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 Never Stop Moving (“NSM”) or anyone associated with NSM for injuries or losses you suffer while participating in activities with NSM at all and any locations.
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 space 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 WITH NEVER STOP MOVING WITHOUT THE SIGNED WAIVER. NSM ACTIVITIES HEREINAFTER MEANS PARTICIPATING IN ANY AND ALL CLINICS, EDUCATIONAL PROGRAMS, TRAINING PROGRAMS, CLIMBING TRIPS, TRAINING CLUB NIGHTS, SPEAKING EVENTS AND ALL ASSOCIATED EVENTS HOSTED BY NSM.
I UNDERSTAND THAT SIGNING THIS DOCUMENT WILL PREVENT ME, MY HEIRS, EXECUTORS, DEPENDENTS, BENEFICIARIES AND ASSIGNS FROM SUING NSM, ITS MEMBERS, OFFICERS, COORDINATORS, EMPLOYEES, INSTRUCTORS, VOLUNTEERS, AGENTS OR GUESTS FOR ANY INJURIES, INCLUDING DEATH AND PARALYSIS, OR DAMAGES THAT I MIGHT RECEIVE WHILE PARTICIPATING IN ANY ACTIVITIES WITH NSM.
- I ASSUME ALL RISKS:
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 NSM instruction relating to these activities. These risks and hazards can include, but are not limited to, injuries arising from falling objects or people, being struck by falling objects or people; falling while climbing; 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 or agents of NSM 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 involvement in NSM activities and any instruction or knowledge I obtain at those activities 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 AND ALL OTHER NSM ACTIVITIES EXPOSES 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 USE OF NSM EQUPIMENT AND PARTICIPATING IN ANY NSM ACTIVITY.
- I WAIVE AND RELEASE ALL CLAIMS:
I recognize that NSM will not offer this activity without obtaining a release of liability.
I KNOWINGLY, INTENTIONALLY AND VOLUNTARILY WAIVE ALL CLAIMS AGAINST AND RELEASE NSM AND ANYONE ASSOCIATED WITH NSM, INCLUDING WITHOUT LIMITATION ITS MEMBERS, OFFICERS, COORDINATORS, EMPLOYEES, INSTRUCTORS, AGENTS, GUESTS, VOLUNTEERS AND THIRD PARTIES, FROM ALL LIABILITY, 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 NSM ACTIVITY OR FROM USE OF NSM EQUIPMENT AND THE TRAINING PROGRAM.
- I WILL INDEMNIFY NSM:
I agree to defend, protect, INDEMNIFY, and hold harmless NSM, members, officers, coordinators, employees, instructors, agents, volunteers 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 participation in NSM activities and use of NSM equipment. I agree to pay the reasonable attorneys' fees and all other costs of all parties if I bring a suit for injuries suffered during activities with NSM and that action is unsuccessful, in whole or in part. Additionally, in consideration of, and part payment for my right to participate in NSM activities, I EXPRESSLY AGREE NOT TO SUE NSM MEMBERS, OFFICERS, COORDINATORS, EMPLOYEES, INSTRUCTORS, AGENTS, VOLUNTEERS AND GUESTS AND HEREBY WAIVE ALL CLAIMS AND LIABILITIES AGAINST NSM AND THOSE PARTIES INCLUDING, WITHOUT LIMITATION, CLAIMS FOR NEGLIGENCE ARISING FROM MY PARTICIPATION IN NSM ACTIVITIES OR USE OF NSM EQUIPMENT.
- I AGREE TO ABIDE BY ALL NSM RULES:
I agree to abide by all NSM rules contained in written form as well as verbal directions that may be given by NSM members, officers, coordinators, employees, instructors, volunteers and agents.I MAY NOT USE NSM EQUIPMENT OR PARTICIPATE IN NSM ACTIVITIES IF I AM UNDER THE INFLUENCE OF ALCOHOL OR OTHER DRUGS.
- I AM PHYSICALLY QUALIFIED TO PARTICIPATE:
I certify that I have no physical limitations or medical conditions that would impair my ability to fully and safely participate in NSM activities or use NSM equipment. I agree to inform NSM of any conditions that may have any effect on my ability to fully and safely participate in NSM activities or use NSM equipment, so that a determination can be made as to the proper course of action.
- OTHER PROVISIONS:
- This agreement constitutes the complete and sole agreement between you and NSM.
- This agreement covers my participation in all NSM activities and all associated events.
- THE LAWS OF THE STATE OF WASHINGTON SHALL GOVERN THIS AGREEMENT. VENUE FOR ANY ACTION SHALL BE KING COUNTY, WASHINGTON.
7. 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: August 20, 2019