Climbing Gym Visitors Agreement, including assumption of risks and agreements of release and Indemnity.
Please read this agreement carefully before signing. It pertains to visits to either of two gyms owned and operated by Island Rock Gym LLC, a Washington limited liability company. The gyms are located in Bremerton and Bainbridge, Washington and are doing business as Insight Climbing & Movement. They may be referred to below as “a Gym” or “the Gym or Gyms”. The agreement must be signed by all adult (18 years of age and older) visitors to a Gym, or other activity site of a Gym, or, if the Visitor is a minor, by a parent or legally appointed guardian (both, referred to as “Parent”) of the minor visitor. Every Visitor must have a separate agreement signed by or on their behalf. If a minor is accompanied to the Gym or other site by a Parent, the Parent shall sign an agreement for themselves as an adult Visitor and a second agreement on behalf of the minor. References to “Visitor” include both minor and adult visitors unless otherwise indicated. All Visitors to the Gyms must sign, without regard to the area of the Gym visited by them.
In consideration of the services of Island Rock Gym LLC , I, an adult Visitor, and/or Parent, if the Visitor is a minor, acknowledge and agree as follows:
The Bremerton Gym is a bouldering gym. It does not offer roped wall climbing activities. With that exception, the activities of the Gyms are similar and include: bouldering, climbing, belaying and rappelling on artificial climbing walls, and on outdoor natural rock walls, the use of auto belays and manual belay systems; slacklining; independent and group exercising, including yoga, and the use of exercise equipment. “Activities”, as referred to in this agreement, include moving about the Gym’s premises including its outside perimeter, and outdoor climbing activity sites. Bouldering and slacklining, and certain other aerial activities will not use harnesses or ropes for fall protection and will not be belayed, spotted or otherwise managed by the Gym, although a climber may choose to be spotted by another Visitor at his or her risk. No Visitor may top rope climb, lead climb, or belay another until and unless he or she has been tested by the Gym staff and determined to be qualified by staff to do so. The Gym may from time to time use the services of independent contractors. Those contractors, and not the Gym, are responsible for their acts or omissions, and disputes arising from their conduct must be resolved with the contractor, not the Gym.
Activities of and at the Gym expose Visitors to serious risks of injury and property loss. Risks include the following: 1) Risks involved in physical activity, including the sustained use of a participant’s arms and legs. 2) Risks in judgment and decision making in climbing and other activities, by Visitors and Gym staff, including pertaining to a Visitor’s abilities or fitness level. 3) Failure or misuse of equipment, including artificial climbing holds and anchor points, ropes, slings, harnesses, climbing shoes and climbing hardware. 4) In outdoor activities, rockfall and falling timber, plants and animals which might cause harm, uneven terrain, inclement weather and other forces of nature. 5) communicable and other diseases, viruses, illnesses, or other health hazards, including COVID-19, described below. These and other risks, hazards and dangers are inherent in the activities of the gym and cannot be eliminated without significantly altering the gym experience. These circumstances may produce falls, entanglement in ropes or other equipment, striking the rock face, anchor points, or other projections, and colliding with other objects and visitors. A variety of other risks and outcomes exist, and can cause injury, property damage, illness, mental or emotional trauma, paralysis, disability or death.
While instruction and orientation will be provided for some Activities, and certain classes and programs may be attended by staff, Visitors should not assume that they are being supervised or observed in their Activities, or, if they are, that staff will intervene for any purpose, including potentially dangerous conduct or conditions. Visitors share the responsibility for managing the risks of the Activities, supervised or not. They must pay attention to the condition of ropes, anchors, holds and other equipment used by them and advise staff of any damage caused or observed. They must follow the Facility Orientation Video and the Gym Rules set forth at the end of this Visitor Agreement, posted in the Gym or on its website, or otherwise described by staff.
COVID-19 : The threat of the novel Coronavirus and its disease, COVID-19, has made necessary certain program and operating changes for the protection of Visitors and staff. Visitors to the gyms and other activity sites must be aware of the characteristics of the disease and preventative measures to reduce the chances of infection. Important sources of information include the guidelines of the Center for Disease Control and Prevention, at https://www.cdc.gov/coronavirus/2019-nCoV/index.html, and Kitsap Public Health https://kitsappublichealth.org/.
In addition, the Gyms have posted the following Rules at their entrances and elsewhere throughout the facility 1) masks are required inside the facility for Visitors and staff; 2) hands must be washed before entering the Gym; 3) Visitors and staff must maintain 6 feet of distance from other Visitors and staff; 4) Visitors must use only their own water bottle (fountain is closed); 5) Visitors must bring nothing into the Gym except was is required for climbing; 6) No street shoes are allowed on the climbing surfaces (mats, walls, etc.) These Rules must be read and understood and discussed with minor Visitors. Visitors must ask questions if they are not clear about preventative measures required by the Gyms and practices in this regard.
If COVID-19, or any other communicable disease, is suspected to have been contracted in connection with a Gym activity, and contact tracing is sought by a government health authority, I agree that the Gyms may give to that authority whatever information they have to allow the authority to contact me, as an adult Visitor or Parent.
I acknowledge that the Gym staff is, and have been, available to answer my, or the minor Visitor’s, questions about the nature and physical demands of these activities and the risks, hazards and dangers associated with these activities.
Assumption of Risks:
I, an adult Visitor acknowledge and expressly assume ALL risks of a visit to the Gym whether or not described above and inherent or not. If the visitor is a minor, I, Parent, acknowledge that I have discussed the activities and risks with the minor Visitor, who understands them and wishes to visit the gym and engage in its activities nevertheless.
Release and Indemnity:
I, an adult Visitor, or Parent, for myself and, to the maximum extent allowed by the laws of the State of Washington, on behalf of a minor Visitor, further agree: (1) to release and not to sue Island Rock Gym LLC, Cascadia Collective LLC, and their respective agents, owners, officers, and employees (the Released Parties), with respect to all claims, liabilities, suits or expenses (including attorney’s fees and costs, including insurance deductibles), arising out of any injury, damage, death or other loss to me or to the minor Visitor in any way related to my or to the minor Visitor’s visit to the Gym or other activity site, including the use of the Gym’s equipment and facilities. (2) to defend and indemnify (“indemnify” meaning protect by reimbursement or payment of costs and attorney’s fees and insurance deductibles) the Released Parties with respect to all claims of injury or other loss, brought by me or by or on behalf of the minor Visitor, another Visitor to the Gym or other activity site, a member of my, or the minor Visitor’s family, or anyone else, arising out of or in any way related to a loss suffered by me or the minor Visitor, or caused by me or the minor Visitor.
These agreements of release and indemnity include loss, damage or expense claimed to have been caused in whole or in part by my or the minor visitor’s becoming infected by, or, with respect to the obligation to indemnify, infecting others, with, a communicable disease, including Covid-19. The agreements include claims of negligence of a Released Party, but not gross negligence or intentionally wrongful conduct.
Climbing and bouldering activities and their risks will be shown in a video which appears at the gym's website www.insightclimbing.com and will also be shown at the Gym. This video must be viewed by all Visitors, adult and minor, and by Parents of minor Visitors. I agree that I, or the minor visitor, will watch the Facility Orientation Video.
Unless I notify the Gym otherwise, in writing, I consent to the reproduction and use by the Gym of photographs, videos and other images and sound recordings of me, or the minor Visitor, without compensation, for advertising or other purposes.
I represent that I am (or, if applicable, the minor Visitor is) fully capable of participating in these activities without causing harm to ourselves or others. I authorize the Gym staff to obtain or provide medical care for me or the minor Visitor, including transport to a medical facility. I authorize medical personnel to render such treatment as they deem necessary for me or the minor Visitor’s health. I agree to pay all costs associated with such medical care and transportation.
I agree that this Agreement and all other aspects of my relationship with a Released Party are governed by Washington state law except those laws which may invoke the laws of another state. If a dispute cannot be resolved by private negotiation, I agree to attempt to settle it through mediation before a mutually acceptable mediator. Any mediation, suit, or other proceeding arising out of or relating to my, or the minor visitor’s, enrollment or participation in Island Rock Gym activities, must be filed or entered into and maintained only in the State of Washington.
I have carefully read, understand and voluntarily sign this Agreement and acknowledge that it shall be effective and binding upon me, my minor child or ward who is a Visitor, and my, or the minor Visitor’s, family, heirs, executors, administrators and representatives. I agree that if any portion of this Agreement is held by a court of competent jurisdiction to be not enforceable, the remainder of the agreement shall remain in full force and effect. In deciding to be a Visitor, I, for myself and/or for the minor Visitor, have not relied on any written or oral representations, statements or inducements other than those in this agreement.
This Agreement will apply to my, or to the minor Visitor’s, visits to the Gym and other activity sites until it is replaced by a later document which will apply to visits thereafter.
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.
Today's Date: October 27, 2020