WARNING: BY SIGNING THIS AGREEMENT, YOU WILL GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE TO RECOVER COMPENSATION FOR ANY ACCIDENT, INJURY, LOSS OR DEATH TO YOURSELF/ OR THE MINOR, OR ANY DAMAGE/LOSS TO YOUR/ OR THE MINOR’S PROPERTY ARISING OUT OF YOUR/ OR THE MINOR’S USE OF RENTAL GEAR OBTAINED FROM BOLDER CLIMBING COMMUNITY.
Participants under 18 years of age require the witnessing and signature of a Parent or legal guardian to this document before being allowed to rent any gear from BOLDER CLIMBING COMMUNITY.
In this Release Agreement, the term “Rental Gear” shall include, but is not limited to, bouldering crash pad(s), their carrying systems, and/or any pad coverings, including those not provided by BOLDER CLIMBING COMMUNITY.
In this Release Agreement, the term “activity” shall include, but is not limited to, bouldering, mountaineering, rock climbing, ice climbing, mixed climbing, hiking, glacier travel, sport climbing, high altitude climbing, travel, and general physical exercise both outdoors and indoors.
RENTAL TERMS AND CONDITIONS
1. Rental Gear may only be rented in person at Bolder Climbing Community, and may be booked with payment a maximum of 72 hours (3 days) in advance.
2. Rental fees must be paid for in full at the time of booking.
3. Rental Gear may be booked for a maximum of 3 consecutive days, after which it may be booked again upon return if there are no conflicting bookings.
4. Rental Gear may be picked up at any time* on the first day you have booked for, and must be returned before 9:00 PM on the designated return date.
*Pad(s) can be picked up as early as 7pm the night prior to your booking if they are not currently rented out awaiting return. Please call for availability for early pick ups.
5. In order to book Rental Gear, a pre-authorized damage deposit of $100 must be made. This payment will be processed in full in the event of theft or damage to the Rental Gear rendering it unusable. Late returns without clear communication to BOLDER CLIMBING COMMUNITY will be deemed theft, and will result in the damage deposit being processed.
6. Any damage to Rental Gear beyond reasonable wear and tear will be subject to a damage fee of up to $50, to be determined by BOLDER CLIMBING COMMUNITY based on the extent of the damage.
7. Late returns will be charged a Late Fee of $15 per day for every day the Rental Gear is withheld past it's booking return date, in addition to the daily rental fees which will continue to accrue with each day past the return date. Ie. 1 day late = $35 charge to be paid upon return.
8. Rental Gear is to be returned in the same condition it was obtained in; a $20 cleaning fee may apply if Rental Gear is returned with unreasonable levels of dirt and/or debris.
9. Rental Gear should be treated with the same respect and care as you would your own gear; please do not place bouldering crash pads in water or on wet surfaces, and ensure a waterproof barrier is used between the pads and the ground if it is wet. Additionally, please keep mud and dirt off the pads from shoes/feet; we recommend bringing a small towel or doormat to wipe feet on if the area is muddy.
10. Any late fees or cleaning fees are to be paid in person at the time of return. Damage fees will be deducted from the damage deposit.
I have fully read, understood, and agree to the terms and conditions that apply to all Rental Gear obtained from BOLDER CLIMBING COMMUNITY.
I understand that bouldering crash pad(s) are only specified for use in bouldering, and that the Rental Gear is not to be used as protection for falls from the following activities, including but not limited to, mountaineering, rock climbing, ice climbing, mixed climbing, hiking, glacier travel, sport climbing, high altitude climbing, travel, and general physical exercise both outdoors and indoors.
I understand that the protection offered by bouldering crash pads is not equivalent to the installed floor padding at the indoor facility BOLDER CLIMBING COMMUNITY.
I also understand that the use of bouldering crash pads does not guarantee protection from injury or death upon falling while bouldering outdoors, and is only one of several components of risk mitigation.
I understand that it is my responsibility to educate myself on the proper use of bouldering crash pads, in addition to other risk mitigation practices for outdoor bouldering, and that it is not the responsibility of the Released Parties to provide this information to me.
I understand that it is my personal responsibility to consult with my physician prior to my participation in any activities.
I also understand that if at any time during any activities if I feel discomfort or strain it is my responsibility to cease the activity and consult with my physician. I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activities while in possession of any Rental Gear obtained from BOLDER CLIMBING COMMUNITY.
ACKNOWLEDGMENT OF RISKS: I ACKNOWLEDGE THAT THE FOLLOWING DESCRIBES SOME, BUT NOT ALL THE RISKS OF THE ACTIVITIES ASSOCIATED WITH OUTDOOR BOULDERING:
1. Mountainous and steep terrain where a fall may cause injury or death;
2. Falling rock, ice or other objects, which may cause injury or death;
3. Falls, whether landing on or off of the Rental Gear, which may cause injury or death;
4. Uneven landing surfaces which may render Rental Gear less effective, and may lead to partial or completely unprotected falls resulting in injury or death;
4. Injuries sustained in physical activity outdoors including but not limited to scrapes, bruises, sprains, strains, and fractures;
5. Violent and unpredictable weather which may cause injury due to extreme heat or cold, and which may prevent travel to, from, or within an area;
6. Wild and/or poisonous plants, animals, or insects which are unpredictable in nature and may affect, or attack me;
7. Remoteness of location with poor communication and inability to get rescue or medical assistance quickly or easily;
8. Illness which can be caused, among other things, by altitude, food, untreated water, plants and animals, or the difficulty of maintaining hygiene on trips;
9. Negligence on the part of the Released Parties, including failure by the Released Parties to take reasonable steps to safeguard or protect me from the risks, dangers and hazards of outdoor bouldering.
I understand the description of these risks is not complete and that other unknown or unanticipated risks may result in injury, illness, or death. I understand that no amount of care, caution, instruction or expertise can eliminate the inherent dangers associated with these activities.
I understand that BOLDER CLIMBING COMMUNITY reserves the right to refuse to issue Rental Gear to anyone that BOLDER CLIMBING COMMUNITY thinks may pose a health risk to themselves or to others. I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activities while in possession of any Rental Gear obtained from BOLDER CLIMBING COMMUNITY.
I understand that by signing this Agreement, I am giving up the right to sue or make any Claim against the Released Parties on my behalf or on behalf of the Minor, and that this Agreement shall be binding on the heirs, executors, administrators, assigns, and personal representatives of myself or the Minor.
If any portion of this Agreement is held invalid, I agree that the remainder of the Agreement shall remain in full legal force and effect.
I appreciate that this Agreement applies whether the Released Parties are at fault or not and it limits the liability of all of the Released Parties, notwithstanding that not all of the Released Parties are formal parties to this Agreement. I understand that BOLDER CLIMBING COMMUNITY, in securing execution of this Agreement by myself or by myself on behalf of the Minor, is acting as agent or trustee on behalf of or for the benefit of the Released Parties, who shall to this extent be or be deemed to be parties to this Agreement.
I HAVE READ AND UNDERSTOOD THIS WAIVER OF LIABILITY AND RENTAL TERMS AGREEMENT FREELY AND VOLUNTARILY WITHOUT ANY COMPULSION ON THE PART OF THE RELEASED PARTIES. I UNDERSTAND THAT THIS AGREEMENT CONTAINS A PROMISE NOT TO SUE THE RELEASED PARTIES AND PROVIDES FOR A RELEASE AND INDEMNITY FOR ALL CLAIMS. INTENDING TO BE LEGALLY BOUND, I HAVE SIGNED THIS AGREEMENT ON THIS DAY [DATE]