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Our standard liability waiver must be signed prior to participating in any activities at Big Island Climbing

BIG ISLAND CLIMBING INDOOR ADVENTURE CENTER

RELEASE OF LIABILITY AND ASSUMPTION OF RISK

BY SIGNING THIS DOCUMENT, I WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT.

PLEASE READ CAREFULLY!

I, the undersigned, understand that in consideration of using the facilities, climbing walls, equipment and/or participating in activities of Big Island Climbing (“BIC”), I must obey all rules and regulations of BIC regarding indoor rock climbing and its programs. I acknowledge that indoor rock climbing entails inherent risks such as death, injury, paralysis, and damage to myself, to property, or to third parties, including but not limited to: equipment failure, falling climbers, broken and/or falling holds, loose holds, the negligence of BIC or its agents, the negligence of guests or visitors of BIC, the negligence of the designers, manufacturers, or installers of the indoor rock climbing wall or its equipment, slips, falls, or collisions or other such actions occurring while using the indoor rock climbing wall.

I hereby voluntarily release and forever discharge BIC from any and all liability, and agree to indemnify and forever hold harmless BIC from any and all claims, liabilities, demands, or causes of action, including any claims which I, my heirs, next of kin, assigns, estate, or personal representatives have or may have, which are in any way connected with my participation in indoor rock climbing, or any activities of BIC, or use of its equipment or facilities (collectively the “Activities”).

I expressly agree and promise to accept and assume all the risks existing in these Activities, both known and unknown, whether caused or alleged to be caused by the ordinary negligence or omissions of BIC. I realize that by voluntarily assuming the risks involved, I will be solely responsible for my death or any injury or damage that I may sustain.

I certify that I am at least eighteen (18) years of age or older, physically and mentally capable of safely participating in indoor rock climbing and that any personal equipment that I use as part of my climb are appropriate and properly qualified for my climb. I further certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in these Activities and I am willing to assume and bear the costs of all risks that may arise from these Activities. 

Terms and Conditions Waiver – Big Island Climbing

To: Donalea Partners, LLC, dba Big Island Climbing, a corporation incorporated under the laws of The United States of America, its agents, owners, officers, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “BIC”): This Assumption of Risks, Release of Liability, Waiver of Claims and Indemnity Agreement (the “Agreement”), together with any documents referred to herein, governs the User’s (described below) at 126 Keawe Street, Hilo, HI (the “Premises”).

By using the Services, I confirm that I accept the terms of this Agreement and that I agree to abide by them. The words “I” and “me” in this Agreement refers to the User. Should I access the Services on behalf of another legal entity, I hereby warrant that I have the authority, actual or implied, to bind that entity to the Agreement. In using the Services, I represent and warrant that I have the capacity to enter into a legal agreement in the state of Hawaii. If I do not have the capacity to enter into a legal agreement in the state of Hawaii, I may not use the Services unless a parent or legal guardian agrees and consents to this Agreement on my behalf. By permitting a person who lacks capacity to utilize the Services, the parent or legal guardian is hereby bound by this Agreement.

Any litigation involving the parties to this Release Agreement shall be brought solely within the state of Hawaii and shall be within the exclusive jurisdiction of Hawaii.

I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST DONALEA PARTNERS, LLC, DBA BIG ISLAND CLIMBING, I CONFIRM THAT I HAVE READ AND UNDERSTOOD THE RULES GOVERNING MY PARTICIPATION AND/OR MY CHILD/WARD’S PARTICIPATION IN ANY ACTIVITY AT BIG ISLAND CLIMBING (the “BIC Rules”). I CERTIFY THAT I UNDERSTAND AND HAVE EXPLAINED BIG ISLAND CLIMBING RULES TO MY CHILD/WARD. I ACKNOWLEDGE THAT FAILURE TO FOLLOW THE RULES COULD RESULT IN THE EXPULSION OF MYSELF AND/OR MY CHILD/WARD FROM THE PREMISE.

IF I DO NOT AGREE TO THE TERMS OF THIS AGREEMENT I UNDERSTAND THAT I MUST DISCONTINUE MY ACCESS TO THE SERVICES. ANY CONTINUED USE OF THE SERVICES SHALL BE CONSIDERED AS ACCEPTANCE AND CONSENT TO THE TERMS OF THIS AGREEMENT BY THE USER OR THEIR PARENT OR LEGAL GUARDIAN.

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.

SPECIAL WAIVER REGARDING COVID-19

To ensure the health and safety of our guests and our employees, until further notice, BIC has implemented the following policies to address the COVID-19 pandemic should it return:

  • The amount of people in each area may be restricted.
  • Climbers and guardians agree to abide by the rules set by BIC regarding the COVID-19 pandemic.

Please review and initial below:

I (or my minor child) do not have any symptoms of COVID-19, nor do I have any symptoms of any respiratory illness (i.e., cough, shortness of breath, fever, loss of smell/taste). 

To the best of my knowledge, I have not been exposed to any persons (family members, friends, etc). who have exhibited symptoms of COVID-19. 

PLEASE HELP US FOLLOW THESE GUIDELINES – it is your kuleana as well as ours.

I hereby release BIC from any potential exposure to COVID-19 which I, or my minor children, may be exposed to. I agree and understand that by entering this facility, I am assuming the risk of potential exposure to COVID-19 or related viruses. My consent to this COVID-19 Special Notice applies to me and any minor children named in this Waiver form.

This form will be submitted to our Waiver system via PDF as a digital electronic copy.

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.

Mahalo nui for bearing with us with necessary paperwork. 

February 27, 2024

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Information

Participant's Instagram Handle

Medical History:


Please list any and all medical conditions which may affect your (or your child’s) ability to participate in the Activities (e.g. heart conditions, recent operations, physical injuries, etc.):
Despite the foregoing medical conditions, you are expressly agreeing to participate in the Activities and agree to the terms herein.*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Second Participant's Information

Participant's Instagram Handle

Medical History:


Please list any and all medical conditions which may affect your (or your child’s) ability to participate in the Activities (e.g. heart conditions, recent operations, physical injuries, etc.):
Despite the foregoing medical conditions, you are expressly agreeing to participate in the Activities and agree to the terms herein.*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Third Participant's Information

Participant's Instagram Handle

Medical History:


Please list any and all medical conditions which may affect your (or your child’s) ability to participate in the Activities (e.g. heart conditions, recent operations, physical injuries, etc.):
Despite the foregoing medical conditions, you are expressly agreeing to participate in the Activities and agree to the terms herein.*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information

Participant's Instagram Handle

Medical History:


Please list any and all medical conditions which may affect your (or your child’s) ability to participate in the Activities (e.g. heart conditions, recent operations, physical injuries, etc.):
Despite the foregoing medical conditions, you are expressly agreeing to participate in the Activities and agree to the terms herein.*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information

Participant's Instagram Handle

Medical History:


Please list any and all medical conditions which may affect your (or your child’s) ability to participate in the Activities (e.g. heart conditions, recent operations, physical injuries, etc.):
Despite the foregoing medical conditions, you are expressly agreeing to participate in the Activities and agree to the terms herein.*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information

Participant's Instagram Handle

Medical History:


Please list any and all medical conditions which may affect your (or your child’s) ability to participate in the Activities (e.g. heart conditions, recent operations, physical injuries, etc.):
Despite the foregoing medical conditions, you are expressly agreeing to participate in the Activities and agree to the terms herein.*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information

Participant's Instagram Handle

Medical History:


Please list any and all medical conditions which may affect your (or your child’s) ability to participate in the Activities (e.g. heart conditions, recent operations, physical injuries, etc.):
Despite the foregoing medical conditions, you are expressly agreeing to participate in the Activities and agree to the terms herein.*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information

Participant's Instagram Handle

Medical History:


Please list any and all medical conditions which may affect your (or your child’s) ability to participate in the Activities (e.g. heart conditions, recent operations, physical injuries, etc.):
Despite the foregoing medical conditions, you are expressly agreeing to participate in the Activities and agree to the terms herein.*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information

Participant's Instagram Handle

Medical History:


Please list any and all medical conditions which may affect your (or your child’s) ability to participate in the Activities (e.g. heart conditions, recent operations, physical injuries, etc.):
Despite the foregoing medical conditions, you are expressly agreeing to participate in the Activities and agree to the terms herein.*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information

Participant's Instagram Handle

Medical History:


Please list any and all medical conditions which may affect your (or your child’s) ability to participate in the Activities (e.g. heart conditions, recent operations, physical injuries, etc.):
Despite the foregoing medical conditions, you are expressly agreeing to participate in the Activities and agree to the terms herein.*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*

I am the parent or legal guardian of the listed participant (“Minor”), and hereby execute this Release for and on behalf of Minor and agree to bind myself, Minor, and any heirs, next of kin, assigns or personal representatives to the terms of this Release. I represent that I have full legal authority to act for and on behalf of Minor and I agree to indemnify and forever hold harmless BIC for any expenses, claims, or liabilities which may arise as a result of any insufficiency of my full legal authority to execute this Release.

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.

Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.



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.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Information

Participant's Instagram Handle

Medical History:


Please list any and all medical conditions which may affect your (or your child’s) ability to participate in the Activities (e.g. heart conditions, recent operations, physical injuries, etc.):
Despite the foregoing medical conditions, you are expressly agreeing to participate in the Activities and agree to the terms herein.*
Parent or Guardian's Signature*
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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