All visitors who use the sports facilities offered by GRIP Boulderhall aged 16 and older are required to sign these terms and conditions.
“Visitor” as used in this agreement refers to individuals who visit GRIP Boulderhall (“GRIP”), either as an independent boulderer, participant in climbing or other activities, or as a chaperone. If the Visitor is a minor (“Minor Visitor”), at least one parent or legally appointed guardian (parent and guardian are referred to as “Parent” in this document) must sign, as evidence of their agreement to these terms and conditions, for themselves and, to the fullest extent permitted by Dutch law, on behalf of the minor visitor who is their child or ward (collectively “Minor Visitor”).
In consideration of the use of the services and facilities of the Boulderhall, I, an adult visitor or parent of a minor visiting child (for myself and on behalf of that minor visiting child), acknowledge, understand, and agree to the following:
ACTIVITIES
Activities offered by GRIP include, but are not limited to, bouldering or climbing on structures that can reach a height of 5 meters, yoga, and other fitness and movement activities.
Activities such as bouldering require moderate to intense physical exertion and can result in physical injury, permanent disability, or death. It is the responsibility of the Visitor to be aware of the risks and dangers associated with independent bouldering and training, participation in Boulderhall programs or activities, and it is the responsibility of the Visitor to consult a physician before participating in Boulderhall activities and programs to ensure that he or she has no medical issues that would prevent such participation.
Bouldering activities are not secured, spotted, or otherwise individually insured by the Boulderhall. Visitors are advised that climbing holds are a use tool, not a safety device, and they can break and fall. Visitors share responsibility for managing the risks of the activities, whether supervised or unsupervised, and are required to follow the bouldering introduction (above) and the Boulderhall rules outlined in this agreement, posted in the boulderhall or on the website, or otherwise indicated by staff. Participants in Boulderhall activities are required to pay attention to the condition of the equipment they use and to inform staff of any damage caused or observed.
I, an adult visitor or parent, hereby declare and confirm that I have read or will read the bouldering introduction and the rules of the Boulderhall before participating in Boulderhall activities, and I agree that I, or the minor visiting child, whom I agree to supervise, will adhere to these and any requests or instructions from the staff. If I am a parent of a minor visitor, I have explained these responsibilities and rules to the minor visiting child, who assures me that they understand them. I, an adult Visitor, or the Minor Visiting Child, do not have any mental or physical condition that could pose risks to ourselves or others. I understand that GRIP reserves the right to refuse or terminate the participation of a Visitor in any of its activities at its discretion.
RISKS
Participation in GRIP's activities will necessarily expose visitors to many risks, including but not limited to: overexertion; various injuries from falls; abrupt contact with other persons, artificial and natural structures, and equipment; falling climbers and fallen tools and hardware; fall protection materials and devices and other equipment; exposure to and illness from infectious diseases, including but not limited to MRSA, influenza, and COVID-19; and negligence and misjudgment, including negligence by other Visitors, staff, GRIP and/or its owners, affiliates, volunteers, contractors, equipment suppliers, and landlords, including failure to follow proper procedures or ignoring instructions from GRIP staff and company policy.
Visitors are solely responsible for the possession and use of equipment that belongs to them and indemnify the Company from all claims for property damage or personal injury related to such possession and use.
ACCEPTANCE OF RISKS
The description of risks above is not intended to be exhaustive and other risks may occur. The described risks, and others, including the possibility of negligence by other Visitors, staff, GRIP and/or its owners, affiliates, volunteers, contractors, equipment suppliers, and landlords are inherent to the activities - meaning they cannot be eliminated without destroying the essential nature and social and educational value of the activity. I understand that no amount of care, caution, instruction, or expertise can remove the inherent dangers of these activities. Risks encountered by visitors in the Boulderhall can lead to various traumas, including heart attacks, fractures, sprains, burns, abrasions, serious injuries and emotional injuries, permanent disability, and even death. I acknowledge that Boulderhall staff has been available to answer any questions. I have had the opportunity to review the bouldering introduction and the Boulderhall rules, and I, and the Minor Visiting Child, are aware of the risks and dangers associated with the activities, activity areas, and materials.
I, an adult Visitor or Parent, for myself and on behalf of a Minor Visiting child, expressly accept responsibility for ALL risks, injuries, or damage, inherent and otherwise, known or unknown, concerning enrollment or participation in any Boulderhall activity (whether described above or not). The Minor Visiting Child and I have discussed the activities and risks, the introduction, and the Rules, and the Minor Visiting Child understands them and chooses consciously and voluntarily to participate.
BOULDERHALL RULES
Boulderhall staff reserves the right to refuse access to the Boulderhall or to remove a Visitor for any reason at its discretion.
GRIP Boulderhall is not responsible for the safekeeping, loss, theft, or damage of a Visitor's property.
The visitor is required to review and comply with the bouldering introduction and Boulderhall rules and, if a member, the membership agreement and any rules provided or posted in the Boulderhall or on its website.
Should the Visitor damage or break the Boulderhall's materials or property, the Visitor is liable for the costs of repair or replacement of such equipment or property.
In the event of an emergency, the Boulderhall is authorized to notify the person or persons listed under the visitor's emergency contact details.
All visitors participating in activities or accompanying participants must sign this agreement.
Every visitor must check in at GRIP's reception desk upon arrival.
Every visitor must be able to identify themselves.
GRIP determines its opening hours independently and can limit the visit duration at its discretion.
GRIP reserves the right to implement price changes.
Group reservations can be canceled by GRIP if the number of participants present differs from the pre-agreed number.
In case of changes or cancellations of reservations less than 48 hours before the agreed time, the agreed amount will be charged in full.
ADDITIONAL PROVISIONS
Medical:
GRIP has no medical personnel or treatment available for visitors. Hereby, I authorize and give permission to the Boulderhall to arrange emergency medical care for me or, if the minor visiting child is the visitor, for the minor visiting child.
Privacy:
GRIP processes all customer data according to the prevailing Privacy Policy of GRIP Nijmegen. I expressly give GRIP permission to process my data and that of the minor visiting child I accompany. I consent to the use by the Boulderhall of photos, videos, and other visual and audio recordings of me, or the Minor Visiting Child, without compensation, for advertising or other purposes. I indemnify the Boulderhall and other parties from any claim of violation of personal and/or property rights (including copyright) that I or the minor visiting child may have concerning such representation or use.
Disputes:
I, for myself and for the minor visiting child, agree to attempt to mediate in good faith any dispute that may arise between me or the minor visiting child and another party. Should the issue not be resolved through mediation, I agree that all disputes, controversies, or claims between the parties will be subject to binding arbitration under the applicable rules in effect at that time. I agree that any dispute between another party and a participant or parent will be subject to Dutch law.
I have read, understood, and voluntarily signed this agreement and acknowledge that it will be effective and binding upon me, the minor visiting child who is a participant, and my family, heirs, executors, administrators, and representatives, or the family, heirs, executors, administrators, and representatives of the Minor Visiting Child.
I agree that if any part of this Agreement is found invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect.
The terms herein (as amended from time to time) constitute the entire agreement between the Visitor and the Company (other than the Membership Agreement if the Visitor is a Member) regarding the Visitor's use of the Boulderhall and supersede all previous agreements, arrangements, and understandings, whether written or oral, between the Visitor and the Company concerning such matters.
I understand that each time I, or the minor visiting child, visit the Boulderhall from the date of this agreement, I, or the minor visiting child, will be bound by the terms herein; unless this Agreement is superseded by an amendment or replacement.
Any delay or failure by the Company to exercise its rights and/or remedies under this agreement shall not constitute a waiver of such right or remedy.
