WAIVERS FOR MINORS CAN ONLY BE SIGNED BY A PARENT OR COURT-APPOINTED GUARDIAN.
DO NOT SIGN IF THE MINOR IS NOT YOUR CHILD.
THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS.
READ ENTIRE DOCUMENT BEFORE SIGNING.
EVERYONE entering the facility must complete this form.
The individual(s) named below desire(s): (a) to use or be granted access to one or more of the facilities owned or operated by Rock Haven Climbing, LLC (collectively, the “Facilities”); (b) to participate in trips, competitions, camps, climbing courses, and/or other types of events (collectively, “Events”) which may take place at the Facilities or are otherwise sponsored by or involve Rock Haven Climbing, LLC (“Rock Haven”) and its officers, directors, employees, contractors, agents, affiliated entities, landlords, and property managers (collectively, the “Released Parties”); and/or (c) to engage in wall climbing, bouldering, other climbing activities, sports, fitness activities, trainings, classes, or any of the various other types of activities (collectively, “Activities”) which may take place at the Facilities or are otherwise provided or sponsored by Rock Haven Climbing, LLC. All references to the Facilities throughout this Waiver, Release of Liability, and Assumption of Risks (“Release”) includes all rooms, areas, and spaces on the interior of each Facility, the exterior of each Facility, and the parking lot of each Facility. For purposes of this Release only, I agree that Events and Activities sponsored by Rock Haven, which occur outside the Facilities, span from the time that I leave my residence prior to each particular Event or Activity to the time that I return to my residence after the conclusion of that Event or Activity, as the case may be.
In consideration for Rock Haven permitting me and/or minors in my control (including my children) to use the Facilities, to participate in the Events and/or to engage in the Activities, I hereby acknowledge as follows, on behalf of myself, minors in my control (including my children), parents, spouse or partner, heirs, assigns, personal representative, and estate
1. Risks and assumptions of risk
I understand that there are significant elements of risk associated with the use of Rock Haven Facilities, participation in the Events, and engagement in the Activities that may be sponsored by Rock Haven or otherwise involve the Rock Haven Facilities. I understand and acknowledge that certain risks cannot be eliminated due to the nature of the Events or the Activities, and that these elements and risks may be causes of injury, illness, permanent disability, trauma, or death. These risks and dangers include but are not limited to falling; landing on or striking padded or unpadded surfaces; being injured by falling objects or participants; being injured by the actions or inactions of other participants; movement of climbing holds; equipment failures of any kind; physical injury as a result of engaging in physical activity; and the contraction of communicable illnesses. I recognize that the foregoing list of risks are examples of the risks that I am assuming by using the Facilities and/or participating in the Events or Activities and that I am also assuming risks not specifically listed above. I recognize that if I encounter these risks, serious injury, illness, or death may result, and I understand that no amount of care, caution, instruction, or expertise can eliminate these risks, regardless of whether I follow Rock Haven safety instructions or recommendations, such as those pertaining to Facility rules and regulations, instructional programs, or involving my choice of equipment to use. I agree to assume all such risks, as well as any other risks involved in using the Facilities, participating in Events, and/or engaging in the Activities sponsored by or involving the Climbing Gyms or any of the other Released Parties.
2. Voluntary participation
I have voluntarily chosen to participate in climbing and non-climbing activities at Rock Haven Facilities or sponsored by Rock Haven. I understand the Facilities are private and recreational in nature, and I have chosen voluntarily to use the Facilities over other recreational opportunities available to me.
3. Medical insurance and conditions
I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while using the Facilities, or participating in Events and/or Activities, and that I have no medical or physical conditions which could limit or interfere with my use of the Facilities or participation in Events and/or Activities. I agree to assume and bear the costs of any injury or damage if not covered by insurance and of all consequences and risks that may be created, directly or indirectly, by any personal medical or physical condition that could limit or interfere with my use of the Facilities or participation in Events and/or Activities.
4. Release of liability
For any and all claims, demands, or causes of action (“Claims”) that in any way arise out of or are connected with the Rock Haven Facilities and sponsored Events and Activities, and any alleged ordinary negligence of Released Parties, I—on behalf of myself and minors in my control (including my children), parents, spouse or partner, heirs, assigns, personal representative, and estate—to the extent permitted by law, hereby: (a) voluntarily release the Released Parties from such Claims; and (b) covenant not to sue or make any Claims against the Released Parties (whether in court or in arbitration). The terms of this Section do not extend to Claims based on gross negligence or reckless or intentional misconduct.
5. Indemnification, hold harmless, and defense
I further agree to indemnify, hold harmless, and defend the Released Parties from and against any and all loss, damage, liability, Claim, and expense, including costs and attorneys’ fees, incurred by any of the Released Parties as a result of my using the Facilities, participating in Events, and/or engaging in Activities sponsored by Rock Haven or any of the other Released Parties, including any loss, damage, liability, Claim, and expense arising out of Released Parties’ own negligence. I understand that this Section means that I will have to reimburse Rock Haven Facilities or any of the other Released Parties for any losses, damages, liabilities, claims, costs, attorneys’ fees, or expenses sustained by the Released Parties as a result of my using any Facility, participating in Events, and/or engaging in Activities sponsored by Rock Haven or any of the other Released Parties. I agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on my estate and my personal representative, executor, administrator, or guardian will be obligated to respect and enforce them.
6. Rules and safety
I agree to abide by Rock Haven’s rules and directions while using the Facilities or when participating in Events and/or Activities sponsored by Rock Haven. I understand that using the Facilities or participating in Events or Activities may require strength, endurance, and agility, and I will refrain from or stop any activity that I believe is beyond my abilities. I acknowledge that climbing and engaging in other movement activities while impaired—either from alcohol, controlled substances, or anything else that could affect my ability to move safely—is strictly prohibited and I agree to not climb or engage in Activities while impaired..
7. Release of my likeness
I acknowledge and agree that Rock Haven reserves the right to use any photograph, video recording, audio recording, or any other media taken at the Facilities, during Events, or in connection with any of the Activities involving the Facilities or any of the other Released Parties in connection with the Facilities and the Released Parties’ promotional materials, brochures, social media, and websites, without further compensation to, or consent or permission from, me. I also acknowledge and agree that the Released Parties may disclose any or all of my personal information if the Released Parties are requested to do so by any governmental agency or authority.
I am aware of the contagious nature of bacterial and viral diseases including the 2019 novel coronavirus disease (also known as COVID-19) (collectively, “Diseases”) and the risk that I may be exposed to or contract such Diseases by using the Facilities or participating in Events or Activities sponsored by Rock Haven. I understand and acknowledge that such exposure or infection may result in serious illness, personal injury, permanent disability, death, or property damage. I acknowledge that this risk may result from or be compounded by the actions, omissions, or negligence of others, including the Released Parties. I understand that while Rock Haven may take measures to reduce the spread of the Disease, it cannot guarantee that I will not become infected while using the Facilities or participating in Rock Haven-sponsored Events or Activities. I understand that if requested, Rock Haven will cooperate with governmental agencies to provide them (or their agents) with information about such Diseases, which may include providing my name and contact information to such authorities, and I agree to Rock Haven sharing such information.
Notwithstanding the risks associated with such diseases, I acknowledge that I am voluntarily using the facilities with knowledge of the danger involved and that the release of liability and indemnification provisions in Sections 4 and 5 above will apply to any Claim alleging that I contracted a disease while using the facilities or participating in Rock Haven-sponsored Events or Activities, or while interacting with anyone else using the facilities or participating in Rock Haven-sponsored Events or Activities.
I agree this agreement shall be an enforceable RELEASE OF LIABILITY AND INDEMNITY as broad and inclusive as permitted by Oregon law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law.
10. Choice of law, forum, and attorneys’ fees
This agreement is governed by and shall be construed in accordance with the laws of the State in which I use a Facility, participate in an Activity, or participate in an Event. I agree that any dispute arising from this agreement shall be brought only in the state and federal courts of Portland, Oregon, and I agree to the jurisdiction and venue of those courts for any such dispute. In any litigation in which the validity or enforceability of this agreement is contested, I agree that the non-prevailing party will pay all attorneys’ fees and costs of the parties seeking to uphold the agreement.
11. Safety video
I and any minors under my control (including my children) listed on this Release have watched the Rock Haven Safety Video and had the opportunity to ask questions of Rock Haven staff.
12. Acknowledgment of terms of this Release
I acknowledge, for myself and any minor child or children on whose behalf I have signed the Rock Haven “Waiver, Release of Liability, and Assumption of Risks” form (“Release”), that: (a) I am at least 18 years of age; (b) I have read the Release and I fully understand all of the terms of the Release; (c) I have fully informed myself of the contents of this agreement by reading all of it before signing it; (d) No oral statements have been made to me which purport to modify the terms of this agreement; (e) No promises or other inducement to sign this release have been made apart from what is contained in this document; (f) I agree that nothing in the Rock Haven Safety Video or Rock Haven-sponsored bouldering classes I may choose to take unto which this Acknowledgement is attached shall be construed to alter, modify, or extinguish any element of the Release, or any agreement made by me thereunder; (g) I understand that I or such minor child or children identified on this Release may require orientation and/or training before participating in climbing and bouldering activities in a Rock Haven Facility; (h) I understand that if I or such minor child or children identified on this Release need(s) additional assistance, orientation, instruction, training, or assessment during my or such minor child’s or children’s participation at a Rock Haven Facility at any future time, then it is my responsibility to seek such assistance, orientation, instruction, training, or assessment from the Rock Haven staff prior to participating in any activity for which I am not, or such Participant is not, trained or qualified; (i) I understand this is a contract that affects my legal rights and I sign it of my own free will and agree to be bound by all of its terms; and (j) my signature indicates that I understand the information and acknowledgments set forth above.
February 20, 2024