Ubergrippen Climbing NE Denver, LLC and UG Castle Rock, LLC their subsidiaries, affiliates, parent companies, licensees, landlords, and holding companies, as well as its employees, agents, directors, officers, members, investors, sponsors, advertisers, volunteers, contractors, subrogors, and other climbers, patrons, members, and guests (hereinafter Übergrippen), hope you have a rewarding experience. We wish to inform our guests/members that bouldering, slacklining, exercise, fitness, and climbing solo, belayed, or using an automatic belay device, (hereinafter Climbing) is not risk-free. The same elements that contribute to the unique character and fun of Climbing such as the physical exertion or the settings can cause loss or damage to equipment, injury, illness, or in extreme cases, permanent trauma, or death. We do not want to heighten or reduce your enthusiasm for the experience, but we do want you to know in advance what to expect, and to be informed of the possible risks. We ask that you read this, sign it, and return it to our office. EXPRESS ASSUMPTION OF THE RISK There are risks that accompany all aspects of life as well as Climbing. Some of these risks are inherent in the activity; some are changed, increased, or decreased due to the activities of Übergrippen. You must understand and accept all the risks of the activity, inherent and others. Rock climbing and using indoor climbing walls like all recreation activities is hazardous. The obvious accident that occurs in Climbing is falling. Whenever you fall you may fall only a few feet or all the way to the floor. As you fall you may hit objects or the wall that is in your path. If the rope catches your fall, the jolt from the rope may cause injury. Falling to the ground may cause serious injury from any height. Before Climbing make sure you understand your harness and the equipment you will be using. Make sure your harness is on correctly, and you are properly tied into the rope or belay system. Double back your harness waist belt and others as required. If you have any doubts or concerns ask an Übergrippen employee. Always tie or clip into the rope or belay system using the proper point on the harness and the rope or belay system. Double-check, inspect, and test all knots, and buckles, and close and lock all carabiners before climbing. Before Climbing always double-check your gear and your climbing partner’s gear including all harnesses, knots, carabiners, belay devices, and/or autobelays. Make sure your belayer is using the belay system properly and understands the communication system and commands you will be using. As you tie in, examine the rope and equipment to make sure they are in good working order with no damage or excessively worn places or frays. Do the same with your harness before putting it on. Look for frayed edges or threads that are coming out, which is a sign the harness may be getting old. Always replace your harness, rope, or equipment after finding any signs of excessive wear. Inspect and replace your equipment per the manufacturer’s guidelines for wear, damage, age, use, or time in the sun. When Bouldering (un-roped climbing), every fall is a ground fall that could result in injury or death; never boulder above a height you are not prepared to fall from. Before starting Climbing, understand where you’re landing maybe if you fall, and ensure there are no objects (people, water bottles, chalk pots, brushes, shoes, bags, ropes, etc.) in your fall zone. Never climb above the top of the bouldering wall in the bouldering area. If you top out while bouldering on our outside feature, always use designated down-climb routes to return to the ground. Never climb more than 4 feet above the height of the floor when bouldering in areas designated for roped climbing. Never climb/boulder under other climbers (including both the bouldering and roped wall areas). When bouldering, always down climb, when possible, to reduce the height from where you drop. Use proper falling techniques to reduce injuries. Always land in a way where you can avoid objects or people below you and provide the most protection for yourself. Learning how to fall when climbing or bouldering is an important skill to know. In addition to the hazards of falling, objects falling off the wall may hit you. Holds, climbing equipment and even people may fall and hit you while you are under the climbing wall. While walking near the wall or belaying, make sure you are not standing under someone or something that may fall. Equipment may fail. Climbing equipment and holds are tested before use; however, the extreme conditions in which climbing equipment is used, in conjunction with the damages caused by the wall can cause climbing equipment and holds to fail. Improper use of the equipment or not properly tying in will result in injury. Climbing holds spin and can break; as a hold is used it loosens causing the hold to spin in your hands. If you find a hold that is loose spins or broken, please notify management. As you climb you might become unclipped always pay attention to your protection while climbing. Climber/Belayer Certification: Before any guest can lead climb, belay, lead belay, or use an Autobelay they must first obtain Übergrippen certification of each skill. Upon certification, your guest record will be updated indicating you have completed this certification by Übergrippen. Failing to complete the Übergrippen certification before you belay lead climb, lead belay, or Autobelay you will be removed from the facility, and cancellation of any membership or passes without a refund. You will experience cuts or abrasions from holding on to the holds or wall. You may also experience rope burns from handling the rope or during a fall. Be aware of any sharp edges on the holds or the climbing surface as well as any protruding nuts, bolts, or screws. If someone falls while you are belaying, you may experience a jolt causing you to move, fall, or be pulled into the air or against the climbing wall. Do not lose your concentration at these times; the safety of the climber is in your hands. You will be coming in contact with equipment, holds, the wall, ropes, gear, furniture, and other items that have been touched or used by other guests, as well as coming in contact with other guests. Maintain proper social distancing, use appropriate gloves, masks, and other personal protection equipment to protect you and other guests. Always wipe down any equipment you have used and disinfect if necessary. You assume the risk of becoming a carrier or becoming sick from any illness, virus, bacterial infection, or other disease while at any meet, practice, competition, event, or other meeting. It is also possible that some participants would suffer mental anguish or trauma from the experience or their injuries. This list is not an exclusive or exhaustive list of possible injuries, trauma, or accidents that may occur while climbing. Most of these injuries are rare, and you are not likely to encounter them. However, they have occurred, and you need to know about them and other possible injuries not mentioned above. These injuries occur more often when the participants are using drugs or alcohol or are not physically able to undertake the activity. Always understand and obey all rules of Übergrippen. You agree NOT to go Climbing while under the influence of alcohol or any drugs (including but not limited to prescription drugs and over-the-counter medication) that may impair your ability. You agree to seek qualified instruction whenever learning new Climbing skills and understand you are responsible for selecting and vetting your instructors. Übergrippen is not liable for instructions you receive from other persons in the facility. You agree that you will not belay someone, use auto belays, lead climb, and/or lead belay unless you have taken AND passed the appropriate skills certification tests at Übergrippen and are of the required minimum age or older. Übergrippen has the right to stop you from climbing if we observe that the equipment or the climbing and/or belaying technique you are using poses a potential risk to you or other members or guests, however Übergrippen cannot spot all issues or problems with equipment or Climbing technique; it is your responsibility to keep your equipment in good condition and replace it when necessary, to obtain proper training and certification of Climbing skills, and to select Climbing partners you are confident in their skills. You agree that any children that come to Übergrippen under the age of 14 must be directly supervised bya person that is 14 years or older or participating in an Übergrippen staff supervised program/activity and that children under 14 are prohibited from using our fitness equipment. You agree to read and follow all facility rules, signs, and staff instructions, respect others, and conduct yourself in a good manner and that failure to adhere to any of these can result in you being asked to leave Übergrippen. If you do not want to sign this release, you understand you cannot enter the facility or go Climbing, and you are free to climb with other companies. All members and guests are responsible for securing their own health insurance. Übergrippen does not provide medical coverage for injuries sustained on the premises or while participating in Übergrippen-sponsored activities and events, whether on the premises or not. You agree that you have adequate health, disability, and life insurance for your family and yourself. You certify that you have reviewed this document with your family. You certify that you have examined the Übergrippen website and looked over the information, risks, and videos posted on the company website. You certify that your family, including minor children and yourself, are fully capable of participating in a Climbing program. You state that you have read the above statement on some of the possible risks in this activity. Therefore, you assume full responsibility for yourself, and your family, including minor children, for bodily injury, death, and loss of personal property and any expenses as a result of your negligence, negligence of your family, or the negligence of Übergrippen. You hereby expressly consent and assume all risks of the activity for yourself and your family, including the risksassociated with traveling to and from the activity. You also understand that Übergrippen reserves the right to refuse any person it judges to be incapable of meeting the rigors and requirements of participating in Climbing. Your family and you are in good physical condition and able to undertake this activity. You understand and agree that this is a voluntary activity, and you are doing so for recreational purposes and do so voluntarily. If you have brought minor children to Übergrippen, you agree to read and explain to those minors all posted signs and warnings, including instructions on the use of equipment as well as the risks outlined in this agreement, and agree participants will obey all signs, and warnings posted and to obey instructions from staff. CONTRACT, WAIVER, RELEASE, AND INDEMNIFICATION For the opportunity of Climbing at Übergrippen as consideration, you agree to waive any legal right to any claim and agree to indemnify and hold harmless Übergrippen. their agents and employees from all claims, damages, losses, injuries, and expenses arising out of or resulting from your family’s or your participation in these activities for all past, present, or future claims, demands, and causes of action. This release of liability covers all risks of the activity and any negligence of Übergrippen, including claims for negligent hiring, instruction, operation, or other forms of negligence not normally associated with the Activity or associated with the business and employees. You agree that Übergrippen has a subrogation/right to indemnification for your actions based on any permit, grant, contract, or agreement with third parties. You further agree to release, acquit, and covenant not to sue Übergrippen, their agents, and employees for all actions, causes of action, past, present, or future claims or damages, damages in law or remedies in equity of whatever kind, including the negligenceof Übergrippen, negligence of another participant, or negligence of your family, yourself, or your heirs, against Übergrippen arising out of participation in this program. This agreement covers the incidental transportation to and from any recreation location. In short, you cannot sue Übergrippen or anyone else for any reason if you or your family or minor child may receive an injury, and if you do, you cannot collect any money. This release shall not be superseded by any other agreement, nor shall this release supersede any agreement, whether there is any perceived inconsistency or not. You agree to indemnify, agree to subrogation, and reimburse Übergrippen for any damages, costs, fees, or expenses Übergrippen expends on you or your family’s behalf, or for any damages you may do to third parties. You understand this means you are the insurer for Übergrippen for any actions or damages, you or your family may incur. You agree to the site of any lawsuit and the law governing any such lawsuit shall be the City andCounty of Denver Colorado and governed by Colorado Law no matter the perceived or actual difficulties, deprivation of a meaningful day in court, or the harm to either party’s case or trial in the City andCounty of Denver Colorado applying Colorado Law. You understand and agree that you may be giving up the right to a deprivation of a meaningful day in court and that there are no extraordinary circumstances that would change that legal issue. You agree this forum selection clause applies to all claims, counterclaims, defenses, and third-party claims brought by either party to this agreement. The terms of this agreement shall continue and be, in effect, after your Climbing has ended. No changes to this document are valid. As liquidated damages, you hereby agree that if Übergrippen is forced to defend any action, lawsuit, or litigation or for breach of the covenant not to sue or the covenant of good faith and fair dealing, by yourself, your executors, or your heirs, on your family’s or your behalf, your heirs or executors, and you agree to pay Übergrippen’s costs and attorney’s fees if they successfully defend such action, lawsuit or litigation. You understand and agree that you are indemnifying Übergrippen for any claim you may bring or for any injury you may receive. If you do, you will pay Übergrippen’s damages and costs, including attorney fees. Should any sentence, clause, paragraph, or part of this agreement be declared unenforceable by a court of competent jurisdiction, the remaining parts or paragraphs shall remain in full force and effect. This release is intended to be interpreted as broadly as possible to affect the intent and purpose of the release. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties, and all prior understandings or communications, electronic, online, written, or oral, are superseded by this Agreement. You acknowledge that you have received a Copy of this Document if you wanted one. You understand that you are signing this document electronically or maybe signing this document electronically in the future. You understand and agree under state and Federal law; there is no difference between signing this electronically or in writing. You Have Had Sufficient Opportunity to Read and Understand this Agreement. You are Voluntarily Signing this Agreement. You understand you are giving up certain legal rights. By signing this you understand you cannot sue for any reason. If you do sue you cannot collect any money. If you sue and lose you will owe us money. You understand that pursuant to Colorado Revised Statutes § 13-22-107, this release is effective in preventing claims or litigation for injuries your child may receive. You confirm, UNDER PENALTY OF PERJURY, that you are the PARENT or COURT-APPOINTED LEGAL GUARDIAN For ALL children under 18 years old that you are signing this release for. Dated: April 26, 2024 |
