THIS IS A LEGALLY BINDING AGREEMENT. BY SIGNING, YOU SURRENDER SUBSTANTIAL RIGHTS. CONSULT LEGAL COUNSEL BEFORE SIGNING. 1. PARTIES AND DEFINITIONS
This Agreement (“Agreement”) is entered into between Royal Gorge Rock Steady LLC (“RGRS”), a Colorado entity conducting business as a rock climbing and bouldering gym, and the undersigned participant (“Participant”). The term “Released Parties” includes RGRS, its owners, employees, contractors, affiliates, insurers, property owners, and all persons or entities associated with RGRS operations. “Activities” encompass all climbing, bouldering, training, fitness exercises, spectating, or use of facilities, equipment, or programs operated by RGRS. 2. INHERENT RISK ACKNOWLEDGMENT
Participant expressly acknowledges and agrees that: - Rock climbing and bouldering involve unavoidable and inherent risks that may result in serious bodily injury, paralysis, or death, even with proper supervision, equipment, or precautions.
- These risks include, but are not limited to:
- Falls from heights onto climbing surfaces, flooring, or other participants;
- Equipment failure due to manufacturing defects, improper maintenance, or misuse;
- Collisions with walls, climbing holds, auto-belay systems, or falling debris;
- Participant error, including improper belaying, rope management, or use of crash pads;
- Spinning, breaking, or dislodging of climbing holds or anchor points;
- Negligence of other participants, staff, or third parties;
- Latent or obvious defects in RGRS facilities or equipment.
- Participant voluntarily assumes ALL RISKS, whether foreseen or unforeseen, related to participation in Activities.
3. EXPRESS ASSUMPTION OF RISK AND RELEASE OF LIABILITY
Participant hereby IRREVOCABLY RELEASES, DISCHARGES, AND COVENANTS NOT TO SUE the Released Parties from any and all claims, demands, damages, losses, liabilities, or causes of action (including attorneys’ fees and costs) arising from or related to: - Bodily injury, death, or property damage;
- Claims based on negligence, gross negligence, premises liability, product liability, breach of contract, or statutory violations;
- Acts, omissions, or errors in judgment by RGRS staff or third parties.
This release applies to all Activities, including those occurring before, during, or after Participant’s use of RGRS facilities. 4. INDEMNIFICATION AND DEFENSE OBLIGATIONS
Participant agrees to DEFEND, INDEMNIFY, AND HOLD HARMLESS the Released Parties against any claims brought by third parties (including Participant’s family, heirs, or assigns) arising from Participant’s: - Breach of this Agreement;
- Violation of RGRS rules, staff instructions, or safety protocols;
- Willful misconduct or gross negligence.
5. MEDICAL REPRESENTATIONS AND EMERGENCY CARE - Participant certifies they are in good physical/mental health, have no medical conditions that could endanger themselves or others, and possess adequate health insurance to cover injury-related costs.
- Participant authorizes RGRS to administer first aid or seek emergency medical care at Participant’s expense. RGRS assumes no responsibility for the quality or timeliness of such care.
6. SAFETY COVENANTS AND PARTICIPANT RESPONSIBILITIES
Participant agrees to: - Complete all required safety training before engaging in Activities;
- Inspect equipment and climbing surfaces prior to use and report defects immediately;
- Adhere to posted rules, staff directives, and industry-standard safety practices (e.g., double-checking knots, proper spotting techniques);
- Abstain from climbing under the influence of alcohol, drugs, or medications impairing judgment or coordination.
7. COMMUNITY CODE OF CONDUCT
RGRS prioritizes a safe, inclusive environment. Participant agrees to: - Respect all climbers, staff, and facilities;
- Refrain from reckless behavior, harassment, or discrimination;
- Assume shared responsibility for community safety (e.g., calling “CLIMBING” or “BELOW” to alert others).
8. MINOR PARTICIPANTS
All participants under 18 must have a Parent/Legal Guardian Waiver executed in person or via notarized electronic signature. Minors must be directly supervised by a parent/guardian or RGRS-certified instructor at all times. 9. GOVERNING LAW, VENUE, AND SEVERABILITY - This Agreement is governed by Colorado law, including the Colorado Premises Liability Act (§13-21-115) and relevant case law (e.g., Brigance v. Vail Summit Resorts, Inc., 2017 CO 54).
- Any legal action shall be filed in Fremont County District Court.
- If any clause is deemed unenforceable, the remainder of the Agreement remains valid.
10. PHOTOGRAPHIC/MEDIA RELEASE Participant grants RGRS perpetual, royalty-free rights to use images, video, or likeness for promotional, educational, or operational purposes. 11. ELECTRONIC SIGNATURE AND RECORD RETENTION - Participant consents to electronic signing and acknowledges this Agreement will be stored digitally for a minimum of 7 years.
- A copy may be requested via info@royalgorgerocksteady.com.
12. PARTICIPANT DECLARATION
By signing, Participant affirms: - They have read and fully understand this Agreement;
- They waive legal rights knowingly, voluntarily, and without coercion;
- They are at least 18 years old and legally competent to contract.
SIGNATURE BLOCK DISCLAIMER
This document is drafted to comply with Colorado law and industry best practices for climbing gyms. However, RGRS strongly recommends periodic review by a licensed Colorado attorney to ensure ongoing compliance with evolving statutes (e.g., Colorado Revised Statutes Title 13) and case law. Notice to Participant: This waiver supplements but does not replace RGRS’s duty to maintain reasonably safe facilities. Retain a copy for your records. Royal Gorge Rock Steady LLC
Cañon City, Colorado | info@royalgorgerocksteady.com | (719) 240-0898 Date: March 11, 2025 |
