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MINNESOTA CLIMBING COOPERATIVE
 

Waiver and Release of Liability Agreement

You will not be allowed to participate in any activities or stay

at the Minnesota Climbing Cooperative without the signed waiver.

 

(1) I am over the age of eighteen (18) and am competent to execute this Waiver. I am in good health and have no physical limitations which would preclude my safe use of the climbing wall operated by Minnesota Climbing Cooperative (the “Climbing Wall”). I CERTIFY that all information on this form is true and correct.

(2) I wish to participate in the sport of rock climbing, the use of the Climbing Wall, and other services and/or activities provided by Minnesota Climbing Cooperative (the “Activities”). I ACKNOWLEDGE AND AGREE that there are known and unknown hazards involved in participating in the Activities, including but not limited to all manner of injuries arising from falling and striking objects or other people; being struck by falling objects or people; failure of any part or all of the climbing structures, flooring systems, slackline system, building or training and fitness apparatus; defective, worn, uneven, separated or additional flooring or pads; hazards created by additional pads; falling and failing to land on a pad; failure and/or breakage of climbing holds; failure of climbing hold anchoring systems and hardware; failure of anchoring systems, anchors and belay devices used to secure climbing anchors and ropes; falling because of improper use of ropes and safety equipment, including but not limitation, climbing, belaying, rappelling, lowering on the rope, rescue systems, and other rope techniques; all manner of injuries resulting from failure of ropes, slings, harnesses, climbing hardware, anchor points, or any part of the Climbing Wall structure; strained or sprained muscles, joints and connective tissue; broken bones; personal injury including paralysis, death, illness, property damage, and other losses. Injury or death can arise from errors in judgment, from lack of training or information, from the negligence of me, employees of Minnesota Climbing Cooperative or other parties, as well as the risks normally associated with athletic endeavors. There is no way to eliminate the risk of serious harm or death. I understand that my use of Minnesota Climbing Cooperative facilities and any instruction or knowledge I obtain at those facilities IS NOT sufficient to prevent the dangers and risks of indoor and outdoor climbing. I CERTIFY THAT I UNDERSTAND CLIMBING, BOULDERING AND PHYSICAL FITNESS TRAINING ACTIVITIES EXPOSE ME TO A HIGH RISK OF INJURY OR ACCIDENT. I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS, WHETHER KNOWN OR UNKNOWN, OF INJURY, ILLNESS, DEATH OR DAMAGE OF WHATEVER KIND ARISING OUT OF MY PARTICIPATING IN ANY SUCH ACTIVITY AT MINNESOTA CLIMBING COOPERATIVE FACILITIES OR SPONSORED BY MINNESOTA CLIMBING COOPERATIVE.

(3) I hereby forever WAIVE AND RELEASE any claims, actions, or causes of action for any personal injury, death or property damage, or other injures or damages arising out of or in connection with the Activities, whether supervised or unsupervised, other than that resulting from or arising out of the INTENTIONAL, WILLFUL, or WANTON acts of Minnesota Climbing Cooperative, its directors, officers, employees, agents, predecessors, successors, or assigns. This waiver and release expressly includes the release of any claims, actions, or causes of action for personal injury, death, or property damage, or other injuries or damages arising out of any NEGLIGENCE by Minnesota Climbing Cooperative, its directors, officers, employees, agents, predecessors, successors, or assigns expressly including without limitation, negligent supervision or negligent maintenance.

(4) I AGREE that I, and not Minnesota Climbing Cooperative, or any of its directors, officers, employees, agents, predecessors, successors, or assigns, shall be fully responsible for payment of any bills for medical services rendered to me as a result of any accidents, injuries, or illnesses arising from or in connection with the Activities.

(5) I further AGREE to INDEMNIFY and HOLD HARMLESS Minnesota Climbing Cooperative, its directors, officers, employees, agents, predecessors, successors, or assigns, for all costs, damages, and/or awards, including attorneys’ fees, arising out of any demands, causes of action, claims, counterclaims, or cross claims brought by any other person or entity against Minnesota Climbing Cooperative pertaining to, arising out of, or as a result of any act or omission by me, intentional, negligent, or otherwise, in connection with the Activities.

(6) The provisions of this Waiver and Release are severable. If any part of this Waiver and Release is found to be unenforceable, the other provisions shall remain fully valid and enforceable. The laws of the State of Minnesota govern this Waiver and Release.

(7) I have carefully read this waiver and release and fully understand its contents. I am aware that this is a waiver and release of liability and a contract between me and Minnesota Climbing Cooperative and that I have signed of my own free will. In signing this waiver and release, I acknowledge and represent that no oral representation, statement, or inducement, apart from the foregoing written agreement, has been made and I execute this waiver for full, adequate, and complete consideration fully intending to be bound by same.

(8) I accept full responsibility for my own safety and my conduct with respect to other climbers while in the climbing gym area. I agree to abide by, and to help enforce all climbing wall safety policies in effect from time to time during my use of the climbing wall or presence in the climbing gym area.

 

COVID-19 ASSUMPTION AND ACKNOWLEDGMENT OF RISK

 

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. It is believed that an individual can be infected with COVID-19 without their knowledge and be asymptomatic. Minnesota Climbing Cooperative (the “MNCC”) has created new protocols and put in place preventative measures measures to reduce the spread of COVID-19 but the pandemic circumstances require that anyone and everyone related to and coming into contact with other individuals in MNCC's facilities and programs assume personal responsibility for the risks of participation. MNCC cannot guarantee that you, your child(ren), your family, or friends will not become exposed to or infected with COVID-19, or that if infected, that you or your children will not pass COVID-19 to others. Visiting our facility or attending any program hosted or sponsored by MNCC may increase your risk and your child(ren)’s risk of contracting COVID-19 or other communicable diseases, and consequently the risk that you, your children, your family, your friends and other people may contract COVID-19 (or other communicable diseases).

In consideration of me/my child(ren) being allowed to enter, use, or visit the facility and participate in any way in a MNCC program, I acknowledge that I have carefully read this document and fully understand that it includes a release of liability, and that by signing it I am giving up legal rights which I or my child(ren) otherwise might have. 

I acknowledge that I am the parent(s)/legal guardian(s) of the minor child(ren) listed at the end of this document and have Decision Making Responsibility for them. I further acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that by entering, utilizing, or participating in a MNCC facility or program my child(ren) and I, and through us, our family, friends and others, may be exposed to or infected by COVID-19 (and/or other communicable diseases) , and that such exposure and/or infection may result in personal injury, illness, permanent disability, and death.

I understand that the risk of becoming exposed to or infected by COVID-19 (or other communicable diseases) at, during or related to a MNCC facility or program may result either from COVID-19 (or another communicable disease) itself and the inability of any action or series of actions to entirely prevent exposure to, transmission of, or infection by COVID-19, or may result from the actions, omissions, or negligence of MNCC's owners, management, employees, volunteers, myself, my child(ren), or others, including, but not limited to other participants and their families.

I VOLUNTARILY AGREE to assume all risks related to entry, use, and participation in MNCC's facility, and programs, whether described in this document, otherwise known or unknown, and accept sole responsibility for any injury to my child(ren), myself, other family members, friends and others, which injury may include, but not be limited to, personal injury, illness, disability, or death, as well as any damages, losses, claims, liabilities, or expenses of any kind arising from or related in any way to COVID-19 (or any other communicable disease) and my/my child(ren)’s participation in MNCC's facility or program (the “Claims”), and the actions, omissions, or negligence of MNCC's owners, management, employees, and volunteers.

Further, on my own behalf, and on behalf of my child(ren), other family members, friends, guests at the facility or program and any of my or their heirs, executors, successors and assigns, I hereby release, covenant not to sue, discharge, and agree to indemnify, defend and hold harmless MNCC and its owners, management, employees, agents, volunteers and representatives, of and from the Claims to the fullest extent permitted by law.

I acknowledge that I have had the opportunity to consult with an attorney prior to executing this release and waiver, that I have carefully read and fully understand all of its provisions, and that I execute this waiver and release agreement voluntarily and of my free will. 

I promise not to institute any charge, complaint, or lawsuit to challenge the validity of this Release or the circumstances surrounding its execution; in such case, MNCC (and its owners, management, employees, agents, volunteers and representatives) shall be entitled to recover all of their attorneys’ fees and expenses from me regardless of the result.


 

FACILITY AND SAFETY ORIENTATION

 

EVERYONE

  • Climbing is inherently dangerous
  • Climb at your own risk
  • No firearms or weapons
  • No smoking, alcohol, or drugs
  • No pets
  • No glass containers
  • No food or drink—except water—in climbing areas
  • No street shoes in climbing areas
  • No climbing with bare feet—except campusing
  • DO NOT walk beneath climbers when they are climbing
  • Be aware of fall zones
  • Everyone falls—be prepared to fall

MEMBERS

  • Keep doors locked and closed
  • Close windows, and turn off lights, music, and fans if you are the last to leave
  • Climbing alone is discouraged
  • Keep music to an acceptable level from 7a–5p
  • Do not leave belongings in the cubbies overnight

MEMBERS WITH GUESTS

  • Members are responsible for their guests
  • Give your guests an orientation
  • Ensure guests pay day pass fee
  • Guests can’t be in the Co-op without you 
  • You may sponsor up to three guests at a time

VISITORS

No visitors allowed. A visitor is anyone who has not paid to be in the space. For example:

  • Your grandma or friend who wants to hang out and watch you climb

SPOTTING

  • DO NOT expect a spot
  • Ask for a spot if needed
  • Spot at your own risk

HANDHOLD SPINNERS

  • Tighten handhold with a T-wrench located by the front desk
  • If you’re unable to tighten the handhold, leave a note at the front desk

EXERCISE EQUIPMENT

  • Wipe down when finished
  • Put away when finished
  • Use closed-toed shoes when using weights

SLACKLINE

  • Allowed during off-peak hours
  • Slackline at your own risk
  • Use designated anchors
  • Make sure fall zone is clear

MINOR POLICY

  • Anyone under the age of 18 may not use the Co-op during Open Hours without prior approval from the MNCC
  • Anyone under the age of 18 requesting an Access Pass requires MNCC approval
  • MNCC approval is requested at www.mnclimbingcoop.com/minor-policy and reviewed on a monthly basis
  • The MNCC reserves the right to deny or revoke access to anyone under the age of 18
  • Anyone under the age of 18 must have a waiver signed by their parent or legal guardian. This can be signed by the parent or legal guardian ahead of time.
  • Anyone under the age of 18 must be accompanied by a parent or legal guardian and supervised while using the Co-op unless prior approval has been given by the MNCC
  • No parent or legal guardian may supervise more than two minors at any given time.
  • Anyone under the age of 18 cannot sponsor guests.



First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*

Phone*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*

Phone*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*

Phone*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*

Phone*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*

Phone*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*

Phone*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*

Phone*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*

Phone*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*

Phone*
Tenth Participant's Date of Birth*
Parent or Legal Guardian's Email Address

Email*

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

Today's Date *
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:*
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
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 Legal Guardian's Name

First Name*

Last Name*

Relationship*

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