In consideration of the use of the High Steppe Climbing Center LLC (HSCC) facilities, I,
the Participant, or if the Participant identified above is under 18 years of age, the Parent or Legal Guardian of the Participant, agree to and understand the following. In the case of a Parent or Legal Guardian signing on behalf of a minor, the terms “Participant,” “I,” and “me” shall include both the individual identified above, and the Parent or Legal Guardian.
I agree to use my best efforts to have fun and be as safe as possible while at HSCC! I acknowledge that I have carefully watched the HSCC instructional and safety video for climbing at HSCC. I agree to climb as safely as possible at HSCC. I agree to pay attention to my safety techniques, my personal hygiene, and watch for problems with all equipment I use at HSCC.
I will read this entire Waiver, and if I am unsure or unclear as to any part of the Waiver, I will not sign the Waiver. I acknowledge that this Waiver is available on line at HSCC’s website or at HSCC, and that I have the opportunity to have it reviewed and/or explained to me by an attorney of my choosing prior to signing it.
By signing this Waiver, I am expressly waiving and giving up any claims for damages, for payment of medical bills, or for other compensation against and from HSCC or its employees and all Released Parties arising from any injuries I sustain or illnesses I acquire while using HSCC facilities, including injuries or illnesses that may be caused by the negligence of HSCC or its employees or Released Parties; in order to use HSCC facilities, I am assuming all risks in connection with such use known and unknown, of injury, illness and/or death.
HSCC is primarily an indoor climbing gym, but it has other facilities and equipment for fitness training and recreation. The term “Climbing” used below refers to ALL activities at HSCC’s facilities, including but not limited to roped and un-roped climbing, group activities, team activities, games, use of any exercise equipment, use of weights and slack lining.
Climbing is an inherently dangerous sport that involves risks, both known and unknown, that can result in minor injuries, illnesses, severe and catastrophic injuries, paralysis, and death (collectively “injuries”). Events that can cause these injuries include, but are not limited to, my negligence, negligence of others, my failure to follow HSCC rules, falling from the walls, inattentive or improper belay, another climber falling on me, me falling on another climber, helmets catching on equipment on the walls, improperly tied knots, knots failing, harnesses worn or adjusted improperly, equipment such as harnesses, belay devices, ropes, rope anchors, quick draws, carabiners, holds, treadmills and other exercise equipment failing, and failure of climbers to follow appropriate hygiene protocols.
I agree to release and forever discharge HSCC and its members, employees, investors, partners, agents, independent contractors, volunteers, representatives, sponsors, Vertical Solutions Inc., and Cascade Parkway, LLC (the “Released Parties”) from any and all claims, actions, liabilities damages, suits, and expenses, including attorney’s fees and costs (collectively “Claims”) in connection with any injuries I may sustain while using HSCC facilities, even if those injuries are caused in whole or in part by the negligence (but not gross negligence or reckless conduct) of the Released Parties. I agree that this waiver is binding on my heirs, successors, assigns, next of kin, spouse, children, parents and Estate.
I freely and voluntarily agree personally to assume the risk for any injuries I may sustain or illnesses I acquire while using HSCC’s facilities. I agree that my assumption of the risk is binding on my heirs, successors, assigns, representatives, executors, next of kin, spouse, children, parents and Estate. My assumption of the risk of injury is for all risks, whether known, unknown, unanticipated or unforeseeable.
I agree not to sue the Released Parties for any Claims arising out of the use of HSCC’s facilities.
I agree to indemnify, reimburse, and hold harmless the Released Parties for Claims against the Released Parties, which include all amounts paid, all expenses, and the attorneys’ fees incurred by the Released Parties defending the claims, in connection with or arising out of the use of HSCC facilities, brought by me or on my behalf, brought by a family member or minor accompanying me, or brought by someone I am climbing with arising out of any injury caused in whole or in part by my negligence.
I agree to immediately report any injuries or illnesses to HSCC staff that I or anyone I am climbing with sustain or acquire while using HSCC facilities, regardless of how minor.
I agree and represent that I have insurance to cover and pay for the treatment of any injuries I may sustain while using HSCC’s facilities, and if I do not have such insurance, I agree to pay and be solely responsible for the costs of medical treatment of any such injuries myself.
I agree that before Climbing, I will read and understand all HSCC Rules, and I agree to follow all Rules. HSCC sells beer and wine and it is absolutely forbidden for anyone who has consumed any alcohol to enter the climbing area or use any of HSCC’s equipment. I agree that if I have consumed any alcohol, on or off HSCC premises, I will not enter the climbing area or use any of HSCC’s equipment.
This Waiver is governed by the laws of the State of Washington. In the event that I initiate any legal action against any of the Released Parties, I agree that it will be filed in Yakima County Superior Court.
If any part of this Waiver is found to be in conflict with Washington law and unenforceable, it shall not affect the enforceability of the remainder of the Waiver.
I AM AT LEAST 18 YEARS OF AGE, I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIE ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS.
Parent(s) or Court-Appointed Legal Guardian(s) must sign below for Minor(s) and agree that they and the minor are subject to all the terms of this document.
Today's Date: July 3, 2020