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BRIMSTONE BOULDERS
AGREEMENT OF RELEASE AND INDEMNITY

(INCLUDING OUTDOOR ACTIVITIES)

PLEASE READ CAREFULLY: THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN RIGHTS

 

By signing this document, the Participant, their heirs, dependents, beneficiaries, executors and assigns waive the right to sue Brimstone LLC, doing business as Brimstone Boulders, and its members, managers, directors, officers, employees, affiliates, contractors, organizers, sponsors, volunteers, and agents (“Brimstone”).

 

The Participant understands that by participating in any Brimstone activity, Participant exposes themselves to risks, both foreseeable and unforeseeable; foreseen and unforeseen. These risks may result in minor injury, major injury, emotional injury, damage to property, paralysis and/or death.

 

The Participant understands that rock climbing, bouldering, traversing, use of climbing and fitness equipment and any other sports, games, events, competitions or activities (“Activities”) are hazardous and that injuries can occur. Participant accepts and assumes risks associated with Activities, including, but not limited to: injuries arising from falling and striking objects or people; being struck by falling objects or people; failure of any part or all of the climbing structures or anchoring systems and hardware; equipment failure or malfunction; weather conditions; surface and subsurface conditions; rock or debris fall; failure and/or breakage of climbing holds; injury resulting from lack of or inadequate spotting; injury resulting from loss of grip or control, exceeding one’s ability, loss of balance, fatigue, exhaustion, and no or delayed first aid or rescue. Participant freely and expressly assumes any and all risk of injury, death and property damage associated with Activities.

 

In consideration for participation in any of the Activities and the use of any other facilities, premises, or equipment, Participant hereby agrees to release, hold harmless, and indemnify Brimstone from any and all claims against Brimstone arising directly or indirectly out of any Activities, transportation to and from any Activities, and/or the use of any Brimstone facilities, premises, or equipment. This Release includes claims and liabilities arising from negligence on the part of Brimstone, but does not include claims based upon gross negligence or intentional conduct. Participant also agrees to indemnify (including costs and attorney fees) Brimstone for any claim brought on behalf of a minor.

 

Participant understands that participation in the Activities is voluntary and that Participant is solely responsible for determining whether Participant is capable and has the skill necessary to perform the Activities.

 

Participant certifies that Participant has no physical limitations or medical conditions that would impair ability to fully and safely participate in any Activities, or else Participant is willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition.

 

Participant accepts for use “as is” any equipment provided and accepts full responsibility for the care of the equipment while it is in Participant's possession. Participant is responsible for the replacement at full retail value of any equipment provided if the equipment is not returned. Participant agrees to reimburse Brimstone for any loss or damage to the equipment, other than reasonable wear and tear. Participant understands that there are inherent and other risks involved in the use of the equipment and that injuries can and do occur, and Participant expressly assumes these risks.

 

Participant agrees to abide by all laws, rules, codes of responsibility, regulations, directions signage, and/or orders of Brimstone. Participant understands that Brimstone may, among other things, revoke any Activities privileges if Participant fails to do so.

 

Venue for any legal proceeding arising out of this Agreement and/or the Activities shall be in Hood River County, Oregon. This Agreement is governed by Oregon law.

 

If any provision of this agreement or its application to any person or circumstance is held invalid or void, the remainder of the agreement is not affected and remains in full force and effect.

 

Participant understands that by using the Facility there is potential that their name, image, or voice (“Image”) may be collected. Participant hereby irrevocably grants to Brimstone the right to use his/her/their Image for any educational, promotional, advertising, or other purpose on behalf of Brimstone. Participant agrees that all intellectual property rights to his/her/their Image belong to Brimstone and waives any right to approve, inspect, and/or receive royalties or other benefits from the use of his/her/their Image.

 

I certify that I am at least 18 years old on the date hereof, or that I am the parent or legal guardian of the participant.

 

I have carefully read this Agreement in its entirety. I understand this Agreement and all of its terms. I understand that this is a release. I enter into this Agreement voluntarily and understand that it is binding upon me and my heirs and representatives.

 

Dated: May 14, 2024

First Participant's Name

First Name*

Last Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First 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*
Check to receive information, news, and discounts by e-mail.
Email me a copy of this document.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
How did you hear about us?
How did you hear about us?
Online
Radio
From a Friend
Newspaper
From a Flyer
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.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First 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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