Climbing Collective Liability Release and Waiver
Posted October 18, 2023
THIS IS A LEGALLY BINDING LIABILITY RELEASE, WAIVER, EXPRESS ASSUMPTION OF RISK, INDEMNIFICATION, AND COVENANT NOT TO SUE (the “Release”) THAT AFFECTS YOUR LEGAL RIGHTS. By signing this Release you forever give up all your rights to recover compensation or obtain any other remedy for any injury or damage to yourself or your property or for your illness, injury or death arising out of your use of Climbing Collective’s facilities. “Climbing Collective” means Climbing Collective, LLC and specifically includes all of its subsidiaries, affiliates, employees, agents and owners and any third-party persons or organizations using the Facilities (as defined below) for events or programs.
I am voluntarily using the climbing, bouldering, equipment, programs and training facilities at Climbing Collective. “Facilities” are defined as the indoor and outdoor premises where Climbing Collective is located and where Climbing Collective is conducting programs, and everything on or in Climbing Collective’s premises that has been built, installed, provided or established to allow individuals to boulder, climb, train, spectate and otherwise enjoy its spaces including but not limited to climbing walls, handholds, flooring, slacklines, furniture and all equipment.
I confirm that I am healthy and physically fit and competent to use the Facilities and that I NOT PRESENTLY UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR ANY OTHER SUBSTANCE WHICH WOULD IMPAIR MY ABILITY TO ENTER INTO THIS RELEASE OR TO PARTICIPATE IN ANY ACTIVITIES. I further agree that I will not utilize the Facilities while UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR ANY OTHER SUBSTANCE WHICH WOULD IMPAIR MY ABILITY TO UTILIZE THE FACILITIES OR PARTICIPATE IN ANY ACTIVITIES.
I UNDERSTAND THAT THERE ARE RISKS (BOTH APPARENT AND UNANTICIPATED) INHERENT IN MY USE OF THE FACILITIES, INCLUDING THE RISK OF SERIOUS INJURIES TO MY PERSON AND/OR PROPERTY, PARALYSIS, AND/OR ILLNESS OR DEATH. I understand that the hazards and risks of using the Facilities include, but are not limited to the following: injuries arising from my falling and striking objects or individuals; my being struck by falling individuals or objects; failure of any part or all of the structure of the climbing walls, ropes, holds, auto-belays, climbing devices, training equipment, flooring system, or slackline; defective, worn, uneven, or separated flooring or additional pads; hazards created by additional pads; failure of any hardware used in the climbing walls or used to attach the climbing holds, anchors or ropes to the climbing walls; head injuries; injured, sprained or broken bones; tendonitis, bursitis or other connective tissue or overuse injuries; respiratory illness (including but not limited to COVID-19) or injury; injury due to the negligence of myself, employees or agents of Climbing Collective, and/or any other individuals, members or guests of Climbing Collective. I understand that the hazards and risks described above are examples only, and that there are numerous other known and unknown hazards and risks inherent in using the Facilities to which I may be exposed that may also result in serious injury, illness or death to myself or others. I understand that my use of the Facilities and any instruction or knowledge I receive at Climbing Collective is NOT SUFFICIENT to prepare me for the dangers and risks of indoor or outdoor bouldering or climbing. I understand that Climbing Collective strongly recommends that I have adequate medical and life insurance and I agree that I am solely responsible for all costs and expenses arising out of or related to any injury or illness (including paralysis or death) I may suffer at Climbing Collective.
In addition to any fees I have paid or will pay, as lawful consideration for my being allowed to use the Facilities, I, on behalf of myself, my family, heirs, successors, assigns or anyone else claiming any interest through me, hereby KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY WAIVE, RELEASE, and agree to INDEMNIFY and to HOLD HARMLESS Climbing Collective and all of its employees, guides, volunteers, officers, managers, members, consultants, assigns, and agents (collectively referred to as the "Released Parties") FROM ANY AND ALL ACTIONS, SUITS, CLAIMS, DAMAGES, LIABILITY, AND LOSS (INCLUDING ATTORNEY FEES AND COSTS), that I, my family, heirs, successors, assigns or anyone claiming any interest through me may have related to or arising out of my use of Climbing Collective Facilities or equipment and my access or visitation at Climbing Collective premises or participation in any Climbing Collective programs, including but not limited to any damage to persons or property, any injury, illness or death to myself or any other person, whether or not any of the foregoing results from or is caused by the NEGLIGENCE of any of the Released Parties or from some other cause.
In addition to any fees I have paid or will pay, as lawful consideration for my being allowed to use the Facilities, I hereby PERSONALLY ASSUME ALL RISKS and accept full responsibility for any and all damage, injury, illness, paralysis or death to myself or others arising from or related to my use of the Facilities, programs, instruction, training and equipment. I ACCEPT THE FACILITIES and ALL PROGRAMS, INSTRUCTION, TRAINING AND EQUIPMENT “AS IS” that may be provided by or on behalf of the FACILITY or the RELEASED PARTIES and without any representations or warranties, express or implied. I understand and explicitly agree that NEITHER I, MY FAMILY, HEIRS, SUCCESSORS, ASSIGNS OR ANYONE CLAIMING ANY INTEREST THROUGH ME, WILL BRING ANY LEGAL ACTION WHATSOEVER AGAINST ANY OF THE RELEASED PARTIES arising out of or as a result of my use of the Facilities. I, AND MY ESTATE IF I DIE, HEREBY HOLD HARMLESS AND INDEMNIFY ALL OF THE RELEASED PARTIES FOR ANY AND ALL CLAIMS, INCLUDING ATTORNEY FEES AND COSTS, WHICH MAY BE BROUGHT AGAINST ANY OR ALL OF THE RELEASED PARTIES BY ANYONE CLAIMING TO HAVE BEEN INJURED AS A RESULT OF MY DEATH, ANY INJURY TO ME OR MY PROPERTY OR THROUGH MY ACTIONS, WHICH CLAIMS AROSE FROM OR ARE RELATED TO MY USE OF THE FACILITIES.
By signing this document, I AGREE, ON BEHALF OF MYSELF AND ANYONE CLAIMING BY, THROUGH OR UNDER ME, TO RELEASE, WAIVE, HOLD HARMLESS, AND INDEMNIFY ALL OF THE RELEASED PARTIES FROM ANY AND ALL LIABILITY CONNECTED WITH MY USE OF THE FACILITIES (including, but not limited to, the negligence of the Released Parties, whether passive or active), and to personally assume all risk of injury or death. I understand and agree that the terms of this Release are legally binding and understand that I would not be permitted to use the Facilities without agreeing to this Release. This Release contains the entire agreement between myself and Climbing Collective regarding the subject matter of this Release, and no verbal representations or statements have been made to me that change, alter or modify any part of this Release.
This Release shall be governed by and interpreted under the laws of Colorado, without regard to its conflict of laws provisions. If any lawsuit or claim is brought that arises out of or relates to my use of the Facilities, I agree that jurisdiction and venue for such suit shall be in the appropriate state or federal court located in Denver or Boulder, Colorado and hereby irrevocably waive any other jurisdiction or venue to which I or my estate might otherwise be entitled. The prevailing party in any action brought in connection with this Release or my use of the Facilities shall be entitled to recover its costs and expenses, including attorney’s fees and costs. If any provision of this Release is held to be invalid or unenforceable, in whole or in part, by any court of competent jurisdiction, such provision shall be amended to conform to the requirements of the law so as to be valid and enforceable, provided that such provision shall be curtailed, limited, or eliminated only to the minimum extent necessary to remove the invalidity, illegality or unenforceability and the rest of this Release shall remain in full force and effect. This Release supersedes all prior Releases that I have signed relating to my use of the Facilities (if any). This Release shall remain in full force and effect for so long as I live or until I sign a new Release. I understand and agree that the provisions of this Release shall survive the termination of this Release upon my death. This Release may be executed in one or more counterparts each of which shall be deemed an original, and all of which together constitute one and the same Release. I agree that electronic signatures and initials shall be accepted as original signatures and initials.
Climbing Collective values your privacy, and our privacy policy protects you by strictly following applicable US laws. By signing this waiver, I agree to receive service and marketing communications at the email addresses and phone numbers I have provided. You may opt out of marketing communications at any time by clicking the unsubscribe link in an email or replying "Stop" to a text message. I also accept the terms of the privacy policy, which can be found at https://www.climbingcollective.co/privacy-policy.
I understand that my use of the Facilities may be photographed 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 any additional permission or compensation to me.
Climbing Collective may modify or amend this Release without limitation provided that Climbing Collective provides signer at least fourteen (14) calendar days’ prior notice of such changes. Such notice may be made by means of email or by posting an updated version of this Release at https://www.climbingcollective.co/waiver. Customer acknowledges and agrees that continued use of the Facilities following notification of any modification or amendment to this Release is evidence of consent and agreement to the modification and/or amendment.
I hereby affirm that I have carefully read this Release in its entirety and I agree that all my questions regarding this Release have been answered to my satisfaction I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS.
By my signature below, I agree to all terms and conditions of this Release and that THIS RELEASE WAS GIVEN KNOWINGLY AND AS THE UNDERSIGNED’S OWN FREE ACT. I HAVE READ AND UNDERSTAND this Release, and sign this Release on behalf of myself, my estate, and my successors, heirs and assigns.
I HEREBY ACKNOWLEDGE AND AGREE that I’ve read and agree to follow the Climbing Collective Code of Conduct and will obey all other stated or posted rules associated with the use of Climbing Collective Facilities. Climbing Collective management reserves the right to withdraw membership or guest privileges of any individual permanently or for a specified period of time for failure to follow the Code of Conduct, staff instructions or for any conduct that is viewed as unsafe or inappropriate. Climbing Collective further reserves the right to limit or deny use of the Facilities for any reason whatsoever.
Climbing Collective Code of Conduct
Climbing Collective members and guests are expected to treat each other in a positive and respectful manner.
Climbing Collective guests will not engage in any behavior that would endanger the health, safety, or well-being of any member/guest using the Facilities.
Members and guests should make an effort to keep the gym tidy and clean for other guests. Every effort should be made to avoid creating a mess (chalk spills, trash, food or beverage spills, etc.) and clean up any they do make.
Only Climbing Collective members, their paid guests, and others authorized by the Climbing Collective may access the Facilities. Anyone not authorized by the Climbing Collective may not enter the property.
Guests of Climbing Collective members must be accompanied by a member at all times. Every guest must fill out the required liability waiver and pay the required fee every time they visit the Climbing Collective. All members will be held responsible for the behavior of their guests.
Member access cards cannot be shared with non-members. Each member is personally responsible for anyone they let into the Facilities.
Climbing Collective guests will not take anything from the Facilities that does not belong to them.
Congregating or remaining in the Facilities outside of operating hours is strictly prohibited without express permission from the General Manager.
Climbing Collective guests must respect and obey all local laws and respect the neighboring businesses.