLUDING CLAIMS OF GROSS NEGLIGENCE) OF THE CENTER OR OTHER RELEASED PARTY.

 

INDEMNITY

1.     If I am an adult Visitor or Parent of a minor Visitor, I further agree to defend, indemnify and hold harmless (that is, to pay or reimburse damages and costs, including attorneys’ fees and insurance deductibles) The Center and the other Released Parties from any claims, suits, actions at law or in equity, for damages or other relief and against any liability of any nature, arising from or related to my, or the minor Visitor’s participation in any activities or other action or inaction while on The Center’s premises, including but not limited to any injuries or damages arising from my or the minor Visitor’s failure to follow The Center’s rules or instructions.

2.     The above waiver, release and indemnity agreements include but are not limited to claims of loss or damage alleged to have been caused in whole or part by my becoming infected by, or, with respect to an indemnity claim, infecting others with, a communicable disease, including but not limited COVID-19 and its variants. I understand that if I make a claim or file a lawsuit against a Released Party in violation of this agreement, I will pay all expenses and costs, including attorney’s fees incurred by that party in investigating and defending the claim.

3.     I acknowledge that The Center does not have medical personnel on staff. I authorize The Center to stabilize, obtain medical care for, or transport me to a medical facility or hospital if medical attention is required or I am unable to make such decisions for myself. I agree to pay all costs associated with such medical care and related transportation and shall hold harmless, defend, and indemnify The Center from any costs incurred relating to such actions.

OTHER TERMS AND CONDITIONS

1.     I agree that it is my responsibility to and that I will abide by all of The Center’s rules and instructions, whether written or oral, provided now or in the future. If I am the Parent of a minor Visitor, I have discussed The Center’s rules with the minor Visitor and the minor agrees to comply with all rules and instructions now and in the future.

2.     I represent that I have no physical or mental health conditions that would limit my ability to participate in or increase the risks associated with the Activities. Examples of such conditions may include: epilepsy, diabetes, heart disease, past injuries/surgeries, and mental health conditions that may limit my ability to cope with being at heights or in confined spaces or having close personal contact with others. I agree to consult my health provider prior to participating in any Activity if I am unsure about my ability to participate. 

3.     I understand that the use of any drugs (prescription or otherwise) or alcohol while participating in any of the Activities could increase risks associated with them and that The Center is not responsible for monitoring my use of any such substance. 

4.     I understand that I am solely responsible for reviewing and following the manufacturer’s instructions for my equipment and assessing the condition and safety of such equipment prior to each use.

5.     I acknowledge that The Center is not responsible for the safekeeping, loss, or theft of, or damage to, my property or the property of any other person. 

6.     I give my permission and consent to the taking of photographs, videotapes, and other images of me or the minor Visitor and agree that such images may be published and otherwise used by The Center for advertising, promotion, publicity, or any other purpose The Center deems appropriate, without compensation or credit to me or to the minor Visitor.

7.     I agree that any delay or failure by The Center to exercise any right or remedy under this agreement will not constitute a waiver of that or any other right or remedy. 

8.     I agree that this agreement will apply to my visit to the premises of The Center on the date on which it is signed and shall continue in effect to the fullest extent allowed by law, so that each time I use The Center’s facilities, services, or participate in any activity or event in which The Center is involved, I shall be bound by its terms.

9.     GOVERNING LAW, EXCLUSIVE JURISDICTION, AND WAIVER OF JURY TRIAL. I agree that the terms of this agreement and any dispute between a Released Party and any Visitor will be governed by the substantive laws of the State of Colorado (not including laws which might apply the laws of another jurisdiction). In addition, I agree that any lawsuit or other dispute brought by or on behalf of any Visitor against any Released Party will take place solely in a federal or state court located in El Paso County, Colorado. I VOLUNTARILY WAIVE ANY RIGHT I MAY HAVE TO A JURY TRIAL IN ANY SUCH LAWSUIT.

10.  This document is intended to be binding, to the fullest extent of the law, on each person signing below, including on behalf of a minor Visitor of which they are a parent or guardian, and their respective successors, heirs, executors, administrators, and family members. I agree that if any provision of this agreement or the application of any provision to any person or circumstance is held invalid, unenforceable, or illegal, the remainder of this agreement and the portion of such provision or application not held invalid, unenforceable or illegal, will remain in effect and enforced to the fullest extent permitted by applicable law. 

11.  The terms of this agreement cannot be altered except by a written document signed by the parties. This agreement constitutes the entire agreement between The Center and me regarding the subject matter hereof, and supersedes all previous agreements, understandings and arrangements, written or oral, between The Center and me in relation to such matters.  

First Participant's Name
First Name*
Middle Name
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Information
What school district do you or your children attend?
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Second Participant's Information
What school district do you or your children attend?
Third Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Information
What school district do you or your children attend?
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Information
What school district do you or your children attend?
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Information
What school district do you or your children attend?
Sixth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Information
What school district do you or your children attend?
Seventh Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Information
What school district do you or your children attend?
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Information
What school district do you or your children attend?
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Information
What school district do you or your children attend?
Tenth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Information
What school district do you or your children attend?
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*
How did you hear about us?
How did you hear about us?*
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.


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*
Date of Birth
Parent or Guardian's Information
What school district do you or your children attend?
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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