Release, waiver, and indemnification contract:
Parent’s promises to the Portland Rock Gym
I agree that Portland Rock Gym, Inc., its shareholders, owners, officers, directors, employees, successors, agents, and insurers (hereinafter collectively referred to in this waiver and all subsequent waivers as “PRG”) shall not be liable for any harm my child may come to, or damage to their property, while on the premises of PRG or off the premises participating in activities sponsored, organized, or otherwise provided by PRG. The activities may involve, without limitation, rock climbing (including but not limited to climbing on artificial surfaces, outdoor instruction, and expeditions) and other recreational activities, programs, events, instruction, and classes (including but not limited to rappelling and hiking), both inside and outside the facility. I hereby release PRG, from any and all liability for such harm, (except for gross negligence or willful misconduct) even though that harm may result from their negligence.
Further, PRG, shall not be liable for any harm my child may come to, or any property loss that my child may incur anywhere while using techniques learned in the gym and/or by participating in activities sponsored, organized, or otherwise provided by PRG, even though that harm may result from their negligence. I hereby release PRG, from any and all liability (except for gross negligence and/or willful misconduct) for such harm also.
I acknowledge that my child’s participation in rock climbing, rappelling, and hiking entails known and anticipated risks that could result in physical or emotional injury, paralysis, death, or damage to my child, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. I assume all risk of injury, including paralysis and death, for my child.
The risks referenced above include, but are not limited to: falling rocks, equipment or other items; falling off a rock cliff or artificial wall; loose or damaged artificial or natural holds; rented equipment failure; falling to the ground, on other users, or being fallen on by other users; abrasions from the rocks or wall, ropes, pads, or the ground or floor; being hit or crushed by falling rock, equipment, or other items; equipment failure; belay and or belayer failure; climbing out of control or beyond one's personal limits; the negligence of other climbers, visitors, participants, or other persons who may be present; failure of fixed bolts, pitons, or other climbing equipment; improperly tied knots or buckled harnesses; musculoskeletal injuries and/or over training; head injuries; or my child’s own negligence. I also understand that all of the injuries and hazards described above are described by way of example only, and that there are numerous other hazards and risks inherent in rock climbing, rappelling and hiking.
I recognize that it is my child’s responsibility to learn how to use his or her gear and the anchors and ropes provided by the gym correctly. I further agree that I am responsible to ensure my child has learned how to use his or her gear and the anchors and ropes provided by the gym correctly. I agree that if a person isn’t willing to learn how to use gear properly, that person is a danger to themselves and others. I agree that my child will be a responsible climber.
As a parent of a climber, I agree on my child’s behalf to release, hold harmless, and indemnify PRG, from any and all harm. Further, I agree on my own behalf and not for my child that if any lawsuit is filed against PRG, on account of my child’s injuries or injuries to another on account of my child’s actions, I will defend, indemnify, and hold harmless, PRG.
My child and I have read the safety rules of PRG and we agree to abide by them. My child is in good health and has no physical or mental limitations that would preclude him or her from careful and reasonable use of PRG facilities and participation in activities sponsored, organized, or otherwise provided by PRG (available at www.portlandrockgym.com or at the gym’s counter).
I hereby grant to PRG, and PRG reserves the right to use, any digital imaging or video of my child for training, promotional, security, or any other purpose as PRG desires. I understand such images may be used in PRG brochures, posters, web pages, videos, or other promotional media. On my child’s behalf I forever release PRG from any liability relating to such digital imaging or video, and waive any right to compensation for use of the same, including the use of my child’s likeness for PRG's monetary gain. I understand my child has no copyright for such digital imaging or video.
I acknowledge that my child and I watched and understood the PRG waiver video about auto- belays and bouldering orientation and have no questions.
I understand that PRG requires a top-rope belay test. My child has either; participated in 20 hours of top-rope belaying experience in the last 12 months or has successfully passed a test provided by PRG to test my child's top-rope belaying abilities. (Top-rope belaying is belaying from the foot of the climb when the climber is attached to a rope that passes up through an anchor system at the top of the climb, then down the belayer) OR my child will not engage in top-rope belaying until they have sufficient experience and have passed PRG’s test.
I understand that PRG requires a lead belay test. My child has either; participated in 20 hours of lead belaying experience in the last 12 months or has successfully passed a test provided by PRG to test my child's lead belaying abilities. (Lead belaying is when the lead climber wears a harness attached to a climbing rope, then connected to other climbers below the lead climber. The lead climber will periodically connect the rope to protection equipment during the climb) OR my child will not engage in lead belaying until they have sufficient experience and have passed PRG’s test.
I understand that use of PRG’s facilities and equipment, including but not limited to, auto-belays, ropes and other devices are mine and my child’s responsibility and to be used at our own risk. I further understand and agree that is my responsibility to ask PRG staff if I am unfamiliar with or have any questions at any time concerning the use of PRG’s facilities and equipment. I acknowledge on behalf of my child that it is also my child’s responsibility to ask PRG staff if my child is unfamiliar with or has any questions at any time concerning the use of PRG’s facilities and equipment.
By signing this document on behalf of my child, it is my intent to release, waive, and indemnify PRG, and all other persons or entities, including any guide services, acting in any capacity on their behalf or in conjunction with them, from any and all liability connected with my child’s participation in any and all rock climbing, rappelling, hiking, and other activity sponsored, organized, or otherwise provided by PRG.
I acknowledge the contagious nature of communicable disease, viruses, and illnesses, including without limitation Coronavirus/COVID-19 (hereinafter “Disease”) and that the CDC and many other public health authorities still recommend practicing social distancing and wearing face coverings. I further acknowledge and agree that PRG has put in place reasonable preventative measures as required by law to reduce the spread of Disease. I further acknowledge and agree that PRG does not guarantee that my child will not become exposed to or infected with Disease while using PRG facilities or equipment. I understand and agree that the risk of exposure to Disease is inherent and unavoidable. I understand and agree that this risk may result from the actions, omissions, or negligence of my child and/or others, including, but not limited to, PRG staff, members, clients, guests, and others using or visiting PRG facilities or participating in PRG activities.
I voluntarily seek PRG’s services on behalf of my child and acknowledge that by doing so I am increasing my child’s risk of exposure to Disease. I acknowledge that my child must comply with PRG’s procedures to reduce the spread of Disease at PRG facilities. For my child’s protection and the protection of others, in consideration of being granted access to PRG facilities and equipment, and knowing that PRG and its staff, members, clients, guests, and others will act in reasonable reliance on the truth of my statements herein, I represent, warrant, and attest that the following are true and shall remain true every day that my child accesses PRG’s facilities and equipment:
A) My child is not experiencing any symptoms of Disease, including but not limited to Coronavirus/COVID-19 symptoms (cough, shortness of breath or difficulty breathing, fever, chills, shaking, muscle pain, headache, sore throat, or loss of taste or smell).
B) Within the last 14 days, my child has not traveled to an area currently impacted by a pandemic or epidemic such as Coronavirus/COVID-19 (as determined by the United States government or the government with jurisdiction over the area of travel) including but not limited to Coronavirus/COVID-19, nor has my child traveled internationally.
C) My child has not been exposed to anyone suspected or confirmed to be afflicted with Disease in the last 14 days.
D) My child has not been diagnosed with Disease (or my child has been cleared as non-contagious by public health authorities after being diagnosed).
E) My child has been following and will continue to follow all applicable guidelines relating to the prevention of disease and prevention of the spread of disease issued by the CDC and by the public health departments/officers of the cities, counties and states in which my child works, lives, and visited within the past 14 days, and in Portland, Oregon.
On behalf of myself, my family members, my heirs, representatives, and successors, I hereby willfully and voluntarily acknowledge and accept the risks of my child being present at and using PRG facilities and equipment and being near others using PRG facilities and equipment, and to the maximum extent permitted by law release and agree to hold PRG harmless from any and all causes of action, claims, demands, damages, costs, expenses and compensation for injury, illness, damage or loss to myself and/or property that may be caused by any act or failure to act (including ordinary negligence) of PRG, or that may otherwise arise in any way in connection with any services received or my child’s presence at any PRG facility.
I recognize that this is a contract. I have read it carefully and I sign it of my own free will.
Date: September 17, 2021