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Endurance Climbing LLC

1625 South Walnut St #4

Burlington, WA 98233

360-610-7474

Waiver Of Liability; Indemnification Agreement and Covenant Not To Sue

NOTICE; THIS IS A LEGALLY BINDING AGREEMENT. BY SIGNING THIS AGREEMENT, YOU GIVE UP YOUR RIGHT TO BRING A COURT ACTION TO RECOVER COMPENSATION OR OBTAIN ANY OTHER REMEDY FOR INJURIES TO YOURSELF OR YOUR PROPERTY OR FOR YOUR DEATH ARISING OUT OF YOUR USE OF ENDURANCE CLIMBING LLC, NOW OR ANYTIME IN THE FUTURE.

 

ACKNOWLEDGMENT OF RISK

I, the undersigned user, hereby acknowledge and agree that the sport of rock climbing and the use of Endurance Climbing LLC, located at 1625 South Walnut Street, Burlington, WA, possess inherent risks. I have full knowledge of the nature and extent of all the risks associated with the use of Endurance Climbing LLC, including, but not limited to:

1. All manner of injury, including, but not limited to death and/or paralysis, from falling off of the climbing walls or any climbing gym apparatus or surface and hitting the landing area or floor, the climbing walls, another climber, belayer, bystander, or object on the ground.

2. Rope abrasion, entanglement and other injuries resulting from activities on or near the climbing walls or apparatus.

3. Injuries resulting from falling climbers or dropped items such as, but not limited to, climbing hardware, belay anchors, and climbing holds or pieces thereof.

4. Cuts and abrasions resulting from skin contact with ropes, climbing hardware, climbing walls, and any other surface or object within Endurance Climbing LLC.

5. Failure of ropes, slings, harnesses, shoes, climbing hardware, anchor points, belay devices, or any part of the climbing wall or building structure.

6. Injuries resulting from the use of exercise equipment including, but not limited to, free weights, mechanized or electrical exercise machines and other exercise or fitness related devices.

7. Endurance Climbing LLC recommends that all gym users wear helmets at all times while in the gym. If you choose to not wear a helmet you agree to assume the additional risks associated with climbing without a helmet.

I further acknowledge that the above list is not inclusive of all the possible risks associated with my use of Endurance Climbing LLC and that the above list in no way limits the extent or reach of this Release/Indemnification and Covenant Not to Sue.

 

RELEASE/INDEMNIFICATION AND COVENANT NOT TO SUE

In consideration of my use of Endurance Climbing LLC, I, the undersigned user, agree to release and, on behalf of myself, my heirs, representatives, executors, administrators and assigns, HEREBY DO RELEASE, Endurance Climbing LLC, its owners, shareholders, officers, directors, employees and agents, from any cause of action, claims, or demands of any nature whatsoever (except for gross negligence and willful misconduct), which I, my heirs, representatives, executors, administrators and assigns may now have, or have in the future against Endurance Climbing LLC, its owners, shareholders, officers, directors, employees and agents on account of personal injury, property damage, death, or accident of any kind, arising out of or in any way related to my use of Endurance Climbing LLC, whether that use is supervised, unsupervised, however the injury or damage is caused, including but not limited to, the negligence of Endurance Climbing LLC, its owners, shareholders, officers, directors, employees and agents.

In consideration of my use of Endurance Climbing LLC, I the undersigned user, do hereby agree to indemnify and hold harmless, Endurance Climbing LLC, its owners, shareholders, officers, directors, employees and agents from any and all causes of action, claims, demands, losses or costs of any nature whatsoever (except for those resulting from the gross negligence or intentional misconduct of Endurance Climbing LLC or its officers, directors, employees and agents) arising out of or any way relating to my use of the Endurance Climbing LLC .

I hereby certify that I have full knowledge of the nature and extent of the risks inherent in the use of Endurance Climbing LLC and that I am voluntarily assuming the risks. I understand that I will be solely responsible for any loss or damage including, but not limited to, death or paralysis, that I may sustain while using Endurance Climbing LLC and that by signing this Agreement, I am relieving Endurance Climbing LLC, its owners, shareholders, officers, directors, employees and agents, of any and all liability for such loss, damage or death.

I further certify that I am in good health and that I have no physical limitations which would preclude my safe use of Endurance Climbing LLC. I understand the terms of this agreement are legally binding and I certify that I am signing this agreement, after having carefully read it, of my own free will.

 

WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19

ASSUMPTION OF RISK / WAIVER OF LIABILITY / INDEMNIFICATION AGREEMENT

In consideration of being allowed to participate on behalf of​ Endurance Climbing LLC ​and related events and activities, the undersigned acknowledges, appreciates, and agrees that:

1. Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,

2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,

3. I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe and any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,

4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS​ Endurance Climbing LLC​, their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event, WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

Today's Date: September 16, 2025 

First Participant's Name
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Second Participant's Name
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Third Participant's Name
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Fourth Participant's Name
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Fifth Participant's Name
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Sixth Participant's Name
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Seventh Participant's Name
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Ninth Participant's Name
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This is to certify that I, as parent/guardian, with legal responsibility for this participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against communicable diseases. Furthermore, my child/ward understands and accepts these risks and responsibilities. I for myself, my spouse, and child/ward do consent and agree to his/her release provided above for all the Releasees and myself, my spouse, and child/ward do release and agree to indemnify and hold harmless the Releasees for any and all liabilities incident to my minor child’s/ward’s presence or participation in these activities as provided above, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent provided by law.


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.
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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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