Please read this document carefully
This document must be signed by an adult of at least eighteen years of age
This Waiver and Release of Liability & Assumption of Risks (the “Waiver”) contains information about your Edgeworks Climbing, Inc. activities and may affect your legal rights in the event of an injury or other loss. Please read it carefully. All participants must provide the information called for and all participants 14 years of age and older must sign below. If the participant is a minor (under the age of 18) at least one parent or a court-appointed legal guardian of the minor (parent and guardian being referred to as “Parent”) must also sign, for themselves and on behalf of the minor.
In consideration of the services of Edgeworks Climbing, Inc. (“Edgeworks”), I, participants, and if applicable, Parent of a minor participant, agree as follows:
ACKNOWLEDGMENT OF RISKS
Although Edgeworks has taken reasonable steps to make available to me the appropriate equipment or skilled instructors or guides, Edgeworks has informed me that this activity involves serious risks. I (and my Parent(s), if I am a minor) acknowledge that participating in activities at Edgeworks involves risks. These activities vary, are strenuous and may include bouldering, climbing, belaying, lead climbing, auto belays and rappelling on Edgeworks' artificial walls, outdoor walls and rock, yoga, the use of fitness machines, fitness programs, guided climbing trips (rock/alpine/ice/ski), AMGA/Commercial Guide training programs, avalanche courses, transportation to and from activities and other forms of activities (together, “Activities”). The risks inherent in each Activity cannot be eliminated without destroying the unique character of the Activity.
The following describe some, but not all of the risks:
1) Risks involved in activities and premises. Participants and others may fall or injure themselves as they participate and move about Edgeworks and other premises on and in which the Activities are conducted, including in connection with travel to and from outdoor sites.
2) Risks in decision making. Participants and staff must make judgments and decisions which are, by their nature, imprecise and subject to error, and include, among others, issues of a participant’s fitness and abilities, weather and other environmental conditions. Participants may be unsupervised by staff.
3) Equipment failure or misuse. Equipment used in the Activities may include fitness and exercise machinery, artificial climbing holds and anchor points, ropes, slings, harnesses, climbing shoes, climbing hardware, and the climbing structure itself. Such equipment, which may be a participant’s own or be rented/borrowed from Edgeworks, may fail, break, fall, malfunction or be misused by staff or participants.
4) Risks regarding conduct. Participants, staff and third parties may fail to exercise reasonable care relating to the Activities.
These and other risks, dangers and hazards may cause participants to suffer losses of various degrees of severity, as a result of, but not limited to: 1) falling, including to the ground or other surface; 2) becoming entangled in ropes or other equipment; 3) striking the climbing surface, anchor points, or other projections; 4) colliding with or impacting falling rocks, other objects or people; and 5) exercising, including the use of fitness and exercise machines. These and other circumstances may cause fractures, sprains, broken bones, concussions, cuts or abrasions, and other injury or illness, potential exposure to communicable disease (including but not limited to COVID-19, other viruses, bacteria, and all other infectious pathogens and disease vectors), property damage or loss, mental or emotional trauma, paralysis, disability and death.
ASSUMPTION OF RISKS
I understand that the above list of risks and possible consequences of the Activities is not complete and that other unknown or unanticipated risks, hazards and dangers may result in injury, damage, death or other loss. I understand that the risks, hazards, and dangers described above, and others, are inherent in the Activities – that is, they cannot be eliminated without destroying the basic nature and attraction of the activity.
My participation in these Activities is purely voluntary, and I choose to participate in spite of and with knowledge of the risks of participation. If I am a minor participant I have discussed the Activities and risks with my Parent and wish to participate nevertheless. Therefore, I (and Parent if the participant is a minor) expressly assume and accept full responsibility for the risks of enrollment and participation in the Activities, whether or not described in this document, and for injury, damage, death or other loss suffered by me resulting from those risks.
RELEASE AND INDEMNITY AGREEMENT
I, an adult participant, or Parent of a minor participant (for myself and on behalf of that minor) agree to release and not to sue or assert any claim against Edgeworks or their affiliates, or any of their owners, staff, landlord(s), members, agents, directors and officers (“Released Parties”), with respect to any and all claims, liabilities, suits or expenses (including attorney fees and costs), arising out of any injury, damage, death or other loss to me or my child in any way related to my or my child’s enrollment or participation in Edgeworks Activities (which include the use of Edgeworks’ climbing wall and other equipment and facilities).
I agree to indemnify, defend and hold harmless (“indemnify” meaning to protect by reimbursement or payment) Edgeworks and the other Released Parties with respect to all claims, liabilities, suits or expenses (including attorney fees and costs) arising from an injury to me or to my child, or arising from my or my child’s conduct, related to my or my child’s enrollment or participation in Edgeworks Activities.
This Waiver includes any losses claimed to be caused in whole or in part by the negligence of Edgeworks (but not its gross negligence or reckless misconduct) and includes claims for personal injury, property damage, wrongful death, products liability, breach of contract or otherwise.
1) I am in good health and have no physical limitations which would affect my participation in all the above described Activities without causing harm to myself or others. I agree to follow all Edgeworks’ rules and regulations. I acknowledge that Edgeworks’ staff is and has been available to answer my questions about the nature and physical demands of these Activities and their risks, hazards and dangers. I understand that the presence of Edgeworks' personnel is no assurance of my safety or the lessening of any of these risks.
2) I agree that this document and all other aspects of my relationship with Edgeworks or other Released Party are governed by the laws of the State of Washington (excepting such laws as may apply the laws of another jurisdiction). Further, any mediation, suit, or other proceeding arising out of or relating to my enrollment or participation in Edgeworks Activities must be filed or entered into only in Pierce County, Washington.
3) I authorize Edgeworks staff to obtain or provide medical care for me or my child and to transport me or my child to a medical facility and to exchange pertinent medical information with third party medical care providers. I agree to pay all costs associated with such medical care and transportation.
4) I consent to the use by Edgeworks of photo and other images or video of me, without compensation and for any purpose, including marketing.
5) Any portion of this document deemed unlawful or unenforceable shall not affect the enforceability of the remaining provisions of this document and the remaining provisions shall continue in full force and effect.
6) No provision of this document may be waived or amended unless the same is signed by an officer of Edgeworks.
THIS RELEASE IS A BINDING LEGAL CONTRACT
PLEASE READ IT CAREFULLY BEFORE SIGNING
GYM RULES I UNDERSTAND AND ACKNOWLEDGE
Climbing is dangerous. Climbing presents a significant inherent risk of serious physical injury, including paralysis, disability or death.
When you climb at Edgeworks, you voluntarily assume all risks associated with climbing. Please be careful.
- ORIENTATION: Facility orientation is required. Climbers must watch the orientation video, or have a orientation performed by our staff.
- CHECK-IN: All participants must check-in. If you have not checked in, you do not have permission to use Edgeworks facilities.
- INSTRUCTION: Technical instruction such as Belay, Lead, or Rappel instruction is prohibited (except by the Edgeworks’ staff).
- YOUTH: Youth (14 and under) must be actively supervised by an adult at all times. Unattended children are not allowed on the climbing floor. Children must stay within arms reach of a parent or other adult. 1 adult cannot supervise more than 3 youth at a time. For their safety and that of others, infants and toddlers are not allowed in lead climbing areas.
- RESPECT: Be respectful of other climbers. Gender and size do not determine skill or strength; don’t assume! Share the ropes. Break up your training laps or take a rest from projecting that crux move so that other climbers can have access to routes. Shirts are required.
- STAY ALERT: Never walk or climb under other climbers. Check for nearby climbers before starting your climb; take turns in high traffic areas, on routes that cross paths, or on routes with intersecting fall zones. Wearing headphones? Keep the volume low enough to be aware of the activity around you.
- EQUIPMENT: Re-rack weights and wipe down equipment after use. Closed toe shoes required.
- CLASSES: Do not enter classes late. Always CHECK-IN at the front desk.
- YOGA STUDIO: Put away all mats and equipment when done. Remove shoes before entering.
- YOUTH: Must be 14 years or older to use weights and cardio equipment.
- TOPPING OUT: Exit top of boulder walls through exit gates or down climb routes. Do not jump from boulder walls. Do not assist people topping out.
- TRAVERSING: Climbers must yield to rope climbers when traversing.
TOP ROPE AND LEAD CLIMBING:
- CERTIFICATION: Belay or lead certification is required for top rope or lead climbing. To take a belay/lead test, please see the Edgeworks front desk.
- YOUTH: For their safety and that of others, infants and toddlers are not allowed in lead climbing areas.
I have had sufficient opportunity to read this entire document and have carefully read, understand and voluntarily sign this document and acknowledge that it shall be effective and binding upon me and my heirs, executors, representatives and estate.
Dated: June 4, 2023