What you are about to read and are requested to sign is a waiver and release of liability. Upon signing it, you will give up your right to sue the Minneapolis Bouldering Project LLC (“MBP”) or anyone associated with MBP for injuries or losses you suffer while using MBP facilities or while participating in activities at the MBP facilities located at 1433 W. River Rd. Minneapolis, MN 55411.
Please take your time and read this agreement very carefully. When you are certain that you understand the importance of each paragraph, sign your initials in the spaces provided. Sign the document only after you have read and understand everything. If you have any questions about the agreement, consult your attorney. Thank you for your attention to this matter.
YOU WILL NOT BE ALLOWED TO PARTICIPATE IN ANY ACTIVITIES AT THE MINNEAPOLIS BOULDERING PROJECT WITHOUT THE SIGNED WAIVER.
I UNDERSTAND THAT SIGNING THIS DOCUMENT WILL PREVENT ME, MY HEIRS, EXECUTORS, DEPENDENTS, BENEFICIARIES AND ASSIGNS FROM SUING MBP, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS OR GUESTS FOR ANY INJURIES, INCLUDING DEATH AND PARALYSIS, OR DAMAGES THAT I MIGHT RECEIVE WHILE PARTICIPATING IN ANY ACTIVITIES AT MBP.
*INITIAL EACH SECTION BELOW WHEN READ AND UNDERSTOOD:
1. CLIMBING IS DANGEROUS. I ASSUME ALL RISKS.
Climbing is dangerous. I understand that there is a significant risk of serious physical injury, death and other damages inherent in indoor and outdoor climbing, bouldering and physical fitness training activities, and in my use of MBP facilities and instruction relating to these activities. These risks and hazards can include, but are not limited to, injuries arising from falling and striking objects or other people; being struck by falling objects or people; failure of any part or all of the climbing structures, flooring systems, building or training and fitness apparatus; defective, worn, uneven, separated or additional flooring or pads; hazards created by additional pads; falling and failing to land on a pad; failure and/or breakage of climbing holds; failure of climbing hold anchoring systems and hardware; failure of anchoring systems, anchors and belay devices used to secure climbing anchors and ropes; falling because of improper use of ropes and safety equipment; strained or sprained muscles, joints and connective tissue; broken bones; personal injury including paralysis, death, illness, property damage, and other losses. Injury or death can arise from errors in judgment, from lack of training or information, from the negligence of me, employees of MBP or other parties, as well as the risks normally associated with athletic endeavors. There is no way to eliminate the risk of serious harm or death. I understand that my use of MBP facilities and any instruction or knowledge I obtain at those facilities IS NOT sufficient to prevent the dangers and risks of indoor and outdoor climbing. I CERTIFY THAT I UNDERSTAND CLIMBING, BOULDERING AND PHYSICAL FITNESS TRAINING ACTIVITIES EXPOSE ME TO A HIGH RISK OF INJURY OR ACCIDENT. I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS, WHETHER KNOWN OR UNKNOWN, OF INJURY, ILLNESS, DEATH OR DAMAGE OF WHATEVER KIND ARISING OUT OF MY PARTICIPATING IN ANY SUCH ACTIVITY AT MBP FACILITIES OR SPONSORED BY MBP.
2. I WAIVE AND RELEASE ALL CLAIMS.
I recognize that MBP could not offer this activity without obtaining a release of liability. In consideration of, and part payment for the right to use MBP’s facilities, I RELEASE MBP AND ANYONE ASSOCIATED WITH MBP, INCLUDING WITHOUT LIMITATION ITS LANDLORD, OFFICERS, DIRECTORS, STAFF, INSTRUCTORS, VOLUNTEERS, MEMBERS, AGENTS, GUESTS AND THIRD PARTIES, FROM ALL LIABILITY, AND KNOWINGLY, INTENTIONALLY AND VOLUNTARILY WAIVE ALL CLAIMS, DEMANDS OR CAUSES OF ACTION OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY CLAIMS OF NEGLIGENCE, WHICH MAY ARISE AS A RESULT OF MY PARTICIPATION IN A MBP-SPONSORED ACTIVITY OR FROM USE OF MBP FACILITIES OR EQUIPMENT.
3. I WILL INDEMNIFY MBP.
In consideration of, and in part payment for the right to use MBP’s facilities, I agree to defend, protect, INDEMNIFY, and hold harmless MBP, its officers, directors, members, instructors, employees, agents and guests from and against any and all claims, suits, actions at law or in equity, for damages or other relief and against any liability of any nature, together with attorneys' fees and costs incurred, that may arise out of my use of MBP property or facilities, INCLUDING BUT NOT LIMITED TO INJURIES ARISING FROM MY VIOLATION OF MBP RULES. I agree to pay the reasonable attorneys' fees and all other costs of all parties if I bring a suit for injuries suffered at MBP and that action is unsuccessful, in whole or in part. Additionally, in consideration of, and part payment for my right to participate in a MBP-sponsored activity, I EXPRESSLY AGREE NOT TO SUE MBP, ITS LANDLORD, OFFICERS, DIRECTORS, MEMBERS, INSTRUCTORS, EMPLOYEES, VOLUNTEERS, AGENTS AND GUESTS AND HEREBY WAIVE ALL CLAIMS AND LIABILITIES AGAINST MBP AND THOSE PARTIES INCLUDING, WITHOUT LIMITATION, CLAIMS FOR NEGLIGENCE ARISING FROM MY (OR THE MINOR’S) PARTICIPATION IN ROCK CLIMBING ACTIVITIES OR USE OF MBP FACILITIES OR EQUIPMENT.
4. I AGREE TO ABIDE BY ALL MBP RULES.
5. I AM PHYSICALLY ABLE TO PARTICIPATE.
I certify that I have no physical limitations or medical conditions that would impair my ability to fully and safely use MBP facilities. I agree to inform MBP of any conditions that may have any effect on my ability to fully and safely use MBP facilities, so that a determination can be made as to the proper course of action.
6. OTHER PROVISIONS.
- This agreement constitutes the complete and sole agreement between you and MBP, its officers, directors, instructors, employees, volunteers, agents, members and guests and all others associated with MBP. Evidence of any other agreements, whether oral or in writing, are void and inadmissible and unenforceable in a court of law, arbitration or other dispute resolution proceeding.
- INDIVIDUAL OFFICERS, DIRECTORS, MBP MEMBERS, INSTRUCTORS, EMPLOYEES AND AGENTS HAVE NO AUTHORITY OR POWER TO ALTER THE TERMS OF THIS AGREEMENT, EITHER ORALLY OR IN WRITING. This agreement covers my use of MBP facilities as well as my participation in all MBP activities and all associated events.
- THE LAWS OF THE STATE OF MINNESOTA SHALL GOVERN THIS AGREEMENT. VENUE FOR ANY ACTION SHALL HENNEPIN COUNTY, MINNESOTA.
Severability: If any provision of this agreement or its application to any person or circumstance is held invalid or void, the remainder of the agreement and its application to other persons or circumstances is not affected and remains in full force and effect.
I AM FULLY AWARE OF THE CONTENTS OF THIS AGREEMENT AND RELEASE, AND HAVE READ AND UNDERSTAND ALL OF THE TERMS. THE TERMS OF THIS AGREEMENT BIND ME, MY FAMILY (INCLUDING BUT NOT LIMITED TO SPOUSES AND DOMESTIC PARTNERS), HEIRS, EXECUTORS,
ADMINISTRATORS, DEPENDENTS, BENEFICIARIES AND ASSIGNS. I recognize that if I have any questions regarding my waiver of rights, I should consult an attorney.
Date: April 9, 2020