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Waiver
(Assumption of risk agreement and release of liability)

Please read carefully!
Everyone entering The Boulder Field facility must complete this form

I and/or my child (collectively “I”, “me” or “my”) understand and acknowledge that I have voluntarily chosen to participate in activities at The Boulder Field and/or to enter The Boulder Field facilities, including but not limited to (1) climbing, (2) bouldering, (3) spotting, (4) yoga, (5) fitness classes,  (6) personal training, (7) using fitness equipment, weights, saunas, and other facilities within The Boulder Field, (8) participation in leagues, competitions, after school programs, camps, or special events, and (9) instruction in any activities, (10) observation of any activities, and (11) any other activity undertaken on The Boulder Field premises (hereinafter collectively referred to as “The Boulder Field activities”). I understand that there are many alternatives to The Boulder Field activities, including but not limited to outdoor rock climbing and exercising on my own in outdoor settings. I understand that I will not be supervised by The Boulder Field staff, and am solely responsible for my own actions. In consideration for my being allowed to participate in The Boulder Field activities and the use of The Boulder Field facilities, I hereby agree to release and discharge from all liability The Boulder Field, LLC, and each of their agents, owners, investors, officers, directors, volunteers, employees, coaches, instructors, contractors, participants, guests, all other persons or entities acting in any capacity on their behalf, landlords, and property owners (hereinafter collectively referred to as “The Boulder Field”), on behalf of myself, my children, my parents, my heirs, my assigns, my personal representatives, my guardian, and my estate as set forth herein.

  1. Acknowledgment of Risks.  I recognize that there are significant inherent and other risks, which may or may not all be listed in this document, associated with The Boulder Field activities. These dangers include but are not limited to falling; landing on or striking padded or unpadded surfaces; being injured by falling objects or participants; being injured by the actions or inactions of other participants; being injured by the negligence of The Boulder Field or others; movement of climbing holds; equipment failures of any kind; and physical, mental, and emotional injury as a result of engaging in physical activity. I recognize that if I encounter these risks, serious injury or death may result, and I understand that no amount of care, caution, instruction or expertise can eliminate these risks. I understand that I alone am responsible to decide whether to engage in The Boulder Field activities. I confirm that I am physically and mentally capable of participating in The Boulder Field activities, and I understand that if my physical or mental condition changes after the execution of this agreement such that I am not capable of participating in The Boulder Field activities, I am obligated to cease participating in The Boulder Field activities.
     
  2. Assumption of Risks. Despite the risks involved in The Boulder Field activities and as consideration for being allowed to participate in The Boulder Field activities, I AGREE TO EXPRESSLY ASSUME ANY AND ALL RISKS OF INJURY OR DEATH, both known and unknown, that might be associated with my participation in The Boulder Field activities and use of the facilities at The Boulder Field, including, but not limited to: (1) climbing, (2) bouldering, (3) spotting, (4) yoga, (5) fitness classes,  (6) personal training, (7) using fitness equipment, weights, saunas, and other facilities within The Boulder Field, (8) participation in leagues, competitions, after school programs, camps, or special events, (9) instruction in any activities, (10) observation of any activities, and (11) any other activity undertaken on The Boulder Field premises (collectively, “use of the facilities”).  My participation in The Boulder Field activities and use of the facilities is purely voluntary, and I elect to participate in the Boulder Field activities and use the facilities understanding the existence of these risks.
     
  3. Agreement Never to Sue.I AGREE NEVER TO SUE AND I AGREE TO RELEASE FROM LIABILITY The Boulder Field for any damage, injury or death to me arising from participation in The Boulder Field activities or use of the facilities, regardless of cause, including the ALLEGED NEGLIGENCE of The Boulder Field, including claims of negligent instruction, with the exception of claims that cannot be released under applicable law.I understand that this WAIVER (ASSUMPTION OF RISK AGREEMENT AND RELEASE OF LIABILITY) will prevent me, my child, and my heirs from filing suit or making any claim for damages in the event of injury or death arising from my participation in The Boulder Field activities or use of the facilities. I UNDERSTAND THIS IS A RELEASE OF LIABILITY that will apply whenever I participate in The Boulder Field activities or use of the facilities. I understand and agree that each time I use the facilities and or engage in The Boulder Field activities, or anyone for whom I have executed this agreement uses the facilities and/or engages in The Boulder Field activities, that will constitute a renewal and reaffirmation of my and the users’ acceptance of this agreement. FURTHER, I UNDERSTAND AND AGREE THAT WHENEVER I ENGAGE IN THE BOULDER FIELD ACTIVITIES OR USE THE FACILITIES IN THE FUTURE, THIS RELEASE WILL BE VALID AND BINDING UPON ME, MY CHILD, MY PARENTS, MY HEIRS, MY ASSIGNS, MY PERSONAL REPRESENTATIVES, MY GUARDIAN AND MY ESTATE.
     
  4. Indemnity.  If I, my child, my heir, my estate, or my legal representative files a claim or a lawsuit arising out of my participation in The Boulder Field activities or use of the facilities, I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS The Boulder Field for any and all damages, attorneys fees, and costs arising out of such a claim or lawsuit.
     
  5. Insurance.   I represent and certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the activities, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical condition that could interfere with my safety while participating in these activities, or else I am willing to assume, and bear the cost of, all risks that may be created, directly or indirectly, by any such condition.
     
  6. Orientation and Training.  I acknowledge that The Boulder Field requires me to review orientation materials before participating in The Boulder Field activities, and I certify that I have reviewed the orientation materials and gym rules prior to signing this agreement. I certify that I have watched the bouldering orientation video and expressly confirmed to a staff member of The Boulder Field that I watched the bouldering orientation video, and asked any questions that I may have prior to participating in The Boulder Field activities.  If the participant is a minor, and this agreement is signed by a parent or legal guardian, I as the parent or legal guardian understand that it is my responsibility to review the orientation materials, video, and posted gym rules and provide the information therein to my child. I agree that I will not participate in The Boulder Field activities or use the facilities until I have reviewed and understood the orientation materials and the posted gym rules. I acknowledge and agree that I am responsible for completing the required orientation. I understand that if I need additional assistance, orientation, instruction, training or assessment at any time before or during my participation in The Boulder Field activities, it is my responsibility to seek such assistance, orientation, instruction, training or assessment prior to participating in any of The Boulder Field activities for which I need additional assistance, orientation, instruction, training or assessment.
     
  7. Climbing at The Boulder Field Is Not the Same as Other Rock Climbing. I understand that climbing at The Boulder Field is not the same as climbing on real rocks or on other artificial rock surfaces. I understand that the instruction I receive at The Boulder Field is not necessarily applicable to other real or artificial rock climbing. I understand that the instruction I receive at The Boulder Field does not necessarily prepare me to climb without supervision. I further understand and accept the risk that the climbing holds used on artificial climbing surfaces are a convenience, not a safety feature, and they may break and/or fall.
     
  8. Climbing Shoes.  I understand that The Boulder Field may provide climbing shoes, which I may choose to use in The Boulder Field activities.  I understand that The Boulder Field makes no representations about the safety or suitability of such shoes, and I assume any and all risks, and The Boulder Field assumes no such risks, associated with the use of such shoes.  If I instead choose to bring and use my own shoes for The Boulder Field activities, I assume and accept all responsibility for the proper selection, use, care, inspection, maintenance and storage of those shoes. I agree to use only shoes that have been manufactured and certified for use in the type of climbing available at The Boulder Field, and acknowledge that it is my responsibility both to determine the shoes’ suitability for this use, and to use these shoes in accordance with the manufacturer’s instructions.
     
  9. Rules. I have read the posted The Boulder Field rules and I agreed to abide by them. I understand that The Boulder Field is not responsible for enforcing these rules on me or other participants in The Boulder Field activities. I understand that The Boulder Field, at its sole discretion, may require me to cease participating in The Boulder Field activities and leave the facility for failure to abide by these rules.
     
  10. Photo and Video Release. The Boulder Field may photograph or videotape The Boulder Field activities and its facilities and participants, including me.  I agree to grant The Boulder Field, its representatives, employees, participants, and others the right to take photographs or videos of me in connection with my participation in the activities.  I hereby authorize them to copyright, use and publish the same in print and/or electronically.  I hereby agree that they may use such photographs of me for any lawful purpose, including but not limited to marketing, publicity, illustration, advertising, Web content, and evidence in litigation.
     
  11. Governing Law, Jurisdiction and Severability of Provisions. I agree that this Waiver (Assumption of Risk Agreement and Release of Liability) shall be governed by California law and construed as broadly as permissible under the law. In the event that I file a lawsuit against The Boulder Field, I agree to do so solely in the State of California, Sonoma County Superior Court. I agree that if any portion of this Waiver (Assumption of Risk Agreement and Release of Liability) is held to be invalid, the rest shall nonetheless remain in full force and effect. This document constitutes the entire agreement between the parties and it cannot be changed or modified except in writing. THIS IS A WAIVER (ASSUMPTION OF RISK AGREEMENT AND RELEASE OF LIABILITY).

DO NOT SIGN IT UNLESS YOU AGREE TO BE BOUND BY ITS TERMS.
I HAVE CAREFULLY READ ALL PAGES OF THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A COMPLETE RELEASE OF LIABILITY AND A BINDING CONTRACT BETWEEN MYSELF AND THE BOULDER FIELD, AND I SIGNED IT OF MY OWN FREE WILL.  I AGREE TO BE BOUND BY ITS TERMS IN THEIR ENTIRETY.  I CERTIFY THAT I AM AT LEAST 18 YEARS OF AGE ON THE DATE HEREOF.

Date Signed: July 21, 2019

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
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Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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