This Waiver and Release of Liability, and Assumption of Risks (the “Waiver”) contains information about your participation in activities and may affect your legal rights in the event of an injury or other loss. This Waiver pertains to both “live” [Half Moon Bouldering is located at Piper Village in Greenwood, 124 N 85th Street, Seattle, WA (the “Premises”)] and “virtual classes” conducted by Half Moon Bouldering (“HMB”). Please read it carefully. All Participants in all HMB activities (herein, a “Participant”) must provide the information called for above, and all Participants 14 years of age and older must sign below. If the Participant is a minor (under the age of 18) at least one parent or a court-appointed legal guardian of the minor (parent or guardian being referred to hereinafter as, “Parent”) must also sign, for themselves and on behalf of their minor child.
In consideration of the services provided at the facility known as Half Moon Bouldering owned and operated by Half Moon Bouldering LLC., I, Participant, and if applicable, Parent of a minor Participant, agree as follows:
ACKNOWLEDGMENT OF RISKS
Although HMB have taken reasonable steps to provide me with appropriate equipment and skilled instructors, HMB has informed me that the activities at HMB involve serious potential risks and I (and my Parent(s), if I am a minor) acknowledge that participating in activities at HMB involves these risks. These activities vary, are strenuous and may include bouldering and climbing on HMB’s artificial walls, yoga, the use of fitness machines, fitness programs, transportation to and from activities and other forms of activities, such as online yoga and training classes (together, “Activities”). The risks inherent in each Activity cannot be eliminated without destroying the unique character of the Activity. The following describe some, but not all of the risks:
Risks involved in Activities in and about the Premises. Participants and others may fall or injure themselves as they participate and move about the Facilities, on our rock walls, and other Premises on and in which the Activities are conducted, including in connection with online yoga and training classes and travel to and from outdoor sites.
Risks in decision making. Participants and staff must make judgments and decisions which are, by their nature, imprecise and subject to error, and include, among others, issues of a Participant’s fitness and abilities, weather and other environmental conditions. Participants may be unsupervised by staff.
Equipment failure or misuse. Equipment used in the Activities may include fitness and exercise machinery, artificial climbing holds, climbing shoes, climbing hardware, and the climbing structure itself. Such equipment, which may be a Participant’s own or be rented/borrowed from HMB, may fail, break, fall, malfunction or be misused by staff or Participants.
Risks regarding conduct. Participants, staff, and third parties may fail to exercise reasonable care relating to the Activities.
These and other risks, dangers and hazards may cause Participants to suffer losses of various degrees of severity, as a result of, but not limited to: 1) falling, including to the ground or other surface; 2) becoming entangled in ropes or other equipment; 3) striking the climbing surface, anchor points, or other projections; or 4) colliding with or impacting falling rocks, other objects or people. These and other circumstances may cause fractures, sprains, broken bones, concussions, cuts or abrasions, and other injury or illness, potential exposure to communicable disease (including but not limited to COVID-19, other viruses, bacteria, and all other infectious pathogens and disease vectors), property damage or loss, mental or emotional trauma, paralysis, disability and death.
ASSUMPTION OF RISKS
I understand that the above is only a partial list of risks and possible consequences of the Activities, including HMB Activities and environment, is not complete and that other unknown or unanticipated risks, hazards and dangers may result in injury, damage, death or other loss. I understand that the risks, hazards, and dangers described above, and others, are inherent in the Activities, including HMB’s Activities – that is, they cannot be eliminated without destroying the basic nature and attraction of the Activity.
My participation in these Activities is purely voluntary, and I choose to participate in spite of and with knowledge of the risks of participation. If I am a minor Participant, I have discussed the Activities and risks with my Parent or Guardian and wish to participate nevertheless. Therefore, I (and Parent or Guardian if the Participant is a minor) expressly assume and accept full responsibility for the risks of enrollment and participation in the Activities, including any Activities at HMB, whether or not described in this document, and for injury, damage, death or other loss suffered by me resulting from those risks.
SPECIAL NOTICE: 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 HMB 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 the HMB 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 HALF MOON BOULDERING AND/OR PARTICIPATION IN ACTIVITIES AT HALF MOON BOULDERING.
All Participants must comply with the COVID-19 Mitigation Measures posted in HMB facilities and on the HMB website. 2) Participant acknowledges that COVID-19 Mitigation Measures may change from time to time and assumes the obligation to stay informed about the most current updates on such measures prior to each visit to HMB facilities and prior to participating in HMB Activities.
I agree to abide by all HMB 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 HMB staff or employees as the same may be updated and changed from time-to-time. I MAY NOT USE HMB FACILITIES IF I AM UNDER THE INFLUENCE OF ALCOHOL OR OTHER DRUGS. A copy of the current HMB gym rules is attached to this Agreement as Addendum 1.
RELEASE AND INDEMNITY AGREEMENT
I, an adult Participant, or Parent or Guardian of a minor Participant (for myself and on behalf of that minor) agree to release and not to sue or assert any claim against HMB or their affiliates, or any of their owners, staff, landlord(s), members, agents, directors and officers (“Released Parties”), with respect to any and all claims, liabilities, suits or expenses (including attorney fees and costs), arising out of any injury, damage, death or other loss to me or my child in any way related to my or my child’s enrollment or participation in any Activities, including on-site and off-site Activities at HMB (which include the use of HMB’s climbing walls, other equipment and facilities, and online Activities, such as virtual yoga and training classes etc.).
I agree to indemnify, defend and hold harmless (“indemnify” meaning to protect by reimbursement or payment) HMB and the other Released Parties with respect to all claims, liabilities, suits or expenses (including attorney fees and costs) arising from an injury to me or to my child, or arising from my or my child’s conduct, related to my or my child’s enrollment or participation in the Activities, including Activities at HMB.
This Waiver includes any losses claimed to be caused in whole or in part by the negligence of HMB (but not its gross negligence or reckless misconduct) and includes claims for personal injury, property damage, wrongful death, products liability, breach of contract or otherwise.
I am capable of participating in all of the above-described Activities without causing harm to myself or others. I agree to follow all HMB’s rules and regulations. I acknowledge that HMB’s staff is and has been available to answer my questions about the nature and physical demands of these Activities and their risks, hazards and dangers. I understand that the presence of HMB’s personnel is no assurance of my safety or the lessening of any of these risks.
I agree that this document and all other aspects of my relationship with HMB or any other Released Party are governed by the laws of the State of Washington (excepting such laws as may apply the laws of another jurisdiction). Further, any mediation, suit, or other proceeding arising out of or relating to my enrollment or participation in the Activities, including those at HMB, must be filed or entered into only in King County Superior Court and Participant agrees to the jurisdiction and venue of said court.
I authorize HMB’s staff to obtain or provide medical care for me or my child and to transport me or my child to a medical facility and to exchange pertinent medical information with third party medical care providers. I agree to pay all costs associated with such medical care and transportation.
I consent to the use by HMB of photos/videos of me, including those taken by staff of HMB, without the expressed written permission of those included within the photograph/video. HMB may use the photograph/video in publications or other media material produced, used or contracted by HMB including but not limited to: brochures, invitations, books, newspapers, magazines, websites, social media accounts, etc. To ensure the privacy of individuals and children, images will not be identified using full names or personal identifying information without written approval from the photographed subject, parent or legal guardian.
Any portion of this document deemed unlawful or unenforceable shall not affect the enforceability of the remaining provisions of this document and the remaining provisions shall continue in full force and effect.
No provision of this document may be waived or amended unless the same is signed in advance by a Governor of Half Moon Bouldering LLC.
This agreement constitutes the complete and sole agreement between you and HMB, its owners, officers, directors, instructors, employees, agents, members and guests and all others associated with HMB. 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.
By signing below, I certify that I have carefully read, understand, and voluntarily sign this document and acknowledge that it shall be effective and binding upon me and my heirs, executors, representatives and estate and further certify that I have no physical limitations or medical conditions that would impair my ability to fully and safely use HMB facilities. I agree to inform HMB of any conditions that may have any effect on my ability to fully and safely use HMB facilities, so that a determination can be made as to the proper course of action.
ADDENDUM 1 - HALF MOON BOULDERING GYM RULES
Before you climb:
- You MUST sign a waiver before entering the climbing area. No Exceptions. It is your responsibility to read and understand the waiver and Gym Rules. If you are under the age of 18, your parent or legal guardian must sign the waiver for you.
- You must check in at the welcome desk before entering the climbing area. If you have not checked-in, you do not have permission to use the facilities.
- As a climber or parent/guardian for a minor climber, you must go through a Gym Orientation before beginning to climb or before your minor climber can climb.
While in our facility:
- If you are under the age of 14, you must be supervised by a responsible adult at all times. If you are a supervising adult, you must be attentive and ensure that your minor climber(s) is/are following the gym rules.
- An adult cannot supervise more than 2 youth at a time.
- Unattended children are not allowed on the climbing floor.
- Children under 14 must stay within arm’s reach of their supervising adult.
- Climbing is allowed only on the climbing walls.
- No food or drinks are allowed on the padded flooring.
- Do not wear climbing shoes in the bathrooms. Please remove them before entering.
- No one under the influence of drugs or alcohol may use the facility.
- No smoking and no e-cigarettes, please.
- No running in the gym.
- No bullying, pushing, rough horseplay, cursing or foul language.
- Please report ALL injuries to a staff member immediately.
- Please don’t go topless (or bottomless).
- If you see any bodily fluids on gym surfaces (i.e. blood from a scrape with the wall, urine from someone missing a target, etc.) please report them immediately.
- Please report anything that is questionable immediately to a staff member.
- No climbing on the sides or top of the fitness equipment.
- No jumping or flipping off structures, or furniture.
- You are responsible for your own wellbeing and the wellbeing of others around you. Please practice caution in the climbing areas.
- Never stand, sit or lie down beneath the climbing walls.
- Check for climbers above you before walking through the climbing areas.
- Never climb above, below or near another climber.
- Stow personal items away from the climbing areas and away from you when climbing. Remove cell phones, keys and other belongings from pockets before climbing.
- Only climbing shoes are allowed on climbing walls. Street shoes, or bare feet are not allowed on the climbing walls.
- Do not jump off the boulder walls. Always attempt to climb down.
- Do not go or attempt to go behind the climbing walls.
- Re-rack weights and wipe down equipment after use.
- Wear closed toe shoes in the fitness area and/or while using fitness equipment.
- You must be 14 years or older to use weights and cardio equipment.
- Please do not enter classes late.
- Always CHECK-IN at the welcome desk.
- Wipe down mats and equipment after use and put it away when done.
Today's Date: September 25, 2021