Visitor Agreement for the Texas gyms
Please read this document carefully. It must be signed by all adult (eighteen years and older) visitors to climbing gyms (“the gym”, “gyms” or “Summit”) in the State of Texas which are owned and operated by Higher Goals Now. “Visitors” as used in this agreement refers to persons who are engaged in the activities of the gym, observing or assisting the activities of others, or are otherwise on or moving about the premises of the gym, including its outside perimeter. If the visitor is a minor, at least one parent or legal. court-appointed, guardian (parent and guardian being referred to in this document as “parent”) must sign, as evidence of their agreement to these terms and conditions, for themselves and, to the maximum extent allowed by law, on behalf of the minor participant.
In consideration of being allowed on the premises of the gym I, an adult visitor, or parent of a minor visitor participant (for myself and on behalf of that minor visitor), acknowledge and agree as follows:
Activities: The activities of the gyms include climbing and bouldering on indoor and outdoor surfaces, yoga and fitness training, and other programs, events, instruction, and classes inside and outside the gym facilities, and with or without the supervision of staff or contractors. References in this agreement to “activities” include active engagement in a sport or recreation offered by the gym, use of the gym’s facilities and equipment, and simply being on and moving about the premises of the gym. Independent contractors may conduct certain activities of the gym, and those contractors – not the gym – are solely responsible for their acts and omissions.
Risks: Participation in the activities of the gyms will expose visitors to the risk of damage to property and personal injury, including paralysis and even death. Causes of such losses include: falling from climbing walls or other gym features; contact with walls, equipment, landing areas and other climbers, belayers and fixed objects; rope abrasion; rope entanglement; falling climbers; dropped items; cuts and abrasions resulting from contact with climbing hardware, walls and other structures; loose or damaged holds; failure of ropes, slings, helmets, harnesses, shoes, climbing hardware, anchor points, belay devices, or any part of a climbing wall or other gym structure; the use of exercise and training equipment which may be defective or fail; uneven walking surfaces; over-exertion in training or exercising; and negligence of other visitors including misuse of or failure to maintain control of equipment or engaging in conduct beyond their capabilities; communicable diseases, including the Coronavirus, discussed below. Summit staff and contractors may be negligent in the performance of their responsibilities, including misjudging a visitors competencies, and failing to follow gym policies and rules. Personal property (including vehicles or their contents and personal property placed in lockers) may be damaged, lost or stolen. Visitors, including those participating in gym activities, must not assume that they are being supervised or even observed by staff, except by special arrangement.
Helmets: Climbers may request a helmet from the gyms. While wearing a helmet is not required when climbing in the gyms, failing to do so may expose a climber to certain risks. This agreement extends to claims of loss arising from wearing and not wearing a helmet.
Equipment: Visitors who rent equipment from the gyms accept the equipment “AS IS.” Visitors accept responsibility for the care of the equipment during the rental period and agree to replace, at full value, any equipment not returned or returned in damaged condition. Visitors must advise Summit staff promptly if they observe damaged or defective equipment during use.
The risks described above, and others, are inherent in a visit to the gyms; that is, without them, the basic value and character of the activities would be altered. Other risks may be encountered, inherent and otherwise, and the description above is not intended to limit the extent or reach of this Visitor Agreement.
COVID-19: The threat of the COVID-19 virus (Coronavirus, “the virus”) requires a heightened awareness of the disease and preventative measures to reduce the chances of infection of visitors and staff. All visitors must read carefully, understand and comply with the gym’s COVID Customer Policies, attached hereto and requiring a separate signature of or on behalf of the visitor. Visitors must ask questions if they are not clear about preventative measures required by the Policies. Visitors 1) must be free of infection and circumstances (including recent travel and exposure to others) which might indicate the possibility of infection, 2) frequently sanitize hands and equipment 3) minimize close personal contact with others and wear a face cover as required by the Policies, 4) immediately report to staff any condition or conduct which might indicate the presence of or contribute to the spread of the virus, or any other communicable disease.
Assumption of Risks:
I voluntarily assume all risks of a visit to Summit, inherent or not and whether or not described above. If I am signing below as a parent or guardian, I have explained the activities and risks to the minor visitor, who understands them and wishes to visit the gym and participate in its activities nevertheless.
Release and Indemnity and Covenant Not to Sue: I, an adult visitor or, if the visitor is a minor, Parent or guardian of that minor, for myself and, if and to the extent allowed by governing law, on behalf of the minor, agree not to sue, and to release and to indemnify (meaning, to defend, and pay, including costs and attorneys fees and insurance deductibles ) Higher Goals Now, the owner or owners of the premises on which the activities are conducted, and sponsors of gym activities and events, and their respective successors, assigns owners, shareholders, members, officers, directors, and staff including volunteers (“Released Parties”) with respect to any and all claims of injury or other loss which I, or the minor visitor, or our respective heirs, representatives, executors, administrators and assigns may now have, or may have in the future, against any Released Party on account of any and all known and unknown, foreseen and unforeseen personal injuries, property damage, death, paralysis or accident of any kind and whenever occurring, arising out of or in any way related to my, or the minor child’s visit to a gym of Higher Goals Now, including the use of its facilities and equipment and otherwise being on the premises. These agreements include claims of loss arising from the negligence, wrongful acts, omissions, breach of warranty, or strict tort or product liability of a Released Party, but not claims of loss arising from the gross negligence or willful or wanton misconduct of a Released Party.
I agree, for myself and for the minor visitor, to read and abide by all rules posted in the gyms or otherwise communicated to visitors to the gyms, and to comply with requests and instructions of all staff, I represent that I have no, and the minor child has no, mental or physical limitations that would cause either of us to be a danger to ourselves or to others. In the event of an accident or other medical emergency, I hereby authorize the Released Parties to administer or obtain first aid and emergency medical services, including transportation, deemed necessary for me or for the child. I agree to be responsible for the costs of such medical care and transportation.
I hereby voluntarily waive any right I, or the minor child may have to a trial by jury in any action, proceeding or litigation involving any Released Party. The laws of the State of Texas (not including its “conflict of laws” rules which may call for the application of the laws of another jurisdiction) shall govern the rights and obligations of the parties to this Agreement and its interpretation, construction and enforceability. I agree that any lawsuit brought against any Released Party shall be brought and maintained solely in Cleveland County, Texas , and I consent to that jurisdiction for myself and for the minor visitor. If any portion of this Agreement is deemed invalid by a court of competent jurisdiction the remainder shall remain in full force and effect.
Summit is authorized to take and use photographic or other images of me or the minor at the gyms for promotional or other purposes, without liability or payment.
If COVID-19, or other communicable disease, contamination is suspected at the gym, and contact tracing is sought by a government health authority, I agree that the gym my give to that authority whatever information it has to allow the authority to contact me, as an adult visitor or Parent.
I am at least 18 years of age, I am legally competent to sign this agreement. I have carefully read this agreement and understand that its terms are legally binding upon me and upon the minor child, if any, and upon my, and the minor visitor’s, respective heirs, representatives, executors and administrators.
This agreement will apply to my, or the child’s, visits to the gym or gyms until and including January 2021, or until replaced by a new agreement which will apply to visits thereafter. Rights under this agreement, as to prior activities, will not be affected in any way by the new agreement.
I understand that if I misrepresent my age or relationship with a minor visitor or my, or the minor’s, mental or physical condition, I, or the minor for whom I purport to sign, will, in the event of a loss suffered, be considered a forger, and entitled to no more than the rights of a trespasser on the premises of the gyms; and I agree to release, not to sue, and to protect and indemnify the Released Parties with respect to losses suffered by, or caused by, me or the child as provided above.
A photocopy hereof, or a record of this Agreement sent and received by facsimile, email or other electronic transmission, shall be enforceable and shall have full legal effect as an original.