LIABILITY WAIVER

POWER SPOT CLIMBING

 

Climber Agreement 

(Including assumption of risks and agreements of release and Indemnity)  

 

Please read this document carefully. It must be signed by all adult (eighteen years and older) climbers  who have access to the Austin, Texas climbing/bouldering gym of Power Spot Climbing, LLC, a Texas  limited liability company (the facility and ownership both being referred to below as “the gym”). “Climber” or “climbers” 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.

 

If the climber 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 climber. 

 

In consideration of being allowed on the premises of the gym I, an adult climber, or parent of a minor climber (for myself and on behalf of that minor climber), acknowledge and agree as follows:

 

Activities: Activities of the gym include bouldering on two artificial walls which are constructed to offer challenging movements over their surfaces.  The walls are twelve feet high and they include overhangs which vary from ten to fifty degrees. Parents and climbers accept the gym premises, facilities, and equipment “as is”. Climbers must pay attention to the condition of holds, flooring and other equipment, and to the conduct of other climbers.

 

The gym is open to only pre-qualified climbers.   The gym is designed and intended for trainers and trainees. Access is limited to climbers who have climbing experience and have been observed and tested by gym staff and determined to be competent in their climbing, dismounting and falling skills, do not require supervision and are willing to share responsibility for reasonably managing the risks of gym activities and caring for the gym while they are in it.  Gym Rules will be posted in the gym and at the gym’s website www.powerspotclimbing.com and must be strictly observed.  Offending climbers will lose their access privileges.  While its owners or their representatives may visit the gym from time to time, they accept no responsibility for the safety of the climbers. Climbers and parents must not assume that they are being managed, supervised, or even observed by the gym’s owners or any representative of the owners. Climbers in the Gym are solely responsible for their safety and for any loss or damage to the gym or its equipment. Kids’ Team coaches are independent contractors – NOT members of the Gym staff. Accordingly, they, not the gym, are responsible for any injury or other loss which occurs while the team is in the gym or its perimeter. 

 

Dangerous or inappropriate conduct, and damage to the walls and equipment of the gym must be reported promptly to the gym owners, as directed by signage within the gym. Cameras will record and retain a record of activities within the gym and will be review periodically. The gym reserves the right to terminate the access privileges of any climber who engages in conduct which owners deem abusive to other climbers or to the gym. I, climber or parent, represent that I have read the Gym Rules, explained them to the minor climber, if I am a parent, and agree that I and the minor will abide by these Rules and any specific request or instruction of staff.

 

Risks of the gym activities include, among others, the following: (1) failure  and misuse of climbing structures and holds. (2) falls and abrupt and possibly harmful contact with persons, structures and objects (3) a climber’s exceeding their capabilities or having a condition, physical or mental, which causes them to be as a danger to themselves or others; (4) carelessness and misjudgments, including negligence, of climbers, including by failing to follow Gym Rules (5) defects in or the failure of personal gear; (6) communicable diseases, including COVID-19, discussed below. The gym does not have medical care capabilities and in the event of an emergency, outside resources must be contacted as directed by signage within the gym., 

 

COVID-19: The threat of the Coronavirus disease, COVID-19, and its variants, requires a heightened awareness of the disease and preventative measures to reduce the chances of infection of visitors to the gym.  Important sources of such information are available on the gym’s website. All climbers, adult and minor, must carefully read, understand, and comply with the gym’s current COVID policies, which are all posted on the gym’s website. Center for Disease Control, State, and gym policies and guidelines are subject to change.

 

These and other risks are inherent in the activities of the gym and its premises; that is, without them, the visit to the gym would lose its value and appeal and vigorous participation would be discouraged. These and other risks can result in losses to climbers, including property damage, bodily injury, illness, permanent disability, paralysis, and even death.

 

Assumption of Risks

I hereby acknowledge the risks described above and their inherency, and that other risks, inherent and otherwise, may be encountered. I expressly assume all the risks, inherent or not, and whether or not described above, of visiting the gym, moving about its premises and using its equipment and facilities. If I am the parent of a minor climber, I have discussed the activities, risks, responsibilities and Gym Rules with the minor visitor who understands and accepts them. 

 

Release and Indemnity

I, an adult climber or parent (as parent, agreeing for myself and, to the maximum extent allowed by law, on behalf of a minor climber for whom I sign below) hereby agree to release and discharge Power Spot Climbing, LLC, its owners, officers, directors, employees, and volunteers (“Released Parties”) from all claims, liabilities, and losses asserted by or on behalf of me or the minor climber for whom I sign below arising from or related in any way to my, or the minor’s, visit to the gym, the use of its equipment and facilities, or otherwise being on the premises of the gym. I understand that by signing this document, I surrender my, and the minor climber’s right to make a claim or file a lawsuit against a Released Party for personal injury, illness, property damage, wrongful death, products liability, or any other theory, to the maximum extent allowed by law. 

 

I further agree to hold harmless and indemnify (that is, defend and pay or reimburse) the gym and the other Released Parties from any claim and from any liability, loss, damages or expenses (including attorney’s fees and insurance deductibles) resulting from 1) a claim brought by another climber or any other person for loss or damage caused by my or the minor climber’s acts or omissions; and 2) a claim brought by me or the minor climber, any member of my or the minor climber’s  family, in any way arising out of my or the minor’s visit to the gym, the use of its equipment and facilities, or otherwise being on the premises of the gym. 

 

These agreements of release and indemnity include loss, damage or expense claimed to have been caused in whole or in part by my or the minor climber’s becoming infected by, or infecting others with, a communicable disease, including COVID-19. The agreements include claims of negligence of a Released Party, but not gross negligence or intentionally wrongful conduct. 

 

Additional Provisions 

 

I, an adult climber or parent, acknowledge and agree to the following additional provisions:

 

Medical: Neither I nor the minor climber has any emotional or physical condition which would cause me, or them, to be a danger to ourselves or to others. The gym has no responsibility for responding to emergencies. It does not have medical personnel or treatment available to climbers. Emergency telephone numbers and procedures are posted in the gym. I agree to be responsible for medical costs incurred.

 

Media Release: I consent to the reproduction and use by the gym of photographs, videos, and other images and sound recordings of me, or the minor, without compensation, for advertising or other purposes. I release the gym and other Released Parties from any violation of any personal and/or proprietary right I or the child may have in connection with such representation or use. 

 

Dispute Resolution: For myself and for the minor climber, I agree to engage in good faith efforts to mediate any dispute that might arise between me or the minor and a Released Party. Should the dispute not be resolved by mediation, and a lawsuit is filed, I agree that the suit will be governed by the substantive laws of the State of Texas, not including the laws which might apply the laws of another jurisdiction. Any mediation or suit shall take place only in Austin, Travis County, Texas. 

 

This agreement will apply to my, or the child’s, visits to the gym until and including  the anniversary date of the signing of this document or until it is 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 climber 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, in any event, 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.

 

 

GYM Rules 

For myself and for the minor child I agree to the following Rules:

 

Visitors must:

• Have a valid waiver on file before entering gym.

• Complete the waiver. Failure to do so is to be a trespasser.

• Check-in at on the Power Spot App or the Power Spot iPad at the beginning of every visit.

• Attend orientation on first visit before using the premises.

• Ensure personal climbing equipment is in good working condition.

• Report any injuries immediately.

Visitors should:

• Be aware of surroundings. Do not stand, sit, or walk or climb below other climbers.

• Notify coaches, trainers, and/or Power Spot staff immediately if you see any unsafe activity or have any concerns.

• Avoid entering any route setting, construction, and roped off areas.

Age Limitations:

• Climbers under the age of 18 must be actively supervised by an adult at all times.

 

Inappropriate behavior will not be tolerated. This includes:

• Climbing under the influence of drugs or alcohol

• Smoking inside including e-cigarettes

• Acting disrespectful toward others

• Climbing barefoot or without close-toed shoes

• Horseplay such as running, yelling, inappropriate language, etc

• Eating or drinking on pads

• Climbing in inappropriate or excessively revealing clothing

• Bringing pets into the gym

I have read and accept these Rules, for myself and the minor climber, I have carefully read, understand and voluntarily sign this agreement and acknowledge that it shall be effective and binding upon me, my minor child or ward who is a visitor, and my, or the minor’s, family, heirs, executors, administrators, and representatives. I agree that if any portion of this Agreement is found by arbitration to be invalid, the balance of this Agreement shall continue in full force and effect. In deciding to be a visitor, for myself and for the minor child, I have relied on no written or oral representations, statements or inducements other than those in this agreement.