Notice: This is a legally binding contract. Please read this agreement carefully. It affects the legal rights of visitors and families of visitors to the premises of Valkyrie Ventures, LLC, a Texas Limited Liability Company doing business as Canyons Rock Climbing and referred to in this agreement as “The Gym”. It must be signed by each adult (18 years and older) visitor or, if the visitor is a minor, by a parent or legal (court appointed) guardian of the minor. The parent or guardian (both referred to in this document as “Parent”) signs and agrees for themselves and, to the maximum extent allowed by law, on behalf of the minor Visitor. As used herein, "Visitor" refers to an adult visitor who signs this agreement, and to a minor visitor on whose behalf it is signed by a Parent. In consideration of being allowed to participate in the climbing and other activities offered by The Gym, and the use of its equipment and facilities, I, an adult Visitor or Parent of a minor Visitor, understand, acknowledge and agree as follows: Activities: Activities offered by The Gym include climbing indoors on artificial walls or boulders, classes and private lessons in yoga, fitness, weight and mobility training (including the use of free weights and other exercise equipment), competitive team activities, a youth program and a variety of games including dodge ball, tug of war, and tag. Wall climbers may be supported by means of a “belay” – a system of ropes or cables, operated automatically or managed by a staff member or other person, at or near the base of the wall and at other points along and above the climbing route. Bouldering activities will not be belayed, spotted or otherwise managed by The Gym, although a climber may choose to be spotted (that is, observed and assisted) by another visitor to The Gym. Team training includes the use of special equipment including a slackline, hangboard gymnastic rings, a spray wall and, for more advanced climbers, a Moonboard. Training in belaying, including the use of the auto belay system, lead climbing, and top roping will be provided if requested. New visitors to The Gym must receive an orientation, assessment and, if necessary, training before participating in climbing activities. It is the responsibility of the Visitor to seek and obtain assistance, orientation, instruction, training and/or assessment from staff if and as needed prior to participating in any activity for which the Visitor is not trained or qualified. Staff are in the gym at all times, generally monitoring its activities and available to assist if requested. Except by special arrangement, they are NOT responsible for directly observing or supervising the participants in their activities, and in any event The Gym is not responsible for participants’ errors of judgement or execution in the conduct of its activities. Certain activities of The Gym are supervised and conducted by independent contractors. Such activities include, among others, Team activities on and off the premises of the Gym, and non-climbing activities including yoga and fitness training. The independent contractor – NOT The Gym - is responsible for the manner in which these activities are conducted, on and off Gym premises and including maintenance and use of equipment. Risks: The risks of the activities of The Gym and the use of its premises and equipment include, among others, the following: Moving about The Gym and the use of its facilities, including the locker rooms, restrooms , the weight room and the “birthday party room ” may result in a variety of physical and mental trauma, including injury, illness and, in extraordinary circumstances, even death. Risks of such injuries and other losses include, among others, the following: falls from walls, boulders and other elevated structures and exiting from those elements, abrupt contact with mats, flooring, climbing walls and their projections, exercise equipment, and other permanent and temporary structures; collisions with other persons; being struck by falling climbing tools and other gear; rope abrasion, from entanglement in ropes; failure of ropes, harnesses and other climbing equipment, anchors and holds on the climbing walls, belay devices and exercise equipment; over-exertion, sprains and strains from yoga and other activities; slips and falls on newly cleaned surfaces, emotional trauma caused by fear of heights; and the carelessness of other participants and visitors to The Gym, gym staff and contractors. Caution: indoor climbing is not the same as outdoor climbing, which requires specific additional skills. Unless special arrangements have been made with Gym staff, participants in The Gym activities should not assume that their activities are being supervised or even observed by Gym staff. The above description of risks does not include all possible risks associated with the activities of The Gym, its facilities and premises and does not limit the extent or scope of the following assumption of risks, release and indemnity. The risks described above, and others, are inherent in a visit to The Gym and its activities -- that is, they cannot be eliminated without destroying the basic nature of the Gym experience and reducing its appeal and value. Assumption of Risks: I, an adult Visitor or Parent, understand that the risks described above, and others, inherent or not, may result in loss of or damage to property, personal injuries, illness and even death. I, for myself, and, to the maximum extent allowed by applicable law, for the minor Visitor, nevertheless hereby expressly acknowledge and assume all such risks, inherent and otherwise and whether or not described above, and accept responsibility for all such risks and for injuries or other losses which may be suffered by me or by the minor Visitor related to an activity of the gym or simply moving about the premises. If the 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 chooses to participate, nevertheless. Release and Indemnity: I, an adult Visitor, or Parent of a minor Visitor (Parent, for myself and on behalf of the minor), hereby agree to release and discharge Valkyrie Ventures, LLC, doing business as Canyons Rock Climbing, its owners, directors, trustees, employees, officers, and contractors (referred to as “Released Parties”) from all claims and liabilities, including damage to property, personal injury, illness, and wrongful death, in any way arising from or related to my or the minor Visitor’s, participation in activities of The Center, including moving about its premises and the use of its facilities and equipment. I understand that by signing this document, I surrender my rights, and the rights of the minor for whom I sign below, to make a claim or file a lawsuit against The Gym or any other Released Party for property damage, personal injury, illness, wrongful death or otherwise. If I am an adult Visitor or Parent of a minor Visitor I further agree to defend and indemnify (that is, to pay or reimburse damages and costs, including attorneys’ fees and insurance deductibles) The Gym and the other Released Parties from any claim associated with my, or the minor Visitor’s, participation in activities of The Gym, including moving about its premises and the use of its facilities and equipment, whether brought by me, the minor Visitor, another visitor, a member of my, or the minor’s, family, a rescuer or any other person, for loss or damage either suffered by me or the minor, or caused in whole or in part by me or the minor. These agreements of release and indemnity include claims of loss or damage alleged to have been caused in whole or in part by the negligence, but not the intentional wrongs or gross negligence of The Gym or other Released Party. 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. Other: The activities of the gym require moderate to heavy physical exertion and can be physically and emotionally demanding. I represent that I am or, if applicable, the minor Visitor is, in good health and able to participate in Gym activities without being a danger to ourselves or others. I hereby 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 Gym for advertising, promotion, publicity, or any other purpose The Gym deem appropriate, without compensation to me or to the minor Visitor. I agree to read and comply with posted and other policies of The Gym and instructions and requirements of staff. I understand that The Gym reserves the right to withdraw a Visitor from any activity if the Visitor is violating policies or instructions. If the Visitor is a minor I, Parent, have discussed the policies of The Gym with the minor Visitor who agrees to comply with them. The terms of this agreement and any dispute between a Released Party and Visitor or Parent will be governed by the substantive laws of the State of Texas (not including laws which might apply the laws of another jurisdiction); and any suit or mediation of the dispute will take place solely in Collin County, Texas. This document is intended to be binding, to the fullest extent of the law, on each person signing below, a minor visitor of which they are parent or guardian, and their respective successors, heirs, executors, administrators and family members. If any part of this document is deemed by a court of competent jurisdiction to be unenforceable the remainder shall nevertheless be in full force and effect. The terms of this agreement cannot be altered except by a written document signed by the parties. This agreement will apply to my, or the minor Visitor’s, visit to the premises of The Gym on the date on which it is signed and thereafter until it is replaced by a later agreement. That later agreement will apply to visits thereafter but will have no effect on rights created by this agreement. June 7, 2025 |
