Climbing Legends Sharma and Speed Discuss Industry Changes
Recently Chris Sharma and Boone Speed were featured on Tenaya’s Instagram Live channel—part of an ongoing series of Instagram interviews from the Spanish shoe company this month—to talk about climbing development. Both Sharma and Speed have parlayed great success as professional climbers into additional endeavors within the climbing industry: Sharma as the owner of an eponymous brand of gyms, and Speed as the founder of Grasshopper Industries’ adjustable climbing walls.
Although the focus of the chat was outdoor route development, the two also discussed the evolution of the indoor industry. For example, Speed noted that when he first started climbing at a high level in the late 1980s, the idea of climbing and training at climbing gyms was not yet commonplace. In fact, CBJ’s gym map indicates that only four new climbing gyms opened in 1989 (for a grand total of 10 gyms across the country), reinforcing Speed’s point about gyms’ rarity at the time. “I was lucky to get into [climbing],” Speed admitted. “There were no gyms when I got into it.”
Sharma explained that he started climbing at a gym [Pacific Edge in Santa Cruz, California] in 1993. By that point, climbing gyms were becoming more ubiquitous, and with them, some delineation between indoor climbing and outdoor climbing—and questions about whether indoor climbing prowess could translate at all to real rock. “You were kind of the first generation [of gym climbers],” Speed said to Sharma during the chat. “Some people said you weren’t going to be able to climb outside.”
The rise of a veritable gym industry at the time prompted questions that continue to this day about the relationship between indoor and outdoor climbing, the understanding of differences, and the interplay of the ethics. “Teach people through the indoor environment…and with that comes more responsibility, I think, to talk about leaving no trace and understanding ethics at the crag,” said Speed. “You see people out at the crag who have never been outside before and they treat it like it’s a [gym]…It’s fun to help people along and introduce people to the sport and the culture.”
Sharma added: “I feel like as our sport has grown so much, of course there’s a lot of really talented people as our sport is becoming Olympic and all of that. It’s this watershed moment in so many ways. But it’s also this moment when it could easily go astray and people—not that they necessarily lose sight of the origins—it’s just that they’ve never been tapped into that. Their experience of climbing is entirely indoors.”
“Well, even a routesetter,” said Speed, noting the rise of routesetting as a craft and career as the sport of climbing has grown. “If you want to devote your life to routesetting, you can make a living wage now, which is just—I think it’s astonishing.”
A replay of the full Instagram Live conversation can be found here.
Can We Actually Coach Climbing Remotely?
In early 2020, as the reality of the global pandemic began to set in and gyms started closing their doors, many climbing coaches were forced to rethink the ways in which they could ply their craft. Many lost not only a facility to work from, but also client lists and contact information. Their understanding of coaching was predicated on face to face interaction, and with the boom of the climbing gym industry, there was no reason to doubt that―until a reason revealed itself.
In 2015 I took my coaching entirely remote, so in March of 2020 I found myself and my business, Power Company Climbing, in a unique position from which to navigate the lockdowns. The switch to at home workouts for our clients was a simple one. We were able to offer free home sessions to thousands of climbers. Even while making an effort not to capitalize on misfortune, we had our biggest months ever.
But can it possibly be an effective way to coach climbing? As a former gymnastics coach who worked with athletes entirely in person, I also had my doubts. A few of those doubts, five years later, have been confirmed. However, most have entirely disappeared, and in some cases have been replaced with surprising clarity. In fact, from my vantage point, the most common reason why remote coaching for climbers must be ineffective has been absolutely flipped on its head.
“Climbing is a movement sport. It’s impossible to coach it remotely.”
You aren’t wrong about climbing. First and foremost, it does revolve around quality of movement. But instead of immediately asking if it can be effectively coached remotely, let’s first examine how climbing movement is learned. While the field of motor learning is wide and can be difficult to wade through, as climbers and climbing coaches we can benefit the most from starting at the classic theory posed by Fitts and Posner in 1967 in the book Human Performance. The theory asserts that performance is characterized by three sequential stages, termed the cognitive, associative and autonomous stages. The cognitive stage is essentially the beginning of a new skill. The learner is gaining an understanding of it through trial and error and can experience big gains in that understanding. Next the learner enters the associative stage, in which they are able to focus attention on specific details and can begin combining actions, often resulting in the performance appearing disjointed and awkward. This stage shows generally small gains. The final stage of learning is the autonomous stage, in which the skill becomes more consistent and smooth. Because the skill has become more automatic and demands little processing power, the learner can focus their attention externally. For example, once the driving through the hips and legs and maintaining of tension have become automatic, it becomes far easier to focus on the specific part of the hold you need to hit in order to stick a move.“More rhythm!”
I recently watched the documentary I Am Bolt, which follows sprint legend Usain Bolt as he prepares for the 2016 Olympic Games. In the training scenes, I recognized a distinct lack of technical coaching. “More rhythm,” his coach shouted repeatedly. “More rhythm!” That’s it. The greatest sprinter the world has ever known, preparing for a historic race, and that’s the technical breakdown of his stride from his coaching staff. The best coaches often say less. That’s because for athletes (or anyone for that matter) to learn, they have to struggle with it themselves. Moving through the three stages of motor learning takes time and effort. When I work with other coaches, by far the most common error I see is giving too much input. We feel like our job is to point out every way a move could be made “better.” Or even worse, to repeatedly give beta in an effort to accelerate success. Instead, by handing out solutions and overwhelming the climber with things to “fix,” we’re often stunting the learning process―cutting short one or more of the stages of motor learning.A blessing in disguise
It turns out that overcoaching is incredibly difficult when you aren’t actually watching the entire session. That can be a good thing. While we’re more apt to jump in and offer suggestions in person, remote coaching allows the climber time to process on their own. To grapple for solutions. To struggle at making the connections. To activate the neural pathways that allow a lesson to “stick.” In many situations, the fact that we can’t give input in the moment is a blessing in disguise. Of course, the fact that remote coaching can work doesn’t mean it is a hands-off magic bullet. Coaches still need to provide appropriate feedback and support, which will change from climber to climber. We will have to ask climbers to repeatedly go back to the drawing board. They’ll likely get frustrated. So will you. Remote coaching also will never take the place of a great in-person coach. A keen eye with a penchant for balancing struggle with success while asking the right questions, will always be the best way to learn advanced movement. More rhythm!Climbing Gyms and COVID-19: Délire Climbing Walls Creates “a Perfect Gym”
With the onset of the COVID-19 global pandemic, cities around the world went into lockdown to slow the spread of the virus. People were encouraged to stay home and businesses that involve people congregating indoors, such as restaurants, movie theaters, and fitness gyms, were forced to close in many jurisdictions. Months later, most climbing gyms in North America have been able to reopen in some capacity, but the latest wave brought about new temporary closures. The pandemic is still a concern, yet the long-term outlook for the industry is positive. Numerous new gyms have held their grand openings during this period, and many more are planned for 2021.
“Peoples will always want to get back to the gym because it’s a social space,” said Lisa Lajoie, co-founder of Délire Climbing Walls. Délire produces walls and flooring for climbing gyms, consults on gym design, and owns and runs three successful gyms around Quebec, Canada. Rather than dwell on the hardship this new era brings, Lajoie is confident that climbing gyms will continue to be a wanted and needed contribution to society. The trick is figuring out how to keep gyms safe, affordable and successful.
Mitigation protocols have been essential to reopening as safe as possible during this period. From reservations to masks and distancing, climbing gyms have been working hard to set a high standard for the industry, including Délire’s three gyms in Quebec.
“Three major steps have been taken to ensure the safety of our members,” said Jean-François Beaulieu, the other co-founder of Délire Climbing Walls, about Délire’s gyms. “First, we manage occupancy flow with a live widget on our website. This encourages members to come during less-busy periods. Second, we extended our hours of operation and enforced a 90-minute climbing time. This allows us to have almost as many daily visits as before. Third, we split the gym into two zones to contribute to social distancing.”
Living Space
In addition to operation strategy, gym operators can set themselves up for success well before their doors are first opened. Designing a gym with enough space is crucial, both for distancing in the pandemic era and an enjoyable climbing experience in general. “We have recommended more floor space in gyms for a long time, and our experience shows it,” said Beaulieu, who like Lajoie are both accomplished climbers and have been managing gym projects for 15 years. “Our last gym is clearly the most lucrative, and it is not the biggest. This is because you need a perfect mix of climbing surface and chilling spots. Covid is just one more example showing why living space is important.” People want places to lounge between tries on boulder problems, space to watch their friends try difficult moves, and a place to just hang out together. “A climbing gym is more than a climbing wall for sporting purposes,” said Beaulieu. “It is a social environment, and seeing it thus we can engineer the right proportion of elements.” In this era of social distancing, room inside a gym is even more important. More open space means climbers can be further apart and, even with less climbing wall surface, can facilitate more climbers in the gym at one time. “A perfect gym is open and easy to move around in even if it’s full,” said Beaulieu. “There is a warm space for before and after climbing. In this space we celebrate, we relax, we dream of our future.”Small is Beautiful
All this talk of space does not necessarily mean that climbing gyms need to be huge to be successful. According to Lajoie, a more important factor is making sure that gyms of any size are well designed. This is something that Délire focuses on in its own gyms and in the company’s designs for new gym owners. “There is a desire to try to have the biggest, most impressive installation, but sometimes when the gym begins to operate, things don’t go as planned,” said Lajoie. “The classic example is the ”arch” that was really popular a couple of years ago. People were asking for this type of structure, but we realized that routesetters won’t necessarily use this feature. They were paying for something that looks good, but that not many climbers used in the end.” Instead, Délire’s designs focus on smaller features and more space for climbers to inhabit. The company also finds ways to inhabit existing space better, which sometimes means putting a stand-alone structure in a large space so that the interior of an existing building won’t need expensive reinforcements. Stand-alone structures like this can be multi-purpose and provide storage for climbing holds and other supplies.Indoor Climbing Moves Outdoors
As developers consider opening new gyms in the pandemic environment, keeping projects small and spacious is important, but this does not mean that one’s ambitions need to be small. Délire sees room for gym owners to develop thoughtful interior spaces and even expand by adding outdoor structures. “We launched a new line of outdoor structures for commercial and personal use,” said Lajoie. “The idea is to multiply options and smaller climbing spaces so it’s more accessible for everybody in the long term.” States across the US have rolled out different reopening measures this year. For example, California’s four-tiered reopening system has been in the spotlight of late. While climbing centers in the most restrictive tier remain closed and facilities in other counties are only allowed to reopen indoor activities at limited capacity levels, outdoor activities with restrictions are permitted across all tiers. In warm, temperate locales, such as southern California, outdoor climbing structures as companions to indoor gyms may be an elegant way to continue offering climbing to customers in a safe manner. Plus, outdoor climbing is fun, and it’s just one more reason for climbers to come back. “The new trend this year seems to be around ice climbing initiation,” said Lajoie, speaking of Canada, where Délire is based. “If you create an outdoor structure close to your main installation, then it’s a new, fun way to be outdoors together, even when it’s cold.”Creating a Gym in Phases
But in this time of reduced capacity levels, it may seem daunting for a gym to afford an outdoor structure, remodel their gym to incorporate more living space, or for a new gym to start from scratch. This is why Délire advocates for project phasing, or building a gym in parts. “Project phasing is a really interesting strategy for the future gym operator, especially in uncertain times like we are seeing today,” said Lajoie. “You can also much more easily sell your project to a bank because phasing will make the first step less expensive.” Project phasing also allows a gym operator to learn about the customer base before committing money to a larger design. For example, when writing an initial business plan, an owner may assume that roped climbing will be the most popular, but when the gym is open, learn that most of the customers come to boulder. This knowledge can inform the second phase of the gym construction in the way that will be most desirable for its customer base and, in turn, most profitable for the operator. All these strategies, from adding more open space to a gym’s floorplan, to building small outdoor structures, to constructing or remodeling a gym in phases, are adaptations for successfully running a gym during a pandemic era. However, these are also evolutions in what makes a good gym anytime. Beloved gyms cater to people’s needs, include people of all backgrounds and abilities, and are pleasant spaces to inhabit. According to Lajoie, a gym designed with these philosophies stands a better chance of attracting more customers, building a tight-knit community, and succeeding as a business. “The sport [of climbing] is evolving more and more into a common activity like basketball or classical gym training,” said Lajoie. “During the pandemic, people will do yoga at home in front of their laptops, but we will all be happy to get back to class, see friends, and exist as a community. Creating many more little climbing spaces will make climbing more accessible, whether there’s a pandemic or not.” .This story was paid for by the sponsor and does not necessarily represent the views of the Climbing Business Journal editorial team.
ASCL Opens Registration for 2021 Shortened Season
Organizers around the United States are working hard to bring back competition climbing for youth competitors. Nationally, qualification events in USA Climbing’s Youth Bouldering series began last month, with recent alterations to the schedule due to the latest COVID-19 wave. High school climbers in Colorado will also soon have the chance to begin competing in the American Scholastic Climbing League (ASCL), which officially opened registration for its 2021 shortened season on December 1.
Typically running from October to February, ASCL competitions are scheduled to take place from March to May this season due to COVID-19. In addition, instead of competitions taking place at set times on single day events, the climbing will be spaced out over 5-day periods at the participating gyms. Athletes will be able to reserve times with the gym hosting the competition to climb pre-designated routes. An ASCL Regional Coordinator will select and mark the routes for the competition, with guidance from the routesetters at the hosting gym. Scoring will remain the same, with athletes needing a witness for their climbs and submitting their scores in the ASCL’s electronic scoring system.
Theresa Morris, Executive Director of the ASCL, identified a number of reasons for the changes in a conversation with CBJ. For one, schools that are strictly online will still be able to compete with schools that are in-person, so that athletes from a variety of schools will be able to participate. The format is also intended to allow gyms to continue operating as usual and maintain their COVID policies for capacity (all athletes and coaches will be required to follow the host gym’s COVID policies and the ASCL’s COVID-19 protocols). Morris did acknowledge the challenge will be coaching, since it will be difficult to coach a team’s athletes all at once. Teams of schools operating remotely may have more flexibility.
“While the format will look different than in years past, our philosophy of the climber against the route itself will continue to be the anchor,” said Morris. “The ASCL will continue to open the door to young climbers wanting to learn the sport of climbing and do it in a competitive-friendly atmosphere. Meaning, we encourage athletes to cheer for their competitor, share beta with them, support their successes and attempts all while competing alongside them.”
The Regular Season is tentatively scheduled to take place from March 1 to April 18, and the Regional Finals and State Finals are planned for April 23-25 and April 30-May 2, respectively (location to be determined). Last season, nearly 614 high school athletes were registered in the ASCL and 51 schools had teams. While this season will look different than the previous one and plans are always subject to change due to COVID, Morris is optimistic about moving forward with “flexibility, adaptability and patience” as the life-lessons for this season. Plans are even underway to expand the high school level and open a middle school division eventually.
“I’m going to steal a quote from Dave Meyer, the Western Slope Regional Coordinator and Head Coach for the Colorado Rocky Mountain School,” said Morris. “He says, ‘The world would be a better place with more climbers in it.’ I believe this to be true. Young climbers grow up to be the lawmakers deciding the future of our public lands; the leaders who bring compassion and empathy towards others―all others; climate and environmental activists and engineers; and, just kind people bringing positive vibes to the world. Yes, the ASCL teaches climbing and, more importantly, teaches us how to be better humans.”
Like many businesses and organizations, the ASCL is experiencing the financial challenges of this period. Donations can be made to the grassroots, nonprofit organization here.
USA Climbing Alters Youth Season as Gyms Lock Down
[January 25, 2021 – Editor’s Note: Since the publishing of this article, USA Climbing has announced further changes to the schedule of the youth climbing season which can be found here and here.]
CBJ reported last week that the nation-wide spike in COVID-19 cases was resulting in a number of climbing gyms closing temporarily to align with county or municipal mandates. This most recent wave of gym closures has now impacted the USA Climbing 2020-2021 youth season, which is currently underway in a “virtual” format that utilizes the KAYA mobile app. Simply put, as more gyms close in states across the nation, USA Climbing’s youth competitors are left with less facilities in which to climb and film their sends.
So, in a recent public message, USA Climbing’s CEO, Marc Norman, offered a “heartfelt thank you” to USA Climbing members and announced several changes to the ongoing youth competition season. “Entering this Youth Bouldering Season, a number of questions have lingered about how best to provide opportunities for our youth to return to climbing in the safest possible manner with the expected surge in the COVID-19 pandemic,” Norman stated. “We initially approached the 2020-2021 Bouldering season schedule with an optimistic perspective. Now, many of our host facilities are facing new challenges and closures as state and local regulations go into effect in order to reduce the spread of COVID-19.”
Some of the changes that Norman announced include an extension of the current Youth Bouldering Qualifying season, a postponement of the ensuing Bouldering Regional Championships to an unspecified date (no earlier than March 2021), and a postponement of the Bouldering Divisional Championships to May 29-30, 2021). Norman also provided some specific dates for the various Lead/Top Rope championships that are scheduled for the spring.
“USA Climbing’s guiding principle is to ensure the well-being of athletes, which means providing safe and healthy opportunities to continue climbing,” added Norman. “We can do this by following local and state guidelines and we remain positive about providing in-person championship event experiences in the future.”
The full announcement from USA Climbing can be viewed here. A separate announcement from the organization reiterated that the Collegiate season is still scheduled to begin on December 7 and will also use the KAYA mobile app.
CBJ will report on additional updates about USA Climbing’s various season schedules as they become available.
Climbing Insider News Weekly: December 4
Just a few thoughts.
The struggles of gym businesses this year are real. For many of us it’s our primary form of income, and the physical/mental health benefits of climbing and its communities are more vital than ever. But the severity of the pandemic is still real too, and it’s a balance that needs to be managed deftly. Be sure to consider all the consequences, and hopefully creativity can help us keep finding smart ways forward.Content for Climbing Insiders
Video: Drama As 2 Olympic Places Are GONE (EpicTV) “Last weekend the last two Olympic climbing places available to European athletes went to Alexey Rubtsov and Viktoriia Meshkova. We look at all the results and bring you the hard sends and biggest stories this week in climbing.” – EpicTV Viktoriia Meshkova and Aleksei Rubtsov Earn Spots At The 2020 Olympics (Gym Climber) “I didn’t fully believe that it was possible…The realization that this was just one ticket, only the first place, all or nothing…It seemed to be something unattainable.” – Viktoriia Meshkova Video: The Debrief – European Championships 2020 (Tyler Norton, Plastic Weekly) Paraclimbing Expands on the World Stage (Noah Walker, Gripped) “I am proud to see that there are now four Paraclimbing competitions in the 2021 schedule, and to see that the Paraclimbing calendar itself has been released earlier than ever. I would like to thank all National Federations and Event Organisers for their enthusiasm and for taking the challenge of organising a Paraclimbing World Cup!” – Sebastian Depke Dollars and Sends – USA Climbing Funding (John Burgman, Gym Climber) “Since expenses and revenue in each of USA Climbing’s various funding buckets do not always break even, it is the scrupulous reallocation and transferral of money—from one bucket to another—that keeps the organization successful, solvent and able to grow.” – John BurgmanUpcoming Virtual Events
No Man’s Land Showings Oct – Nov Vertical Life Film Tour Nov – Dec REEL Rock 15 Global Online Premiere Dec 15 O.R. Winter Online Jan – MarCBJ Original Articles
Ask A Lawyer: Consequences for Gyms That Stay Open (Jason Pill) “While the necessity of staying open to avoid permanent closure indeed is sympathetic, it is not likely going to hold up, and climbing gyms that flout closure orders risk some serious consequences.” – Jason Pill Growth Spurs Innovation: Behind the Desk with John Oungst (John Burgman) “Honestly, I consider my entire routesetting career to be one giant highlight. When I look back at everything I’ve done and all the people I’ve met along the way—it’s been such an amazing experience. Even on the days where the job sucked, like really sucked, I would still go to bed happy because I truly found something I loved.” – John Oungst USA Climbing Announces Auto Belay Partnership with TRUBLUE “As we prepare our athletes for international competitions, we need the best possible technology for our Training Center and national events. [Climbing] is a sport where fractions of a second can matter and we are confident that TRUBLUE will help us achieve our best.” – John MuseHomewalls + Routesetting + Training
Podcast: Tonde Katiyo – the Value of Route Setting (The Nugget) “This is part 2 of my conversation with Tonde Katiyo. We talked about RIC (Risk, Intensity, Complexity) as a tool for communicating about difficulty, about the appropriate responses to different types of bouldering challenges, about the value and importance of route setting in a growing industry, about The Lab, and keeping training in perspective.” – The Nugget Should You Start Hangboarding? A Flow Chart (The Power Company) “When is a good time to start hangboarding? Well, if you have all the time and energy in the world, how about now? But if you don’t, this flow chart might just help you decide if it’s right for you, right now. Yes, there are approximately 2,739 other factors to consider, but this is a good place to start.” – The Power Company The Two Things You Need for Climbing Harder (The Power Company) “Based on what we’ve seen in our data, Max Hang and Max Weighted Pull-Up, when looked at in combination, are the strongest predictors of climbing performance.” – The Power Company HWOW: Many-Angle Garage WallHWOW 33: Garage Homewall With Many Angles
Robert Haro aimed to create a space outside of the local gym and crag where he can train, climb fun roof problems, and introduce others to climbing. It’s now in phase 4 of his garage buildout in Reno, NV. Check out past HWOW here.
Want us to consider your woodie for a future Homewall of the Week? Submit your homewall here to be considered. If yours is chosen you’ll win a prize like this (prizes vary each week):
When did you build your wall? Was it a COVID baby?
I built the first section back in December 2019 so that I could have my own wall to learn how to routeset on. I also wanted a place for my friends to train during the winter.How long did it take you to build and what did that time look like?
So far, the wall project has been going on for one year, but there have been many upgrades and extras added throughout 2020. In total, it took about 2 weeks of working on the wall between the initial build and all of the upgrades. Currently, I’m planning the Phase 4 upgrades which will connect both overhangs to create a full roof arch and crack system. That section will take a little more time, as it will be more intricate of a design.Not including holds and padding, how much did it cost you to build? Any surprises there?
Between the wood, materials, T-Nuts, tools etc, I spent just under 2k total. After the California fires, wood panels were hard to come by, so for phase 3 upgrades, I had to buy Baltic birch panels to use, which were more costly. My friends all pitched in small donations here and there when they used the wall after the local climbing gym was shut down.What are you doing for padding?
We use a 1inch rubber flooring base, with a few Metolius Tri Fold crash pads for added protection. Once the roof section is added in, we will need some bigger pads to cushion the falls. Climbing problems on an 11-foot roof will be a lot of fun for sure, but having proper padding is key to our safety.What was your primary incentive for the wall? Did anything in particular inspire your wall design?
Mainly, I wanted my own wall to practice technical moves like heel-hooks and toe-hooks on. I felt that creating the wall and setting routes that force certain movements would be very beneficial.What was the most difficult aspect of the design and build?
The most difficult aspects for me were starting from scratch, and doing the majority of the build by myself. I did a lot of research and learned a lot from the Home Climbing wall Forum on FB. I picked other home wall builders’ brains and truly learned a lot leading up to the phase one build. I also had bought the book “Building your own climbing wall,” which helped out tremendously.What would you do differently?
I think I would have spent more time getting things perfectly placed. I look at minor mistakes and details and they make my eye twitch slightly.Did you make any mistakes along the way or choose to re-do any aspects? If so, what?
I made tons of mistakes with the initial wall, including dealing with spinning t-nuts, uneven garage dimensions, and panel placements. There are tools I could have used that would have made the build much better, but working with a budget, I did the very best I could with the resources available at the time.What is your favorite aspect?
My favorite aspect is just knowing that I can walk into the garage, get a good hangboard, campus or climbing sesh in, and never have to leave home. With the current pandemic situation, it works out perfectly. I also like that I can have my climbing partners over for some fun Add-On Competitions for prizes.How often do you use the wall? Do you still use it as much with the gyms open again?
I switch between outdoor climbing, gym climbing, and climbing at home. The current wall has a small roof section, one that isn’t available at any local gym. So, I’m able to create routes on my home wall that aren’t available in the local area. Between my roommate and friends, the wall gets used at least a few times a week.Any words of wisdom to aspiring homewallers?
Research is key to building a great wall. Don’t be afraid to try out new angles or make a completely unique wall. Building a very fun wall with limited space was hard, but well worth it.Want us to consider your woodie for a future Homewall of the Week? Submit your homewall here to be considered. If yours is chosen you’ll win a prize like this (prizes vary each week):
Ask A Lawyer: Consequences for Gyms That Stay Open
Ask A Lawyer is a recurring column where attorney Jason Pill answers questions submitted by people who work in the climbing industry. For this edition, Pill summarizes some of the consequences gyms could face in staying open despite local health regulations. Got a legal question that you’d like him to tackle about your gym, your employees, or anything else in the wide world of climbing? Submit your legal question here.
Note: This column offers general advice and is not intended to be used as direct legal counsel. Gym owners should consult a lawyer for their facility’s specific legal matters. Pill can be contacted directly here.
QUESTION: “What are the consequences for climbing gyms that choose to remain open despite local health regulations?”
PILL: The stories of businesses staying open despite COVID-19 closure orders are increasing and have even included a few climbing gyms. Unfortunately, any climbing gyms that defy local closure orders likely feel as though they have no other choice but to stay open or risk permanent closure (assuming they are not staying open purely to make a political statement). While the necessity of staying open to avoid permanent closure indeed is sympathetic, it is not likely going to hold up, and climbing gyms that flout closure orders risk some serious consequences.Legal Consequences
As a starting point, consider that most state and local closure orders contain penalties for non-compliance (and, in some instances, heightened penalties if the violation was knowing or reckless, as opposed to negligent). For example, some of the orders issued by Governor Gavin Newsom in California state that violations of the order start as a misdemeanor but increase to a fine of up to $1,000, imprisonment for six months, or both, for anyone who “refuses or willfully neglects” to obey a closure order. Additionally, Governor Newsom has hinted that businesses that operate in violation of closure orders could face regulatory or licensing enforcement issues. But, California is not alone. On the other side of the country, Florida—which few would say has taken a similar approach to COVID-19 as California—has similarly instituted stiff penalties for non-compliance with closure orders. Violations of Florida Governor Ron DeSantis’ closure orders are treated as second-degree misdemeanors punishable by imprisonment, and Florida has utilized law enforcement officers and inspectors from the Department of Business and Professional Regulation to monitor businesses for compliance. Demonstrating this concern, a fitness gym in Arizona recently was closed down for violating an executive order to close issued by the governor of that state. The Arizona Department of Health Services closed down the gym and ordered the gym to remain closed “until it is granted permission to reopen.” The gym was fined for non-compliance, and risks legal action, including the imposition of civil and criminal penalties, if it continues to violate the governor’s order. It is unclear when the Arizona Department of Health Services will allow the gym to reopen.Insurance Risks
State and local penalties and fines represent the most direct threat for climbing gyms that defy closure orders, but the analysis does not end there. Perhaps the greatest concern is the risk of losing or compromising the climbing gym’s insurance coverage. Many commercial general liability insurance policies contain a criminal acts exclusion, excluding from coverage liability arising out of certain criminal acts, which likely would include violation of a government closure order with a criminal penalty. Likewise, most commercial general liability policies require compliance with local laws or ordinances as a condition of coverage following a loss. So what does that all mean? It means that a climbing gym operating in violation of closure orders risks losing its insurance coverage completely—which could be catastrophic should an incident or injury occur while the climbing gym is defying closure orders. As commercial insurance coverage forms vary across policies and jurisdictions, an insured climbing gym should consider consulting with its insurance agent before proceeding with a reopening plan in a jurisdiction with restrictions in place to ensure that the climbing gym does not compromise any of its insurance coverage.Workers’ Comp Issues
Along those lines, climbing gyms may also experience workers’ compensation issues if an employee gets hurt while working during a period of time when the climbing gym legally should have been closed—especially if that employee contracts COVID-19. A climbing gym would lose virtually all legal arguments under workers’ compensation law and generally liability laws if an employee contracted COVID-19 during a period of time when an order mandated the gym to close to avoid the spread of COVID-19. Even in a situation not involving COVID-19 (e.g., an employee injures their foot while cleaning holds), the climbing gym would still encounter significant hurdles to defending itself in any workers’ compensation proceeding or lawsuit if the climbing gym was operating in violation of a closure order and should not have been open in the first place. And, any damages in a workers’ compensation proceeding or lawsuit would far exceed the potential penalties or fines associated with most closure orders, not to mention the bad press that would probably follow. Presumably, most climbing gyms that decide to defy government closure orders likely feel as though they have no choice but to do so. Assuming the climbing gym will go out of business if it cannot stay open and generate revenue, some owners may be tempted to “take their chances” by staying open. However, there are many legal risks and complications with this approach, and the risks identified above are not an exhaustive list. Additional issues may be present with climbing gyms’ licensing requirements, bank or loan covenants, or employees who refuse to come to work during a closure…just to name a few. Instead of defying closure orders, climbing gyms should explore all other options to generate revenue, identifying lending sources, or restructure their debts. In the opinion of this attorney, the risk of being in bankruptcy is better than the risk of being in jail.Note: This column offers general advice and is not intended to be used as direct legal counsel. Gym owners should consult a lawyer for their facility’s specific legal matters. Pill can be contacted directly here.
Climbing Insider News Weekly: November 27
Just a few thoughts.
Our annual traditions haven’t looked the same this year, but there’s still plenty to be thankful for. We can be grateful that climbing comps are finding a way forward. If you need some ‘me time’ ideas this week, check out the European Champ finals this weekend, catch up on the people making USAC and IFSC events possible, or treat yourself to the high drama of American comp climbing. Stay thankful this season, and stay smart.Content for Climbing Insiders
Climbing Gyms – The Modern Community Centre (Noah Walker, Gripped) “It was always more than exercise. Where conventional gyms might boil down to fitness, a climbing facility is built around a community. It is a second home, a place where people gather and grow. It is unique.” – Noah Walker A Poem, To The Girl Who Feels Pressure To Define Herself (Allison Vest, Gym Climber) “Let this poem be a mantra of sorts. Permission to be the full, multifaceted version of yourself and to shine so brightly that you blind those who would try to snuff you out.” – Allison Vest Why do shopping malls remain open while indoor climbing centers have to close? (Kristin Horowitz, Cal Matters) “We’re not looking to sue anyone. We’re not looking for handouts. And we’re fighting against the impulse of every business owner out there who wants to defy the government orders. We know we’re safe.” – Kristin Horowitz Video: Iuliia Kaplina’s Greatness Hidden By The IFSC’s Failure (Tyler Norton, Plastic Weekly) Calling All Climbers – Mentors Needed (Access Fund) “Mentorship can be a collection of small things. But they add up, and it is the small things that will make the difference between a community that accidentally ruins the places it loves and one that protects them.” – Access FundUpcoming Virtual Events
IFSC European Championships Nov 21-28 No Man’s Land Showings Oct – Nov Vertical Life Film Tour Nov – Dec REEL Rock 15 Global Online Premiere Dec 15 O.R. Winter Online Jan – MarCBJ Original Articles
Most Recent COVID-19 Wave Results in Gym Closures “Cases of COVID-19 have been on the rise at a national level, part of what many medical experts consider to be a fall spike in the ongoing pandemic…and climbing gyms are just one of the many types of businesses directly impacted.” Endless Combinations: CHNR October Grips Wrap (Zachary Joseph) “October saw more climbing holds being released all over the world as climbing gyms continue to navigate the pandemic period. New holds always bring a smile to everyone’s face…We hope you love this as much as we do!” – Zachary Joseph CWA Seeking Data to Influence Reopening Policies “Your responses will directly impact the numerous states who are facing closures and help us argue for industry-specific guidelines for you and for gyms around the world.” – CWABeta for Gym Managers
Update from Marc Norman, CEO (USA Climbing) “USA Climbing’s guiding principle is to ensure the well-being of athletes, which means providing safe and healthy opportunities to continue climbing. We can do this by following local and state guidelines and we remain positive about providing in-person Championship event experiences in the future.” – Marc Norman Video: New Wave of Reclosures (CWA Community Call) “This may be the first time that we join together to fight against some regulation, but it’s not going to be the last time. If climbing, hopefully, is still going to be in the Olympics in 2028 in L.A., the government is going to regulate us on something…It’s time to start working together.” – Alice Kao Survey: Help Gather Data for Industry Advocacy (CWA) “Having an accurate count of each facility’s specifications will help us present industry wide data on the ways that a climbing gym is uniquely poised to mitigate the transmission risks associated with COVID-19.” CWA DASHBOARDS: October – September – August – JulyHomewalls + Routesetting + Training
Podcast: Tonde Katiyo – Making a Better World By Making Better Climbers (The Nugget) “Tonde Katiyo is a professional route setter, a passionate climber, a father, and a coach. His mother is French and his father is Zimbabwean. We talked about the connection between route setting and coaching, about coaching Nathan Hadley, Sean Bailey, and Margo Hayes, about his discrimination and privilege resumés, about exposing his kids to risk, and about making better climbing to make a better world.” – The Nugget Video: The Best Pull Up Exercises For Climbing (Lattice Training) “Remember, it’s hard to argue that one form of pull up is “better”…Good climbers (especially those that train) will use a variety across their training lifespan and they’ll use appropriate load, frequency and recovery with each. THIS is the real key to success!” – Lattice Training Video: Homewall Routeseting – Blocker Holds (Kegan Minock) HWOW: Adjustable Backyard Board in Idaho “Our town was hit hard by covid in March — with positive case rates equivalent to Wuhan at one point. I used to coach a youth team, and my boss’s kids stopped going to school the first week of March, so I thought it would be a fun project to do with them.” – Steff C.Growth Spurs Innovation: Behind the Desk with John Oungst
Behind the Desk is a series that interviews people who are part of the climbing industry—those who run companies, manage staff, create innovative new products, and own gyms. This time CBJ dives into USA Climbing’s new partnership with KAYA and the “virtual comp season” that kicked off this month. One of the key persons behind the scenes for that is John Oungst. But that novel partnership is just part of a much larger and inventive path for longtime climber and career routesetter Oungst.
Name: John Oungst
Title: Customer Success Manager
Company: Kaya Climb