(including assumption of risks and agreements of release and indemnity)
Please read this document carefully. It affects the legal rights of visitors (“Visitors”) to the premises of, or other site of an activity of, Threshold Climbing + Fitness, a d/b/a of Threshold LLC (“Threshold”). This Visitor Agreement (“Agreement”) must be signed by each adult (18 years of age or older) Visitor or, if the Visitor is a minor, by a parent or legal (court appointed) guardian of that minor Visitor. The parent or guardian signs and agrees for himself or herself and, to the extent allowed by law, on behalf of the minor Visitor.
In consideration of the services of Threshold, I, an adult Visitor, or parent or legal guardian of a minor Visitor, hereby acknowledge and agree as follows:
Activities: Activities of Threshold (“Threshold Activities”) are conducted in the climbing gym, its perimeter and neighborhood, and at remote climbing sites. Threshold Activities include indoor wall and outdoor natural rock climbing, bouldering and rappelling; yoga and other fitness training; motor vehicle travel to and from outdoor climbing and other activity sites; overnight camping; moving about the activity sites and the use of Threshold equipment; and any and all other activities in any way associated with Threshold. Visitors may not engage in climbing or other Threshold Activities without having first received staff orientations to the Threshold gym or other activity site. In addition, Visitors must pass proficiency tests, conducted by qualified Threshold personnel, before engaging in auto-belay climbing, top rope belaying, top rope climbing, lead belaying and lead climbing, at the gym or other site. It is the responsibility of the Visitor to request such tests at the front desk of the Threshold gym before engaging in these activities. Visitor is limited to the activities for which Visitor has passed proficiency tests and must wear his or her certification tag at all times. These orientations and proficiency tests and certifications do not extend to climbing in other venues, including outdoor sites. Visitors must comply with these and all other Threshold rules in effect from time to time and violators will be asked to leave the premises.
Risks: The risks of Threshold Activities include, among others, falling from the climbing surface; loose, unstable and damaged natural or artificial holds; swinging into and otherwise colliding with other climbers and natural and man-made structures; abrasions from the walls or rock or other surfaces, ropes and pads; the malfunction and failure of equipment including belay and other support mechanisms and harnesses; the use and misuse of fitness and exercise equipment, climbing ropes, auto-belays, and related equipment; persons climbing out of control or beyond personal limits; collisions, including with automobiles, resulting from running on and along city streets; overexertion; preexisting injuries and medical conditions; inadequate physical conditioning; and the negligence of Visitor, parents and guardians and other persons, including the staff of Threshold. Risks particular to outdoor environments include cuts and burns and other camping accidents; moving over uneven terrain and crossing streams or other bodies of water; slips and falls, including inadvertently moving too close to the edge of cliffs atop climbing sites and elsewhere; being struck by rock fall or other objects dislodged or thrown from above; exposure to plants, animals and insects which may cause harm; lightning, sudden weather changes and extreme heat and cold and related illnesses. Evacuation and emergency medical care may be delayed. Visitors may be transported by Threshold staff to certain activity sites, and will be exposed to the risks of such travel. During camping activities, Visitors who move about the site under even the mild influence of alcohol greatly increase the risk of harm to themselves and others. Alcohol should be consumed cautiously, if at all, when camping at remote sites, and is strictly prohibited in the Threshold gym and its vicinity or in Threshold vehicles. Visitors must not be under the influence of alcohol while engaged in climbing or related activities, indoors or out. These and other risks of Threshold Activities are inherent; that is, they cannot be eliminated without altering the nature and quality of the experience.
Assumption of Risks: If I am an adult Visitor, I accept and assume all risks of Threshold Activities, inherent and otherwise and whether or not described above. My participation in Threshold Activities is voluntary. If Visitor is a minor, I, parent or guardian, have discussed the activities and risks with him or her, and the minor Visitor understands them and wishes to participate nevertheless.
Release and Indemnity: I, an adult Visitor, or parent or guardian of a minor Visitor (for myself and, to the extent permitted by law, on behalf of the minor Visitor) hereby agree to release and discharge Threshold and its owners, directors, trustees, employees, officers, contractors and owners of sites on which Threshold Activities are conducted (individually, a “Released Party” and collectively, the “Released Parties”) from all claims, actions, suits or demands of any kind or nature whatsoever which I or the minor Visitor may have, including for personal injury, property damage, wrongful death or otherwise, in any way arising from or connected with my or the minor Visitor’s visit to the Threshold gym or other activity site, participation in any Threshold Activities, the use of Threshold’s equipment or facilities or transportation to and from a remote site (“Claims”).
I further agree to indemnify, defend and hold harmless Threshold and the other Released Parties from any Claims, whether made by me, the minor Visitor, a member of my or the minor Visitor’s family, a rescuer or any other person, for loss or damage suffered by or caused by me or the minor Visitor.
The ABOVE agreements of RELEASE and indemnity include CLAIMS caused in whole or in part by the negligence, but not the wilful misconduct or the gross negligence, of Threshold or another Released Party.
Other: For myself and, if the Visitor is a minor, on behalf of the minor, I agree further as follows:
1) This Agreement shall be construed and enforced in accordance with the laws of the State of Oklahoma without regard to its conflicts of law provisions. Any suit involving any dispute or matter arising under this Agreement may be brought and maintained only in the United States District Court for the Western District of Oklahoma or, if in state court, in Oklahoma County, Oklahoma. For myself and for the minor Visitor, I hereby consent to the exercise of personal jurisdiction by any such court with respect to any such proceeding.
2) I hereby waive any right to trial by jury with respect to any action or proceeding relating to this Agreement. This Agreement constitutes a written consent to waiver of trial by jury and any party is authorized and empowered to file this Agreement with the clerk or judge of any court of competent jurisdiction as a statutory written consent to waiver of trial by jury.
3) Should any party to this Agreement institute any action or proceeding in court or otherwise relating to rights or obligations under this Agreement, the prevailing party shall be entitled to receive from the non-prevailing party such amount as the court may judge to be reasonable attorneys’ and paralegals’ fees for the services rendered to the prevailing party in such action or proceeding, plus the prevailing party’s costs and expenses therein.
4) I hereby irrevocably consent to and authorize the use by Threshold of my, or the minor Visitor’s, name and of any and all photographs, video, voice recordings, or other media taken of me or the minor Visitor, including derivative works thereof (collectively, the “Images”), and any reproduction of them in any form in any media whatsoever, whether now known or hereafter created, throughout the world and in perpetuity, and to license others to so use them in any manner Threshold may determine in its sole discretion, without any obligation, including compensation, to me or to the minor Visitor.
5) A Visitor who is under the age of eighteen (18), must, as a condition to entering a climbing area after becoming eighteen (18), sign a new Visitor Agreement, on his or her own behalf. By entering the facility without signing a new Visitor Agreement upon turning eighteen (18) the Visitor is agreeing to ratify, affirm and abide by the existing Visitor Agreement on file signed by Visitor’s parent or legal guardian.
6) Any adult, age eighteen (18) years or older, that falsifies his or her identity on this Visitor Agreement as a Visitor or parent or legal guardian of a minor entering the climbing areas shall be deemed to have indemnified Threshold and the other Released Parties with respect to any claims arising from his or her or the minor’s future visits to the Threshold gym or other activity site, participation in any Threshold Activities, the use of Threshold’s equipment or facilities or transportation to and from a remote site. A minor that falsifies his or her age shall be deemed a trespasser on the premises of the activity and entitled only to that duty of care, if any, owed to a trespasser under applicable law.
7) I, and/or the minor Visitor, as applicable, have read and understand and will obey all of the Gym Rules, which are posted at the gym, electronically available at www.thresholdclimbinggym.com/gym-rules, and otherwise available from any staff member.
I have carefully read and understood this Agreement, and I agree to its terms, for myself, and, if the Visitor is a minor, on behalf of the minor, and on behalf of my and the minor’s estate, and all members of my and the minor’s families who may have a claim in the event of a loss suffered by me or the minor. This Agreement will apply to my, or the minor Visitor’s, future visits to the gym and other Threshold Activity sites until it is replaced by a later agreement which will apply to visits thereafter.