In consideration of the services of El Bloque Bouldering Gym, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as El Bloque), I hereby agree to release, indemnify, and discharge El Bloque, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
- I acknowledge that my participation in walking, climbing, bouldering and training entails known and unanticipated risks that can result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: moderate physical activity; the hazards of walking on uneven terrain and slips and falls; pinches, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, concussions, or even more severe life threatening hazards; the risk of falling off the climbing wall; the negligence of other participants or persons who may be present; my own physical condition, and the physical exertion associated with this activity. Furthermore, El Bloque employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
- I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
- I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless El Bloque from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of El Bloque’s equipment, including any such claims which allege negligent acts or omissions of El Bloque.
- Should El Bloque or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
- I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
- In the event that I file a lawsuit against El Bloque, I agree to do so solely in the island of Puerto Rico, and I further agree that the substantive law of Puerto Rico shall apply in that action without regard to the conflict of law rules of that island. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
By signing this document, i acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against El Bloque on the basis of any claim from which I have released El Bloque herein.
I have had sufficient opportunity to read this entire document, I have read and understood it, and I agree to be bound by its terms.
Date: November 30, 2021