As a material inducement for and in consideration of my being permitted by Boulders, Ltd., to climb at its facilities (sometimes referred-to as the “gym“), I agree to the following waiver and release, and I make the following representations.
I acknowledge the inherent extreme risks in rock climbing activities, including those that take place indoors. I realize that those risks include falls, equipment failure, bad decision-making, inattentive belayers, and holds that have become loose or damaged by other climbers. I understand that there are unforeseeable, freakish accidents, and I assume all risks associated with my use of the gym, even though I cannot foresee them. I agree to pay attention to the state of the ropes in the gym and that of the anchors, and to advise gym staff if I do any damage or notice any damage. I agree to abide by all gym rules, and if gym staff makes a specific request of or instruction to me, I agree to comply.
I am physically fit and know of no medical or health reason why I should not participate in the activities that take place at Boulders, Ltd.
I agree to assume all risk of property damage and personal injury, including paralysis and death, that may occur while I am in the gym, or while I am climbing anywhere, at any time. I hereby release Boulders, Ltd., its’ directors, partners, owners, officers, employees, wall builders, wall designers, hold manufacturers, lessors, insurers, and agents, from all liability for any such personal injury or property damage that I may incur. This release even extends to injuries or loss that may occur through the negligence of gym employees or other parties released.
I understand that indoor climbing is not the same as outdoor climbing, and that additional skills are necessary for outdoor climbing that cannot be acquired in the gym. I agree to seek qualified instruction before attempting to climb outdoors.
This release applies to and binds my personal representatives, heirs, and my family. If a member of my family under the age of 18 accompanies me to the gym, I make this release and these representations on his/her behalf as well as my own, and I agree to assume responsibility for his/her safety.
Parents and guardians take note!
If I am a parent or guardian of a minor climbing at the gym, whether or not I am a member myself, or is present when the minor is climbing, I agree to indemnify and hold harmless Boulders, Ltd., and the other parties released, in the event the minor sues them or any one of them. I understand that this means I will pay all fees, costs, and charges, incurred by Boulders, Ltd., or any other party released, including attorney fees for the investigation and defense of claims.
Birthday party hosts, etc., take note!
If I am an adult in charge of a group of minors and am taking them to the gym, I agree to have a release, similar to this one, signed by a parent of each minor in the group. I understand that if I fail to do so, the gym can refuse to let the minor climb or at its’ option, agree to let the minor climb, but that it does so only because I hereby agree to assume full responsibility for the safety of that minor child, and to indemnify and hold harmless Boulders, Ltd., and the other parties released, if that child is injured or suffers any loss and any claim is made on account of those injuries or losses.
This release is a binding legal contract
I understand that this release is a contract. I sign it of my own free will. I also understand that this contract is survivable; in other words, that if any part of it is held by a court of law to be unenforceable, the rest of it shall survive.
CLIMBING CONTAINS AN INHERENT RISK. EACH PARTICIPANT MUST INDIVIDUALLY ASSUME RESPONSIBILITY FOR LEARNING PROPER TECHNIQUE INVOLVED WITH ROCK CLIMBING.
Date: November 16, 2019