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Minneapolis Bouldering Project, LLC

Release of Liability, Waiver of Claims, Assumption of Risk, Covenent Not to Sue and Hold Harmless Agreement 

 MINNEAPOLIS BOULDERING PROJECT, LLC

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, COVENANT NOT TO SUE AND HOLD HARMLESS AGREEMENT

 

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 Minneapolis Bouldering Project (“MBP”) or anyone associated with MBP for injuries or losses you suffer while using MBP facilities or while participating in activities at MBP facilities, including but not limited to facilities at 1433 West River Road North in Minneapolis, Minnesota 55411.

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 AT MINNEAPOLIS BOULDERING PROJECT WITHOUT THE SIGNED WAIVER.

I UNDERSTAND THAT SIGNING THIS DOCUMENT WILL PREVENT ME, MY HEIRS, EXECUTORS, DEPENDENTS, BENEFICIARIES AND ASSIGNS FROM SUING MBP, ITS OWNERS, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS OR GUESTS FOR ANY INJURIES, INCLUDING DEATH AND PARALYSIS, OR DAMAGES THAT I MIGHT RECEIVE WHILE PARTICIPATING IN ANY ACTIVITIES WITH MBP OR AT MBP FACILITIES.

 


(Initial here when read and understood)

 

1.  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 MBP facilities and instruction relating to these activities.  These risks and hazards can include, but are not limited to, injuries arising from falling and striking objects or other people; being struck by falling objects or people; failure of any part or all of the climbing structures, flooring systems, building or training and fitness apparatus; defective, worn, uneven, separated or additional flooring or pads; hazards created by additional pads; falling and failing to land on a pad; landing on a pad and nonetheless suffering an injury; failure and/or breakage of climbing holds; failure of climbing hold anchoring systems and hardware; 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; injury resulting from lack of spotting, inadequate spotting or other spotting-related injury; injuries related to fitness training classes including without limitation yoga classes; risks associated with walking on streets and sidewalks to access MBP facilities; 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 MBP 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 use of MBP facilities and any instruction or knowledge I obtain at those facilities IS NOT sufficient to prepare me for the dangers and risks of indoor and outdoor climbing.


(Initial here when read and understood)

2. ACKNOWLEDGEMENT AND ASSUMPTION OF RISK OF INFECTIOUS DISEASE. 

I understand and have familiarized myself with the dangers of COVID-19 and understand that participating in activities at this facility may subject me to exposure to and infection by COVID-19 or other infectious disease.  I have read and agree to comply with all rules and recommendations of MBP facilities and applicable local, state and federal health authorities with respect to COVID-19 or other infectious disease. I acknowledge and understand that such rules may be inadequate to protect me from the risk of transmission of disease by or to others. I understand that state, federal, and local guidelines rapidly change, and that the rules and recommendations of MBP facilities therefore may not reflect the most recent health guidance.  Notwithstanding the risks associated with COVID-19 or other infectious disease, including without limitation the risk of illness or death, which I readily acknowledge, I hereby willingly choose to participate in activities at this facility, AND I ACKNOWLEDGE AND FULLY ASSUME THE RISK OF ILLNESS OR DEATH TO MYSELF OR OTHERS RELATED TO COVID-19 OR OTHER INFECTIOUS DISEASE ARISING FROM MY PRESENCE AT MBP AND/OR PARTICIPATION IN ACTIVITIES AT MBP.


(Initial here when read and understood)

3. I ASSUME ALL RISKS.

I CERTIFY THAT I UNDERSTAND CLIMBING, BOULDERING AND PHYSICAL FITNESS TRAINING ACTIVITIES, EXPOSE ME TO A HIGH RISK OF INJURY OR ACCIDENT.  I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS INCLUDING BUT NOT LIMITED TO THOSE ENUMERATED IN THIS DOCUMENT, WHETHER KNOWN OR UNKNOWN, OF INJURY, ILLNESS, DEATH OR DAMAGE OF WHATEVER KIND ARISING OUT OF MY USE OF MBP FACILITIES OR EQUIPMENT OR MY PARTICIPATION IN ANY ACTIVITY AT MBP FACILITIES OR SPONSORED BY MBP.


(Initial here when read and understood)

4.  I WAIVE AND RELEASE ALL CLAIMS.

I recognize that MBP could not offer this activity without obtaining a release of liability.  In consideration of, and part payment for the right to use MBP’s facilities, I RELEASE MBP AND ANYONE ASSOCIATED WITH MBP, INCLUDING WITHOUT LIMITATION ITS OWNERS, OFFICERS, DIRECTORS, STAFF, INSTRUCTORS, MEMBERS, AGENTS, GUESTS AND THIRD PARTIES, FROM ALL LIABILITY, AND KNOWINGLY, INTENTIONALLY AND VOLUNTARILY WAIVE ALL CLAIMS, 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 MBP-SPONSORED ACTIVITY OR FROM USE OF MBP FACILITIES OR EQUIPMENT. 


(Initial here when read and understood)

5.  I WILL INDEMNIFY MBP.

In consideration of, and in part payment for the right to use MBP’s facilities, I agree to defend, protect, INDEMNIFY, and hold harmless MBP, its owners, officers, directors, members, instructors, employees, agents 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 use of MBP property or facilities, INCLUDING BUT NOT LIMITED TO INJURIES ARISING FROM MY VIOLATION OF MBP RULES.  I agree to pay the reasonable attorneys' fees and all other costs of all parties if I bring a suit for injuries suffered at MBP and that action is unsuccessful, in whole or in part. Additionally, in consideration of, and part payment for my right to participate in a MBP-sponsored activity, I EXPRESSLY AGREE NOT TO SUE MBP, ITS OWNERS, OFFICERS, DIRECTORS, MEMBERS, INSTRUCTORS, EMPLOYEES, AGENTS AND GUESTS AND HEREBY WAIVE ALL CLAIMS AND LIABILITIES AGAINST MBP AND THOSE PARTIES INCLUDING, WITHOUT LIMITATION, CLAIMS FOR NEGLIGENCE ARISING FROM MY (OR THE MINOR’S) PARTICIPATION IN CLIMBING ACTIVITIES OR USE OF MBP FACILITIES OR EQUIPMENT.


(Initial here when read and understood)

6.  I AGREE TO ABIDE BY ALL MBP RULES.

I agree to abide by all MBP rules and codes of conduct including without limitation those contained in written or electronic and video form as well as verbal directions that may be given by MBP staff or employees. I MAY NOT USE MBP FACILITIES IF I AM UNDER THE INFLUENCE OF ALCOHOL OR OTHER DRUGS.


(Initial here when read and understood)

7.  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 use MBP facilities.  I agree to inform MBP of any conditions that may have any effect on my ability to fully and safely use MBP facilities, so that a determination can be made as to the proper course of action.


(Initial here when read and understood)

8.  Other provisions.

  • This agreement constitutes the complete and sole agreement between you and MBP, its owners, officers, directors, instructors, employees, agents, members and guests and all others associated with MBP.  Evidence of any other agreements, whether oral or in writing, are void and inadmissible and unenforceable in a court of law, arbitration or other dispute resolution proceeding. 
  • INDIVIDUAL OFFICERS, DIRECTORS, MBP MEMBERS, INSTRUCTORS, EMPLOYEES AND AGENTS HAVE NO AUTHORITY OR POWER TO ALTER THE TERMS OF THIS AGREEMENT, EITHER ORALLY OR IN WRITING. This agreement covers my use of MBP facilities as well as my participation in all MBP activities and all associated events.
  • THE LAWS OF THE STATE OF MINNESOTA SHALL GOVERN THIS AGREEMENT.  VENUE FOR ANY ACTION SHALL BE HENNEPIN COUNTY, MINNESOTA.


(Initial here when read and understood)

I VOLUNTARILY WAIVE ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN ANY ACTION INVOLVING ANY RELEASED PARTY RELATED TO OR ARISING FROM MY PARTICIPATION IN CLIMBING ACTIVITIES OR USE OF MBP FACILITIES OR EQUIPMENT.


(Initial here when read and understood)

9.  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 or its application to other persons or circumstances is not affected.

 

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.

Today's Date: November 21, 2024

Please select who will be using the facility. Even if you are not climbing, you still must have a complete waiver.
AdultAdult and Minor(s)
1 Minor2 Minors3 Minors4 Minors5 MinorsMore Minors6 Minors7 Minors8 Minors9 Minors10 Minors
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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*
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 Legal Guardian's Email Address

Email*

Confirm Email*
Yes, I would like to receive periodic emails from MBP concerning gym closures, events, and special hours.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
TO BE SIGNED IF THE PARTICIPANT IS A MINOR I represent that I am the parent or legal guardian of the above individual and hereby consent to their use of MBP’s facility and/or participation in MBP’s activities. In consideration of MBP allowing the above-named participant to participate and/or use the facility, I agree to be bound by the terms and conditions of this Release. On behalf of myself and my spouse or domestic partner, I hereby KNOWINGLY, INTENTIONALLY AND VOLUNTARILY WAIVE AND RELEASE, indemnify, hold harmless and forever discharge MBP, its officers, directors, instructors, employees, agents, members and guests and all others associated with MBP of and from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damage and liabilities, of every kind and nature, whether known or unknown, in law or equity, that I or others may have, arising from or in any way related to such minor’s participation in activities in connection with MBP. I further agree that I have full and sole responsibility for the safety and wellbeing of the above-named participant while he or she is using MBP facilities or participating in MBP-related events. I further agree to indemnify, hold harmless and defend MBP, its officers, directors, instructors, employees, agents, members and guests and all others associated with MBP from and against any suit, loss, damage, liability, expense, costs, and/or attorneys’ fees, including those brought by or on behalf of, or otherwise caused by the above-named participant.


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 Legal Guardian's Name

First Name*

Last Name*

Phone*
Parent or Legal Guardian's Date of Birth*
Parent or Legal 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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