In consideration of the use of the premises, facilities and services of Crux Climbing Gym, LLC, a Texas limited liability company doing business as Crux Climbing Center (“The Gym”), I, an adult (eighteen years of age or older) visitor to The Gym (“Adult Visitor”) or the parent or legally appointed guardian (either, “Parent”) of a visitor who is a minor (“Minor Visitor”), on my own behalf and, to the extent allowed by law, on behalf of the Minor Visitor, understand, acknowledge and agree as follows:
Activities: I understand that the activities offered by The Gym include the following: climbing , including being belayed, on and rappelling from artificial indoor walls at heights approximating 30 feet; the use of auto belays and manual belay systems; bouldering, including the probability of falling onto padded surfaces; slacklining; independent and group exercising, including the use of exercise equipment; classes, programs, teams, events and competitions; and otherwise moving about The Gym’s premises including its outside perimeter (“Activities”). Bouldering, slacklining, and certain other aerial activities will not use harnesses or ropes for fall protection. Visitors share the responsibility for managing the risks of the activities, supervised or not, and must follow the Climbing Orientation and the Gym Rules, set forth at the end of this Visitor Agreement, posted in the Gym or on its website, or otherwise described by staff. Participants in Gym Activities must pay attention to the condition of ropes, anchors, holds and other equipment used by them and advise staff of any damage caused or observed.
While instruction and orientation will be provided for some Activities, and certain classes and programs may be attended by staff, visitors should not assume that they are being supervised or observed in their Activities, or, if they are, that staff will intervene for any purpose, including potentially dangerous conduct or conditions. The Gym may from time to time use the services of independent contractors. Those contractors, and not The Gym, are responsible for their acts or omissions, and disputes arising from their conduct must be resolved with the contractor, not The Gym.
Risks: I understand that the Activities require moderate to heavy physical exertion and represent that neither I, nor the Minor Visitor (if applicable), has any mental or physical condition that might create risks to myself (or to the Minor Visitor), or to others. I understand that climbing and other Activities of The Gym are dangerous and that visitors will be exposed to risks including, among others, the following: (1) slips, falls, abrasions or collisions while using the facilities, climbing walls and boulders, floors, landing areas, entrances and exits, and other facilities or equipment; (2) misuse of equipment (including, importantly, failure to properly clip into and operate the auto-belays) and facilities; (3) failure of hardware or equipment, including but not limited to worn or defective safety equipment (for example,. flooring or pads, ropes, slings, anchors, harnesses, fall protection materials and devices, climbing holds); (4) my, or the Minor Visitor’s, physical strength, coordination, sense of balance or ability to give or follow directions when climbing, belaying, using an auto belay or otherwise participating in Activities; (5) entanglement with ropes or equipment; (6) bad decision making by me or the Minor Visitor, including, if I am an Adult Visitor or Parent, while assisting the Minor Visitor in Activities; (7) falling climbers or dropped ropes, climbing hardware, wall components, and other items or personal effects: (8) failed, or failing, equipment, hardware or gear; (9) dogs and any and all risks inherently associated with being around them, including risk of being bitten, mauled, tripped by, exposure to excrement, disease, fleas, allergens ;and (10) the acts or omissions of other persons, including Gym staff, which might include inadequate or faulty instructions (“Risks”). The Gym offers certain items for rent, including helmets. The Gym does not warrant, and specifically disclaims any warranty or representation, expressed or implied, of fitness, condition or otherwise, of rented items. I understand that Gym staff is not responsible for the condition of any equipment I bring to the Gym, even if it is inspected by Gym staff, including harnesses, belay devices, and ropes, and that it is my responsibility to continually inspect and maintain such equipment and follow the manufacturers’ instructions. The Gym encourages the use of helmets while rope climbing and assumes no responsibility for injuries arising from the use of, or failure to use, helmets. I understand that helmets may reduce or mitigate the severity of head injuries but are in no way a guarantee of safety. I further recognize that helmets have limited capability to absorb shock and that serious injury or death can result from both low and highenergy impacts, even when a helmet is worn. Boulderers can expect to fall, and falls from certain positions can result in serious injury regardless of floor covering and other fall protection strategies. Boulderers must carefully assess their competencies, in climbing and falling, practice down-climbing as a preferred alternative to jumping, and increase climbing heights and complexity of moves thoughtfully.
The Risks described above and others are inherent to The Gym, its Activities and premises; they cannot be eliminated without destroying the basic nature of a visit to The Gym and participation in its Activities.
Assumption of Risks: I understand that the Risks described above, and others, inherent or not, may result in all manner of trauma including abrasions, breaks, sprains, punctures, serious injury and even death. I acknowledge and assume all such Risks, inherent and otherwise, whether or not described above. I will carefully read and comply with the Rules, warnings and instructional signage of The Gym. If the visitor is a Minor, I, Parent, have discussed the Rules of The Gym, Activities and Risks with the Minor who understands them and wishes to participate nevertheless.
Release and Indemnity: I, an Adult Visitor or Parent (for myself and to the extent allowed by the laws of the State of Texas on behalf of the Minor Visitor), agree to release, not to sue, and to defend and indemnify (that is, to defend and pay or reimburse damages and costs, including attorneys’ fees), Crux Climbing Gym, LLC., its owners, directors, officers, volunteers, and employees (“Released Parties”) with respect to any claim, including claims of products liability, related in any way to my, or the Minor Visitor’s, visit to The Gym or participation in any Activities of or at The Gym. These agreements of release and indemnity include loss or damage caused or claimed to be caused in whole or in part by the negligence, but not the intentional wrongs or gross negligence, of a Released Party.
Other: Climbing at The Gym is not the same as climbing outdoors or on other artificial rock surfaces. I understand that any instruction I may receive at The Gym or in connection with any Activity is not necessarily applicable to other real or artificial rock climbing and that such instruction does not prepare me to climb without supervision.
No Visitor is allowed in an activity area of the Gym who is under the influence of alcohol or any other substance, or who, for any reason, might be a danger to themselves or to others.
Medical: The Gym has no medical personnel or treatment available to visitors. I hereby authorize and grant permission to the Gym to secure emergency medical treatment for me or, if the Minor Visitor Child is the Visitor, for the Minor Visitor Child. I have insurance sufficient to cover medical costs that may be incurred, and in any event I agree to be responsible for such costs.
I hereby give my permission and consent to Crux Climbing Gym, LLC to take photographs, videotapes, and other images of me or the Minor Visitor without compensation and for any reason it considers appropriate.
In the event I or the Minor Visitor suffer any injury, however minor, while at The Gym, I agree to notify an employee of The Gym immediately.
The terms of this agreement and any dispute between a Released Party and a Visitor or Parent, related to this agreement or otherwise, will be governed by the substantive laws (not including laws which might apply the laws of another jurisdiction) of the State of Texas. Any suit or mediation of the dispute will take place solely in Travis County, Texas. I consent to the jurisdiction of the courts of appropriate jurisdiction in such county, for myself or on behalf of the Minor Visitor.
This document is intended to be binding, to the fullest extent of the law, on all persons signing below, the Minor Visitor, if any, and their respective successors, heirs, executors, administrators and family members. It may not be altered. 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.
I understand that The Gym may require verification of the signature of a Parent who does not accompany the Minor Visitor, by a copy of the Parent’s driver’s license or otherwise.
This agreement will govern visits to the premises of The Gym on the date on which it is signed and thereafter until it is withdrawn or replaced by a subsequent agreement which will apply to visits thereafter.