Our purpose with CaveSim is to teach people of all ages about the amazing beauty and fascinating science of caves. We believe strongly in conservation of caves, bats, and ground water, and we use CaveSim to make learning about these subjects fun.
CaveSim has an excellent safety record. People at schools, parks, and museums all over the country have enjoyed and learned from CaveSim without incident. Nevertheless, every activity (even crossing the street or eating grapes) has some level of risk. As a result, we require that participants (or their parent or guardian) sign a waiver. We encourage you to look at pictures of our recent programs (www.cavesim.com/news) to gain a better understanding of the activities in our programs, and we also welcome you to email us with any questions or concerns: firstname.lastname@example.org. Thank you!
This Agreement covers participation in the activities of, and the use of the premises, facilities, and equipment of, CaveSim LLC, a Colorado Limited Liability Company doing business as CaveSim. CaveSim LLC is referred to in this document as CaveSim. This agreement affects the legal rights of participants and their families, and should be read carefully. It must be signed by each adult (eighteen years and older) participant or, if the participant is a minor, by a parent or guardian of that minor. The parent or guardian (referred to in this document as "Parent") signs and agrees for himself or herself and on behalf of the minor participant. As used herein, "Participant" refers to the adult participant who signs this agreement or to the minor on whose behalf it is signed.
In consideration of being allowed to participate in the caving and other activities offered by CaveSim, and the use of its equipment and facilities, I, Participant or Parent of a minor Participant, understand, acknowledge, and agree as follows:
Activities:Activities offered by CaveSim include cave exploration in an artificial cave, rope ascending, manual rope climbing, rappelling, indoor and outdoor games including games involving blindfolds, cave rescue practice using rescue equipment including a stretcher and field telephones, "squeezebox" (an adjustable-size box to simulate a confined crawlway), carbide lamp demonstrations, open-air carbide demonstrations, obstacle course navigation, electronics design lessons including use by participants of soldering irons and hot glue guns and other hot and sharp objects and tools, biology lessons involving use by participants of living organisms (e.g., slime molds), and team building exercises.
The artificial cave is approximately 60 feet long, and participants must crawl through narrow passageways (with dimensions of twelve or slightly fewer inches in some places). The cave passages may be tight and tortuous which may be uncomfortable, challenging, or impossible for some participants to pass through, and some participants may experience claustrophobia. The artificial cave contains areas in which the Participant may climb up or down by up to four feet, assisted by means of handholds, ropes, and etriers attached to the walls, floors, and ceilings. The surfaces of the artificial cave have a rough texture which may be injurious to the Participant and/or to the Participants personal belongings (e.g., clothing). The artificial cave contains artificial cave formations, artificial cave life, and artificial artifacts linked to electronic sensors which detect when participants make contact with (or get close to) the objects. The electronic sensors may buzz, beep, illuminate, and/or play recorded voices when participant interaction is detected.
The tower for rope ascending, manual rope climbing, and rappelling may reach heights of twelve feet. Participants ascending or rappelling on the rope ("climbers") may be assisted by means of mechanical ascending and rappelling devices which may be attached to the participant by means of a harness. Climbers may be supported in the ascent and/or descent by means of a "belay" - a system of ropes operated automatically or managed by a staff member or other person, including another participant, at or near the base of the tower. Participants who manually climb the rope will use their hands and/or feet to climb the rope, and will not be supported by means of a belay.
These activities and the other activities facilitated by CaveSim require moderate to heavy physical exertion and can be physically and emotionally demanding. A participant may not participate if he or she has any medical (mental or physical) condition that might create risks to himself or herself or to other participants or staff, or to the equipment or facilities of CaveSim, or fears of confided spaces or close personal contact with others. Participant, or Parent, represents that Participant has no such conditions.
Risks:The risks of the activities of CaveSim include, among others, the following:1. All manner of injury resulting from falling inside the artificial cave (from heights of up to four feet) or from the rope ascending tower (from heights of up to ten feet) or off of the ramps of the mobile cave trailer (from heights of up to two feet).2. Cuts, abrasions, or other injuries resulting from contact with rough surfaces inside the artificial cave or from contact with ropes or other equipment at the rope ascending tower.3. Injuries associated with rope or webbing entanglement.4. Injuries from falling objects or participants, including objects dropped from the rope ascending tower or participants falling from heights of up to four feet inside the artificial cave.5. Risk of being dropped or otherwise roughly handled by other participants or staff or volunteers while riding in a cave rescue stretcher during mock rescue activities.6. Exposure to calcium carbide or acetylene gas or smoke during carbide lamp demonstrations or open-air carbide combustion demonstrations, or exposure to hydrochloric acid during geology demonstrations by staff or volunteers.7. Failure of ropes, belay devices, ascenders, anchor points, etriers, or any part of the artificial cave or ascending tower.8. Fears and phobias, including the fear of heights, confined spaces, separation from others, close personal contact, and artificial cave life, including artificial bats and insects.9. Strains, pulls, and other trauma arising from crawling, climbing, or otherwise moving through or using the artificial cave, the "squeezebox", or the ascending tower.10. Moving about the premises in which the activities are conducted, including all manner of injury resulting from tripping over equipment.
The above list does not describe all possible risks associated with the activities of CaveSim, its facilities and premises and the list does not limit the extent or scope of the following assumption of risk, release, and indemnity. The risks described above, and others, are inherent to the program and its activities -- that is, they cannot be eliminated without destroying the basic nature of the program and reducing its appeal and value.
Safety Policies:The following is a partial list of safety policies. Participant is expected to understand and abide by these policies at all times during participation and attendance at CaveSim programs and activities. This list is not exhaustive, and does not attempt to cover common-sense safety practices. Participant is expected to follow the listed policies as well as common-sense practices to keep himself or herself and other participants, staff, and volunteers safe during all activities of CaveSim.1. No running, except as specifically authorized during bat roleplaying games. Running increases the risks associated with tripping and falling over equipment.2. Helmets must be worn in the cave and on the ascending tower at all times. If Participant provides their own helmet, it must be UIAA approved and outfitted with a working electric light.3. No pushing, shoving, or other horseplay.4. If you are unsure of whether you will fit through the cave, it is your responsibility to ask a staff person or volunteer to help you assess your size using the squeezebox. CaveSim staff and volunteers may, at their discretion, ask you to use the squeezebox to assess your size.5. If you take blood thinning medication, have a bleeding disorder, or have a higher than normal risk of bleeding associated with being scratched or with crawling and climbing, you must refrain from exploring the artificial cave, the squeezebox, and the rope ascending tower.6. Refrain from touching components and ingredients of carbide demonstrations and geology acid test demonstrations unless specifically invited by staff to touch components or ingredients. If you do touch components or ingredients of such demonstrations, it is your responsibility to wash your hands before touching your eyes, mouth, nose, and before eating or drinking.7. Smoking, vaping, or using open flames in the artificial cave is prohibited. As a courtesy to other participants, we ask that you refrain from any smoking-related activities in the vicinity of our programs.
Assumption of Risks:I, an adult Participant understand that the risks described above, and others, inherent or not, may result in loss of or damage to property, personal injuries and even death. I nevertheless hereby expressly acknowledge and assume all such risks, inherent and otherwise and whether or not described above, and voluntarily choose to participate in the activity, accepting responsibility for all such risks, and for injuries or other losses which may be encountered whether or not related to caving or any other activity of CaveSim. If Participant is a minor, I, Parent, have discussed the terms of this Agreement including the description of activities and risks with the minor who understands them and chooses to participate nevertheless.
Release and Indemnity:I, an adult Participant, or Parent of a minor participant (Parent, for myself and on behalf of the minor), hereby agree to release and discharge CaveSim LLC (doing business as CaveSim, and referred to herein as CaveSim) its owners, directors, trustees, employees, officers, contractors, and volunteers (referred to as "Released Parties") from all claims and liabilities in any way arising from or connected with my, or the minor Participant's, participation in activities of CaveSim, including moving about the premises where activities are conducted and the use of its facilities and equipment. I understand that by signing this document, I surrender my rights, and the rights of the minor for whom I sign below, to make a claim or file a lawsuit against CaveSim LLC or any other Released party for personal injury, property damage, wrongful death or otherwise.
If I am an adult Participant or Parent of a minor Participant I further agree to defend and indemnify (that is, to pay or reimburse damages and costs, including attorney's fees) CaveSim and the other Released Parties from any claim associated with my, or the minor Participant's, participation in activities of CaveSim, including moving about the premises where activities are conducted and the use of its facilities and equipment whether brought by me, the minor Participant, a co-participant, member of my, or the minor's, family, a rescuer or any other person, for loss or damage either suffered by me, or the minor, or caused in whole or in part by my, or the minor's, conduct.
These agreements of release and indemnity include loss or damage caused or claimed to be caused in whole or in part by the negligence, but not the intentional wrongs or the gross negligence, of CaveSim or another Released Party. I understand that if I make a claim or file a lawsuit against a Released Party in violation of this agreement I will pay all expenses and costs, including attorney's fees incurred by that party in investigating and defending the claim.
Other including Photo Release:This agreement will apply to my, or the minor Participant's, visit to the premises of CaveSim on the date on which it is signed and thereafter until it is replaced by a later agreement. That later agreement will apply to participation thereafter but will have no effect on rights created by this agreement.
I hereby give my permission and consent to the taking of photographs, videotapes, and other images of me or the minor Participant and agree that such images may be published and otherwise used by CaveSim for advertising, promotion, publicity, or any other purpose CaveSim deems appropriate, without compensation to me or to the minor Participant.
I acknowledge that I have read and understand the Safety Policies of CaveSim and agree to fully comply with those policies. If I am a Parent of a minor Participant, I have discussed the Safety Policies with the minor participant and minor agrees to comply.
The terms of this agreement and any dispute between a Released Party and Participant or Parent will be governed by the substantive laws of the State of Colorado (not including laws which might apply the laws of another jurisdiction); and any suit or mediation of the dispute will take place solely in El Paso County, Colorado.
This document is intended to be binding, to the fullest extent of the law, on all persons signing below, and their respective successors, heirs, executors, administrators, and family members. If any part of this document is deemed by a court of competent jurisdiction to be unenforceable, the remainder shall nevertheless be in full force and effect. The terms of this agreement cannot be altered except by a written document signed by the parties.
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