Prior to using all Rock Shop facilities, you are required to sign the following waiver and release of liability. Upon signing this form, you will give up your right to sue Columbia Bouldering, LLC and Rock Shop, as well as anyone associated with Columbia Bouldering, LLC and Rock Shop, for injuries or losses you suffer while using Rock Shop facilities [MS1] or while participating in any activities at Rock Shop facilities.
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 important matter.
You will not be allowed to participate in any activities at Rock Shop without signing this waiver.
I understand that signing this document will prevent me, my heirs, executors, dependents, beneficiaries, and assigns from suing Columbia Bouldering, LLC, Rock Shop, 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 Rock Shop or at Rock Shop facilities.
Initial below when read and understood
I understand 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; in my use of Rock Shop facilities; and in 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 Rock Shop 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 Rock Shop facilities may be available 24 hours a day, and that some of those operating times may be without staff supervision or observation of Rock Shop facilities and that I may encounter additional risks during that time. Injury or death can arise from errors in judgement, from lack of training or information, from the negligence of me, employees or agents of Rock Shop 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 Rock Shop 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.
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 KNOW OR UNKNOWN, OF INJURY, ILLNESS, DEATH, OR DAMAGE OF WHATEVER KIND ARISING OUT OF MY USE OF ROCK SHOP FACILITIES OR EQUIPMENT OR MY PARTICIPATION IN ANY ACTIVITY AT ROCK SHOP FACILITIES OR SPONSORED BY ROCK SHOP.
3.I WAIVE AND RELEASE ALL CLAIMS.
I recognize that Rock Shop could not offer this activity without obtaining a release of liability. In consideration of, and part payment for the right to use Rock Shop facilities, I RELEASE ROCK SHOP AND ANYONE ASSOCIATED WITH ROCK SHOP, 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 ROCK SHOP-SPONSORED ACTIVITY OR FROM USE OF ROCK SHOP FACILITIES OR EQUIPMENT.
4.I WILL INDEMNIFY ROCK SHOP.
In consideration of, and in part payment for the right to use Rock Shop’s facilities, I agree to defend, protect, INDEMNIFY, and hold harmless Rock Shop, 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 Rock Shop property or facilities, INCLUDING BUT NOT LIMITED TO INJURIES ARISING FROM MY VIOLATION OF ROCK SHOP 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 Rock Shop and that action is unsuccessful, in whole or in part. Additionally, in consideration of, and part payment for my right to participate in a Rock Shop-sponsored activity, I EXPRESSLY AGREE NOT TO SUE ROCK SHOP, ITS OWNERS, OFFICERS, DIRECTORS, MEMBERS, INSTRUCTORS, EMPLOYEES, AGENTS AND GUESTS AND HEREBY WAIVE ALL CLAIMS AND LIABILITIES AGAINST ROCK SHOP AND THOSE PARTIES INCLUDING, WITHOUT LIMITATION, CLAIMS FOR NEGLIGENCE ARISING FROM MY (OR THE MINOR’S) PARTICIPATION IN CLIMBING ACTIVITIES OR USE OF ROCK SHOP FACILITIES OR EQUIPMENT.
5.I AGREE TO ABIDE BY ALL ROCK SHOP RULES.
I agree to abide by all Rock Shop rules contained in written form as well as verbal directions that may be given by Rock Shop staff or employees. I MAY NOT USE ROCK SHOP FACILITIES IF I AM UNDER THE INFLUENCE OF ALCOHOL OR OTHER DRUGS.
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 Rock Shop facilities. I agree to inform Rock Shop of any conditions that may have any effect on my ability to fully and safely use Rock Shop facilities, so that a determination can be made as to the proper course of action.
- This agreement constitutes the complete and sole agreement between you and Rock Shop, its owners, officers, directors, instructors, employees, agents, members, guests, and all others associated with Rock Shop. Excepting the 24-hour Access Agreement and Rules Acknowledgement, evidence of any other agreements, whether oral or in writing, is void, inadmissible, and unenforceable in a court of law, arbitration, or other dispute resolution proceeding.
- INDIVIDUAL OFFICERS, DIRECTORS, ROCK SHOP 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 Rock Shop facilities as well as my participation in all Rock Shop activities and all associated events.
- THE LAWS OF THE STATE OF WASHINGTON SHALL GOVERN THIS AGREEMENT. VENUE FOR ANY ACTION SHALL BE IN BENTON COUNTY, WASHINGTON.
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 shall not be impacted.
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: May 13, 2021