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ASSUMPTION OF RISK, WAIVER OF LIABILITY, & INDEMNIFICATION AGREEMENT 2.0

**Everyone in the gym must sign a waiver, this includes all climbers and spectators.**

Alta Climbing Gym, LLC (d/b/a Alta Climbing and Fitness) and Alta Boulders, LLC (hereafter referred to together as “ALTA”) are multi-function facilities that combine a climbing gym, a fitness facility, indoor cycle facility, and a yoga facility. ALTA provides a place to train for outdoor climbing projects, a place for kids to climb competitively, a place to climb with friends that offers everything on a modern climber’s wish list, a fitness facility, a yoga studio, and an indoor cycle studio.

Definitions:

  • ADULT PARTICIPANT - a person desiring to use the ALTA facility who is 18 years of age or older.
  • MINOR PARTICIPANT - a person desiring to use the ALTA facility who is under the age of 18, over whom the adult signing this document has legal guardianship (including a parent). A MINOR PARTICIPANT must be physically in the presence of the RESPONSIBLE ADULT who signed this waiver. A RESPONSIBLE ADULT may bring no more than two (2) MINOR PARTICIPANTS at a time.
  • RESPONSIBLE ADULT – a parent or legal guardian signing this assumption, waiver, and indemnity agreement on behalf of said MINOR PARTICIPANT.  

[note: an adult may only sign this AGREEMENT on behalf of a MINOR PARTICIPANT if the adult is the parent or legal guardian of that MINOR PARTICIPANT.]

Inherent Risks: ALTA activities can range from moderate to vigorous; as with all such activities, there are inherent risks of injury. Inherent risks are those risks that cannot be eliminated without changing the nature of the activity. Some of the risks include, but are not limited to:

Climbing and Bouldering Risks: Physical demands associated with the use of ALTA climbing and bouldering walls; slips and falls; trips; landing awkwardly or in an unplanned manner on floor or padding (I understand that the padded flooring at ALTA will not prevent the foregoing risks); striking the wall, other participants, spotters, staff, or objects; rope abrasion or entanglement; equipment malfunction or failure; misuse of belay equipment, ropes, holds, or other equipment; failure of rental or facility equipment or fixtures; being struck by falling objects or persons.

Fitness Facility Risks: being struck by falling weight; trying to lift too much; equipment failure or malfunction; over-exertion.

  • General Facility Risks: slips, falls or trips because of uneven pavement or flooring, or wet, icy or slippery surfaces.
  • Yoga Risks: trying to push the body too far; overheating; use of poor techniques (e.g., locking knees).
  • Human Error Risks: participant or co-participant actions; participant or co-participant failure to follow instructions; inadvertent inattentiveness of spotters, instructors, monitors, co-participants, and participant; incorrect techniques in use of ropes, slings, carabiners, belay devices, harnesses, and other equipment; errors in instructor judgment as to participant readiness to progress; errors by staff, participant or co-participant as to proper belay technique; error by participant or co-participant as to proper use or attachment of auto-belay equipment; instructor failure to adequately train spotters and assistants; judgment errors in emergency care; inadequate emergency training of personnel.

Equipment Risk: ALTA does not inspect or provide any warranties about the soundness of any equipment offered for use at the facility. Although reasonable efforts are made to inspect the soundness and appropriateness of ALTA-owned equipment offered for use by PARTICIPANTS, ALTA makes no inspection of, and is not responsible for any equipment brought into the facility by PARTICIPANT, either with respect to its soundness or to its fitness for the purposes for which it is intended to be used,

  • Substance Risk: the activities available at the ALTA facility are inherently dangerous and are inconsistent with the use of any intoxicating substance, whether alcohol or drug, legal or illegal. By signing this document, you agree to refrain from the use of any and all intoxicating substances before and while participating in the activities offered by ALTA.

ALTA feels it is important that all participants (ADULT PARTICIPANT, MINOR PARTICIPANT and/or RESPONSIBLE ADULT) understand that three kinds of injuries can occur as the result of these inherent risks. The most common are minor injuries which include, but are not limited to: hand injuries (calluses, cuts, skin tears, pinches, and punctures); bruises/scrapes; rope burns; muscle strains; backaches, and headaches. Major injuries include, but are not limited to: broken bones; joint, ligament, and tendon injuries; internal injuries; concussions; back injuries; and eye injury. Catastrophic injuries, though very rare, include, but are not limited to: loss of vision or hearing; permanent disabilities, heart attack, stroke, paralysis, or death.

ASSUMPTION OF INHERENT RISKS: I have read the above warning regarding the nature of ALTA activities and some of their associated risks. I affirm that 1) I understand and appreciate the demands of the ALTA activities relative to my physical condition and skill level, 2) I understand and appreciate the types of injuries that may occur as a result of ALTA activities and I am not relying on ALTA to list all associated risks and 3) I understand and appreciate their potential impact on my well-being, lifestyle, and potential future careers. I hereby assert that my participation is voluntary and that I knowingly assume all inherent risks associated with the use of any part of the ALTA property, facility and services, both known and unknown.

WAIVER OF LIABILITY: In consideration of permission for myself and/or MINOR PARTICIPANT to use the ALTA property, facilities, services and participate in ALTA activities, today and on all future dates for the effective period of this waiver, I, the ADULT PARTICIPANT, or MINOR PARTICIPANT and/or RESPONSIBLE ADULT, on behalf of myself, my spouse, my heirs, personal representatives, assigns, or others making a claim on behalf of myself or my MINOR PARTICIPANT (hereafter referred to as Releasing Parties) do hereby release, waive, discharge, and covenant not to sue ALTA, its owners, directors, officers, employees, members, lessors, lessees, volunteers, independent contractors, personal trainers, equipment providers, and agents, (hereafter referred to as Protected Parties) from liability from any and all claims arising from 1) the NEGLIGENCE of ALTA or other protected parties and/or arising from 2) the presence of other participants and patrons, myself and/or MINOR PARTICIPANT on the premises of ALTA. I understand that this release of specifically includes any claims and rights that I and/or MINOR PARTICIPANT may have against ALTA now, or in the future. 

This Assumption of Risk, Waiver of Liability and Indemnification Agreement applies to, but is not limited to, any/all of the following:

·        Climbing and Bouldering Risks: Physical demands associated with the use of ALTA climbing and bouldering walls; slips and falls; trips; landing awkwardly or in an unplanned manner on floor or padding (I understand that the padded flooring at ALTA will not prevent the foregoing risks); striking the wall, other participants, spotters, staff, or objects; rope abrasion or entanglement; equipment malfunction or failure; misuse of belay equipment, ropes, holds, or other equipment; failure of rental or facility equipment or fixtures; being struck by falling objects or persons.

  • Fitness Facility Risks: being struck by falling weight; trying to lift too much; equipment failure or malfunction; over-exertion.
  • General Facility Risks: slips, falls or trips because of uneven pavement or flooring, or wet, icy or slippery surfaces.
  • Yoga Risks: trying to push the body too far; overheating; use of poor techniques (e.g., locking knees).
  • Human Error Risks: participant or co-participant actions; participant or co-participant failure to follow instructions; inadvertent inattentiveness of spotters, instructors, monitors, co-participants, and participant; incorrect techniques in use of ropes, slings, carabiners, belay devices, harnesses, and other equipment; errors in instructor judgment as to participant readiness to progress; errors by staff, participant or co-participant as to proper belay technique; error by participant or co-participant as to proper use or attachment of auto-belay equipment; instructor failure to adequately train spotters and assistants; judgment errors in emergency care; inadequate emergency training of personnel.
  • Illnesses, personal injury (including permanent disability or death), and/or economic loss to the ADULT PARTICIPANT or MINOR PARTICIPANT and/or RESPONSIBLE ADULT arising from participation in ALTA activities (including, but not limited to, individual use of facility, instructional sessions, personal training; observation; and while on any ALTA premises (locker room; café; pro shop; administrative area; restrooms; equipment/maintenance areas; and sidewalks, steps, roadways and parking lots).
  • Any and all claims resulting from the damage to, loss of, or theft of property, no matter the source or cause of such loss.

INDEMNIFICATION AGREEMENT: I, the ADULT PARTICIPANT and/or RESPONSIBLE ADULT, agree to hold harmless, defend, and indemnify ALTA and Protected Parties (that is, defend and pay any judgment, loss, damages, liability, and costs, including investigation costs, attorney’s fees and related expenses)

  • From any and all claims of the Releasing Parties arising from an injury or loss by myself or my MINOR PARTICIPANT due to our participation or presence at ALTA (including claims arising from the inherent risks of ALTA activities and from the NEGLIGENCE of ALTA, other participants, or Protected Parties,
  • From any loss due to the conduct of myself, the named MINOR PARTICIPANT or others while present at ALTA.

SPECIAL COVID-19 NOTICE/WAIVER.

I, the ADULT PARTICIPANT and/or RESPONSIBLE ADULT, agree as follows:

I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.

I further acknowledge that ALTA has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.

I further acknowledge that ALTA cannot guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, ALTA staff, and other participants of ALTA and their families.

I voluntarily seek services provided by ALTA Boulders, LLC and ALTA ta Boulders, LLC and acknowledge that I or my MINOR PARTICIPANT are increasing my or their risk to exposure to the Coronavirus/COVID-19. I acknowledge that I or my MINOR PARTICIPANT must comply with all set procedures to reduce the spread while using the facility.

I attest, for myself and/or on behalf of my MINOR PARTICIPANT that:

  • I or my MINOR PARTICIPANT am/is not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
  • I or my MINOR PARTICIPANT am/is have not traveled internationally within the last 14 days.
  • I or my MINOR PARTICIPANT am/is have not traveled to a highly impacted area within the United States of America in the last 14 days.
  • I do not believe I or my MINOR PARTICIPANT have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
  • I or my MINOR PARTICIPANT have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non contagious by state or local public health authorities.
  • I or my MINOR PARTICIPANT am/is following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.

I hereby release and agree to hold ALTA harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the salon, or that may otherwise arise in any way in connection with any services received from ALTA . I understand that this release discharges ALTA from any liability or claim that I, my heirs, or any personal representatives may have against ALTA with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from ALTA . This liability waiver and release extends to all of ALTA's owners, partners, and employees.


Clarifying Clauses:

In the event any dispute arises, I, the ADULT PARTICIPANT OR MINOR PARTICIPANT & PARENT/GUARDIAN, agree to engage in good faith efforts to mediate a settlement. Any agreement reached will be formalized by a written contractual agreement at that time. Should the issue not be resolved by mediation, I agree that all disputes, controversies, or claims arising out of my participation at ALTA shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect.

I also understand that if, in spite of the above clause, legal action is brought, either the appropriate trial court in Maricopa County, Arizona or The United States District Court for the District of Arizona has the sole and exclusive jurisdiction and that only the substantive and procedural laws of that court within the State of Arizona shall apply.

I, the ADULT PARTICIPANT and/or the RESPONSIBLE ADULT, understand that this agreement between myself and ALTA cannot be modified or changed in any way by representations or statements by any agent or employee of ALTA. 

I further expressly agree that the foregoing Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Arizona and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

As the ADULT PARTICIPANT and/or the RESPONSIBLE ADULT I certify that I or MINOR PARTICIPANT:

  • Am aware thatALTA encourages each participant to get medical clearance prior to participation.
  • Have no health problems that would increase the risk of injury during ALTA participation.
  • Give ALTA authority to secure help and/or administer emergency first aid, CPR, and use an AED when deemed necessary.
  • Give ALTA authority to secure emergency medical care/transportation and I agree to assume all costs of care and transportation.

Media Release: ALTA has my permission to use any photographs, images, or likenesses taken of myself, and/or the MINOR PARTICIPANT in its marketing brochures, ads, videos, website, or other media, unless I provide written or e-mail notice to the contrary.

As the ADULT PARTICIPANT or MINOR PARTICIPANT, I:

ALTA BOULDERING ORIENTATION VIDEO ACKNOWLEDGMENT

Notice: Signing this document allows for participation in bouldering only. Additional orientation are required for participation in Top Rope, Lead and Auto-Belay climbing.

1. I understand that there are inherent risks in bouldering and have been instructed by ALTA staff in the correct falling technique. I understand the following information regarding bouldering, in addition to the inherent risks of climbing.

2. I understand and appreciate that there are inherent risks in bouldering that can lead to injury or death.

3. I have read and understand the posted rules of ALTA and agree to abide by these rules.

4. I understand that if I need help with any aspect of bouldering, or landing a controlled fall that I will seek instruction or appropriate supervision.

5. I understand that all falls are ground falls and that falls may result in injury. I understand that injuries can be severe.

6. I understand that I may lose my grip or footing, and that holds may break or spin resulting in a fall. Falls from any height can result in serious injury or death.

7. I understand that I must down climb every climb and that it is the recommended method to finish a climb.

8. I understand proper falling technique.

9. I know that there is no "topping out" at ALTA. I will not climb over the top of the bouldering wall.

10. I will check my fall zone to make sure that it is clear before I climb and before I descend.

11. I will star clear of fall zones when I am not climbing.

12. I understand that the purpose of the padded flooring is as a mitigation measure only. There are limitations of the padded flooring and I understand that it is no guarantee of safety.

13. I understand that I must be 14 years old to boulder by myself. Children 13 years old and under must climb with a responsible adult that will actively supervising their safety and adherence to the rules.

14. There is no running, tumbling or horseplay on the mats.

15. I understand the grading system and if I have any questions, I will contact a member of the ALTA staff.

16. I understand that my safety is my responsibility.

ACKNOWLEGEMENT OF UNDERSTANDING: I, the ADULT PARTICIPANT, or MINOR PARTICIPANT and/or RESPONSIBLE ADULT, have read this Assumption of Risk, Waiver of Liability, and Indemnification Agreement and fully understand its terms. I understand that I am giving up substantial rights that might belong to me and/or the MINOR PARTICIPANT including:

  • My right as an ADULT PARTICIPANT to recover damages for any loss I may suffer resulting from my injury or death resulting from participation at ALTA;
  • My right as a RESPONSIBLE ADULT to recover damages for any loss I may suffer resulting from injury to or death of myself or my MINOR PARTICIPANT resulting from participation at ALTA; and
  • The right of a MINOR PARTICIPANT to recover damages for any loss he/she might suffer from injury or death resulting from participation at ALTA.

I further acknowledge that I am signing the agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of ALTA and the other Protected Parties from all liability to the greatest extent allowed by law in the State of Arizona to myself, and/or the MINOR PARTICIPANT due to:

  • negligence by ALTA and the other Protected Parties;
  • negligence of other participants;
  • my own negligence or the negligence of the MINOR PARTICIPANT for whom I am singing this release; 
  • the inherent risks of ALTA activities,
  • any other cause. 

Further, I, the RESPONSIBLE ADULT, assert that 1) I have explained the inherent risks to the MINOR PARTICIPANT; 2) he or she understands this Agreement; and 3) we knowingly accept and assume the inherent risks of ALTA activities.

Signed on February 5, 2025

First Participant's Name

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Second Participant's Name

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Third Participant's Name

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Fourth Participant's Name

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Fifth Participant's Name

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

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Seventh Participant's Name

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Eighth Participant's Name

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Ninth Participant's Name

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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.
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 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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