Agreeing to this release has legal consequences. By agreeing to this release, the participants, on behalf of themselves and/or their minor children, are giving up rights they may otherwise have. You certify that you have read and understand this release.
I, as the participant or the parent/guardian of a minor child participant, hereby grant permission for myself or my minor child to participate in indoor rock climbing and use the climbing wall (collectively, the "climbing wall activities") at Apex Park and Recreation District ("district"), including any reasonable accommodations that may be necessary. I agree to abide by or to require my minor child to abide by the district's rules, policies, and procedures during the period of my/their participation.
I acknowledge that the climbing wall is a vertical wall 24 feet high, constructed of fiberglass, and ranging from beginning to advanced degrees of difficulty, including overhangs, cracks, and handholds. I grant my permission for myself or my minor child to be belayed by belayers who have successfully passed the district's climbing wall orientation and belay test. I understand that such individuals may be district employees, volunteers or other members of the public participating in climbing wall activities.
I understand and agree that participation in the climbing wall activities involves inherent risks, hazards, and dangerous activities that may result in severe permanent injury or death and/or emotional injury or trauma. Such inherent risks, hazards, and dangerous activities may be either known or unanticipated and may include, but are not limited to:
- Accidents related to falling or being dropped from, colliding with, scraping against, or otherwise contacting the climbing wall, floor area, or any elements of the same, which may result in injuries to the bones, joints, or ligaments; head or neck injuries; injuries to the skin, tissues, or organs; and/or injuries to the mouth, teeth, or lips;
- Injuries specifically related to bending, twisting, pulling, lifting, pushing, or climbing, such as injuries to muscles, joints, or ligaments;
- Injuries related to handling or being in contact with climbing ropes during climbing, belaying, rappelling, lowering, utilizing rescue systems, or otherwise utilizing climbing rope techniques, such as rope abrasion, entanglement, or lacerations;
- Contact with moving, falling, flying, or stationary objects or with other individuals, including but not limited to other participants in the climbing wall activities, instructors, district employees/volunteers, or members of the public;
- Structural or maintenance defects of any kind to the climbing wall or any equipment, supplies, tools, and chemicals related to the same, including ropes, slings, harnesses, hand holds, anchor points, carabiners, and cleaning supplies;
- Exposure to communicable diseases that may cause severe illness and/or death even in individuals having no known risk factors or preexisting conditions, including but not limited to exposure to the COVID-19 virus and any variants thereof;
- Conditions associated with participation in strenuous activity, such as shortness of breath, labored breathing, fatigue, headache, nausea, muscle soreness or cramps; and
- Emotional injury or trauma resulting from or relating to any of the foregoing.
Having read and understood the above, I expressly understand and agree, for myself or on behalf of my minor child, that participation in the climbing wall activities involves inherent risks, hazards, and dangerous activities that may result in severe permanent injury or death, and/or emotional injury or trauma, and that I am responsible for and hereby voluntarily assume any and all risks associated with my participation or my minor child's participation in the climbing wall activities. I certify that I am, or my minor child is, physically fit to participate in the climbing wall activities, and I am not aware of any physical or mental condition that could result in injury or death or that could be exacerbated or worsened, as a result of my or my minor child's participation in the climbing wall activities.
I wish to participate or permit my minor child to participate in the climbing wall activities, notwithstanding the known or unanticipated risks, hazards, and dangerous activities inherent in my/their participation. In consideration for being permitted to engage in such participation, I hereby release, waive, and discharge the district and its current and former directors, officers, employees, volunteers, agents, and representatives from any and all liability, causes of action under any theory of law or equity, claims and demands, damages, costs, expenses, and compensation arising from or relating to any injury or damages, including death, incurred by me or my minor child as a result of participating in the climbing wall activities.
I further agree to indemnify, defend, and hold harmless the district and its current and former directors, officers, employees, volunteers, agents, and representatives (collectively, "indemnitees") from and against any loss, liability, damage, claim, cost, or expense of any kind or nature whatsoever (collectively, "claim"), which one or more of the indemnitees may incur due to my or my minor child's participation in the climbing wall activities. The indemnitees shall have the sole right to select legal counsel to defend them in connection with any claim, notwithstanding my obligation to pay the fees, costs, and expenses incurred by such legal counsel.
Nothing in this release is intended and shall not be construed as a waiver of the limitations on damages or any of the privileges, immunities, or defenses provided to or enjoyed by the district and its current and former directors, officers, employees, volunteers, agents, and representatives under common law or pursuant to statute, including but not limited to the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq.
In the event I or my minor child is injured or becomes ill, I hereby authorize the district personnel in charge to seek and consent to any first aid or medical treatment necessary to stabilize or treat me or my child.
I further acknowledge that photographs or videos may be taken by designated district personnel during the course of the climbing wall activities. I agree that in the event I or my minor child is photographed or videoed while participating in the climbing wall activities, such photos or videos may be used by the district for legitimate purposes, including advertising, marketing, operational reporting to the board of directors, historic archiving, and posting on the district's social media accounts.
