Waiver (English)

SEATTLE 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 Seattle Bouldering Project (“SBP”) or anyone associated with SBP for injuries or losses you suffer while using SBP facilities or while participating in activities at SBP facilities, including but not limited to facilities at 900 Poplar Place S., 3535 Interlake Avenue North, 3625 Interlake Avenue North and 4502 University Way NE Seattle WA 98105 in Seattle, Washington.

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 SEATTLE BOULDERING PROJECT WITHOUT THE SIGNED WAIVER.

I UNDERSTAND THAT SIGNING THIS DOCUMENT WILL PREVENT ME, MY HEIRS, EXECUTORS, DEPENDENTS, BENEFICIARIES AND ASSIGNS FROM SUING SBP, 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 SBP OR AT SBP FACILITIES.

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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 SBP 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 SBP facilities; strained or sprained muscles, joints and connective tissue; broken bones; personal injury including paralysis, death, illness, property damage, and other losses. I further understand that some SBP facilities may be available 24 hours a day, and that some of those operating times may be without staff supervision or observation of SBP facilities and that I may encounter additional risks during that time. Injury or death can arise from errors in judgment, from lack of training or information, from the negligence of me, employees or agents of SBP 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 SBP 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.

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2.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 SBP FACILITIES OR EQUIPMENT OR MY PARTICIPATION IN ANY ACTIVITY AT SBP FACILITIES OR SPONSORED BY SBP.

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3. I WAIVE AND RELEASE ALL CLAIMS.

I recognize that SBP could not offer this activity without obtaining a release of liability. In consideration of, and part payment for the right to use SBP’s facilities, I RELEASE SBP AND ANYONE ASSOCIATED WITH SBP, 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 SBP-SPONSORED ACTIVITY OR FROM USE OF SBP FACILITIES OR EQUIPMENT.

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4. I WILL INDEMNIFY SBP.

In consideration of, and in part payment for the right to use SBP’s facilities, I agree to defend, protect, INDEMNIFY, and hold harmless SBP, 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 SBP property or facilities, INCLUDING BUT NOT LIMITED TO INJURIES ARISING FROM MY VIOLATION OF SBP 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 SBP and that action is unsuccessful, in whole or in part. Additionally, in consideration of, and part payment for my right to participate in a SBP-sponsored activity, I EXPRESSLY AGREE NOT TO SUE SBP, ITS OWNERS, OFFICERS, DIRECTORS, MEMBERS, INSTRUCTORS, EMPLOYEES, AGENTS AND GUESTS AND HEREBY WAIVE ALL CLAIMS AND LIABILITIES AGAINST SBP AND THOSE PARTIES INCLUDING, WITHOUT LIMITATION, CLAIMS FOR NEGLIGENCE ARISING FROM MY (OR THE MINOR’S) PARTICIPATION IN CLIMBING ACTIVITIES OR USE OF SBP FACILITIES OR EQUIPMENT.

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5. I AGREE TO ABIDE BY ALL SBP RULES.

I agree to abide by all SBP rules contained in written form as well as verbal directions that may be given by SBP staff or employees. I MAY NOT USE SBP FACILITIES IF I AM UNDER THE INFLUENCE OF ALCOHOL OR OTHER DRUGS.

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

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7. Other provisions.

This agreement constitutes the complete and sole agreement between you and SBP, its owners, officers, directors, instructors, employees, agents, members and guests and all others associated with SBP. Excepting the 24-Hour Access Agreement and Rules Acknowledgment, 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, SBP 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 SBP facilities as well as my participation in all SBP activities and all associated events.
THE LAWS OF THE STATE OF WASHINGTON SHALL GOVERN THIS AGREEMENT. VENUE FOR ANY ACTION SHALL BE KING COUNTY, WASHINGTON.

ARBITRATION AGREEMENT AND WAIVER OF RIGHT TO JURY TRIAL

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I VOLUNTARILY WAIVE ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN ANY ACTION INVOLVING SBP AND ANYONE ASSOCIATED WITH SBP, INCLUDING WITHOUT LIMITATION ITS OWNERS, OFFICERS, DIRECTORS, STAFF, INSTRUCTORS, MEMBERS, AGENTS, GUESTS AND THIRD PARTIES, WHERE THE ACTION IS IN ANY WAY RELATED TO OR ARISING FROM MY USE OF SBP FACILITIES OR EQUIPMENT OR PARTICIPATION IN SBP ACTIVITIES.

A. Mediation

The parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement shall be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration as set forth below.

B. Arbitration

Any dispute, claim or controversy arising from my involvement in any activity with or use of SBP facilities, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Seattle, Washington before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on any Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

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I HAVE READ AND UNDERSTAND THIS ENTIRE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM AGREEING TO USE THE JAMS MEDIATION AND ARBITRATION PROCESS SET FORTH IN THIS AGREEMENT.

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8. PHOTO RELEASE AND PERMISSION TO USE MY LIKENESS

I hereby agree that SBP and its agents, contractors, affiliates, successors and assigns may take photographs and videos of me while using the SBP facilities. I irrevocably license and grant SBP and its agents, contractors, affiliates, successors and assigns the right to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, adapt, create derivative works of, sell, rent, license, otherwise use, and permit others to use my image, likeness, voice and appearance, and any and all materials created by or on behalf of SBP that incorporate any of the foregoing in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created on any platform and for any purpose. This release applies, without limitation, to photographs and videos taken at the SBP facilities, and during SBP-sponsored events. The uses of my image may include and are not limited to use in SBP promotional materials, social media, brochures and website, without further compensation to, or consent or permission from, me.

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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.

April 29, 2024

Please select who will be using the facility. Even if you are not climbing, you still must have a complete waiver.

Adult Adult and Minor(s)
1 Minor 2 Minors 3 Minors 4 Minors 5 Minors More Minors 6 Minors 7 Minors 8 Minors 9 Minors 10 Minors

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First Participant's Name

First Name*

Middle Name

Last Name*

Phone*

First Participant's Date of Birth*

First Participant's Signature*

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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*

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*

Yes, I would like to receive periodic emails from SBP concerning gym closures, events, and special hours.

Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*

I represent that I am the parent or legal guardian of the above individual and hereby consent to their use of SBP’s facility and/or participation in SBP’s activities. In consideration of SBP 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 SBP, its officers, directors, instructors, employees, agents, members and guests and all others associated with SBP 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 SBP. 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 SBP facilities or participating in SBP-related events.

I further agree to indemnify, hold harmless and defend SBP, its officers, directors, instructors, employees, agents, members and guests and all others associated with SBP 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 Guardian's Name

First Name*

Middle Name

Last Name*

Phone*

Parent or Guardian's Date of Birth*

Parent or Guardian's Signature*

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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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