Loading...

Participant Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement

In consideration of the services of The Rock Dump, its rental shop/department, agents, owners, operators, stockholders, officers, directors, volunteers, independent contractors, employees, instructors, related and subsidiary companies, Alaska Coach Tours, sponsors, vendors, insurers, wall builders, wall designers and all other persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as “T.R.D.”), I hereby agree to release and discharge T.R.D. on behalf of myself, my parents, my heirs, assigns, personal representative(s) and estate as follows:

1. Inherent Risks I acknowledge that fitness type activities including yoga, exercise classes and equipment as well as the separate activity of rock climbing (including bouldering, climbing, belaying and/or automatic belaying, descending, rappelling, whether on my own, in classes or while ‘practicing’), using aerial silks, renting climbing equipment and specifically climbing in an indoor gym using artificial surfaces, each entail known and unknown and unanticipated risks that could result in physical or emotional injury, death, or damage to myself, to property, or to third parties. I understand and acknowledge that the enjoyment and excitement of this type of activity is derived in part from inherent risks created by activity beyond the accepted safety of life at home or in my normal day-to-day activities and that these inherent risks contribute to my enjoyment and excitement and are an integral reason for my participation in this activity. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity of rock climbing. Safety gear may prevent or lessen injuries in some instances; however, use of safety gear is not a guarantee of safety and injury may still occur. I also acknowledge my responsibility to be aware of my own safety while entering and exiting the T.R.D. facility, using its parking areas and encountering other persons, climbers or visitors in those outdoor areas.

I specifically acknowledge that the inherent risks associated with any climbing, fitness type activities (specifically including yoga or exercise classes and equipment like rowing machines and weights, etc.) and use of aerial silks variously include but are not limited to: overexertion, improper technique, ignoring safety precautions, failing to follow instructions, slips and falls, unfamiliarity with the equipment and/or exercise, equipment failure, failure in supervision/instruction, premises defects and other risks inherent to the particular activity exist. Immediately upon entering, I will inspect the facilities and I further warrant that such entry into the facility for observation, participation in physical activities or use of any facilities or equipment constitutes an acknowledgment that I find and accept same as being safe and reasonably suited for the purposes of such observation, participation or use. The risks also include, but are not limited to, falls which can result in serious injury or death; dropping equipment or being in the area of equipment that could be dropped or mis-used; improper use or failure of equipment; strains and sprains; aches and pains; those risks caused by facilities, temperature, condition of athletes, level of hydration, equipment, and actions of other people including, but not limited to, participants, volunteers, spectators, coaches, instructors and trainers. I understand that participation specifically involves the inherent risks of death, serious neck and spinal injuries resulting in complete or partial paralysis, heart attacks and injury to bones, joints, or muscles. I represent that I am voluntarily observing or participating in T.R.D. activities and using T.R.D. facilities or equipment with full knowledge of all potential dangers involved therein. I further understand that the T.R.D. has many unattended areas in the facility where will be no staff or instructors assigned or monitoring participants so that I am assuming full responsibility for myself and all the activities in which I choose to engage during my time at the T.R.D. I expressly acknowledge that naturally occurring human disease processes occur in all environments in which this activity will take place. I acknowledge that, while T.R.D. has taken reasonable measures to avoid contact, exposure, transmittal or contamination of germs/viruses between people (including guests/participants, employees and other third parties) that it is my sole responsibility to safeguard myself and others. I understand and agree that, if I choose to participate in this activity, that T.R.D. cannot and will not have any legal liabilities toward me if I contract air or contact borne illnesses. On the other hand, if it is determined that I acted negligently or unreasonably and was responsible for transmittal of any disease process to other T.R.D. participants or employees, that I may be held legally and financially responsible for that transmittal. 

I specifically acknowledge that the inherent risks associated with rock climbing, renting climbing equipment and specifically climbing indoors and the use of aerial silks using artificial surfaces includes, but is not limited to: falling off of the climbing wall, being fallen on or impacted by other participants, poor or improper belaying, the possibility that I will be jolted or jarred or bounced or thrown to and fro or shaken about while climbing or belaying, entanglement in ropes, falling because of improperly tied knots or rope technique, impacting the ground and/or climbing wall, mine or another’s failure to double-check my own gear and/or my climbing partner’s gear including all harnesses, knots, carabiners, belay devices, loose or dropped or damaged ropes or holds, equipment failure, mechanical devices failing or being improperly used, movement of climbing holds, improperly maintained equipment which I may or may not be renting from T.R.D., displaced pads or safety equipment, belay or anchor or harness failure, general slips/trips/falls or painful crashes while using any of the equipment or walls or bouldering areas or landing pits or work-out areas or the climbing structures or the premises at large, climbing out of control or beyond my or another participants’ limits, climbing or practicing in preparation for tests, objects being dropped from heights and landing on or impacting climbers, the negligence of other climbers or spotters or visitors or participants who may be present, participants giving or following inappropriate “Beta” or climbing advice or move sequences and my choice to follow these advices, mine or others’ failure to follow the rules of the T.R.D., my failure to seek instruction or advices from T.R.D. personnel, my own negligence or inexperience, dehydration or exhaustion or cramps or fatigue - some or all of which may diminish my or the other participants’ ability to react or respond. I specifically acknowledge that ‘ATC’ (Air Traffic Controller or manual or tube-style braking device) are NOT ALLOWED at T.R.D.; ONLY A.B.D. (Assisted Brake Devices) belay devices are allowed at T.R.D. In addition, with aerial silks, I may experience falls from any height, including falls resulting from loss of grip, loss of strength, equipment failure, improper rigging, fabric slippage, entanglement, or human error; sudden or uncontrolled descents, drops, swings, spins, collisions, and impacts with the ground, mats, apparatus, instructors, participants, structures, or other objects or the failure of equipment, rigging systems, anchor points, carabiners, fabrics, etc. 

I understand and expressly acknowledge that I have responsibilities, including the responsibility for my own safety while participating in any or all of the activities associated with or provided by the T.R.D. I understand the presence of T.R.D. staff or representatives is absolutely no assurance of my safety or the lessening of any of the risks of these activities. I also acknowledge that I have the responsibility to inspect all facilities or equipment to be used or rented and to immediately advise T.R.D. of anything which I consider to be unsafe or to refuse to participate. I acknowledge that my time participating in T.R.D. events/activities may require me to use technical equipment (IE – ropes, harnesses, belay devices, silks, etc.) that I might not be familiar with and that I or other participants may find difficult to use and which I or other participants may use incorrectly. This improper use or operation may include but is not limited to: the failure to observe and obey all safety rules or instructions given to the participant by T.R.D. guides/staff. I acknowledge that I am responsible for all personal equipment brought into the facility and used by me in any activity offered by the T.R.D., including ropes, harnesses, climbing shoes, belay devices, carabiners, etc. Very specifically, T.R.D. cannot and will not be responsible for inspecting or ‘vetting’ personal equipment brought into the gym; all personal equipment is used at the owner or climbers’ personal risk. Furthermore, T.R.D. instructors, employees, volunteers, agents or others have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant of mine or another participant’s fitness or abilities. They may give inadequate warnings or instructions, and the equipment they use or recommend or provide or rent to me might malfunction or be poorly maintained. I expressly acknowledge that the use of drugs or alcohol during my participation in any or all of the activities associated with or provided by the T.R.D. is done at my own peril and is not condoned, encouraged or excused by T.R.D. in any way. I understand that the T.R.D. reserves the right to deny me or any other person participation before or during an activity if it finds that person to be mentally or physically impaired or unprepared.

I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my use of or participation in T.R.D. facilities, equipment, rentals or activities.


2. Express Assumption of Risk: I expressly agree and promise to accept and assume all the risks existing in this activity. This means I am not just assuming the inherent risks of the activity but rather that I am assuming all of the risks of the activity, even if they are not expressly stated in this document. My participation in this activity is purely voluntary, and I elect to participate despite the risks. I expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I am signing it of my own free will. This is a purely voluntary unnecessary activity for me and even if I do not (or claim that I do not) have knowledge of a particular risk, this express agreement to assume all risks whether they are known or unknown to me is intended to defeat all claims I might have against T.R.D. 


3. Release and Waiver of Rights Including for Claims of Negligence: I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless T.R.D. from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of T.R.D.’s equipment or facilities, including any such Claims which allege any theory of negligence including negligent acts or omissions of T.R.D. What I am agreeing to in this clause is that, beyond the legal application of the inherent risk and assumption of the risk provisions, this separate provision means I am waiving all claims I might have against T.R.D. sounding in negligence. I agree that the specific risks of death, injury or other property damage are clear and unambiguous to me and that, even if a specific mechanism of injury is not listed in this document it is my express agreement not to hold T.R.D. liable for negligence related to my death or injury or any other style of damage.


4. Indemnity: Should T.R.D. or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless (in other words, I agree to pay for…) for all such fees and costs.


5. Personal Skill & Insurance: I certify that I have sufficient skill and fitness to participate in the activities offered at T.R.D. I further certify that I have no medical, mental or physical conditions which could interfere with my safety or ability to participate in these activities, or else I am willing to assume and bear the cost of all risks that may be created, directly or indirectly, by any such condition. I further certify that I have adequate insurance to cover any injury, damage or emergency transportation costs I may cause or suffer while participating, or else agree to bear the costs of such injury, damage or emergency transportation costs myself. 


6. Medical Issues: I further agree that, in the event that the T.R.D. deems it necessary to administer emergency first aid, CPR or AED or to remove me from its facility or premises or to seek emergency medical care for me that, by signing this document, I am giving T.R.D. permission to: administer emergency first aid or CPR or AED, secure emergency transport or medical care and/or disclose any medical information it may have about me to any health care provider which may become involved in my care, treatment or removal from the T.R.D. By signing this document I am waiving any right to object to or bring any type of action or claim against T.R.D. for its administration of emergency first aid or CPR or AED, or for securing emergency transport or medical care and/or for the disclosure of personal medical information it may have about me to any health related person who becomes involved in my care or removal from the T.R.D.


7. Photographic Assignment: I understand that the T.R.D. reserves the right to take photographic or film (of whatsoever nature) records of any or all of the activities conducted within its premises and I hereby agree that the T.R.D. may use such records for promotional and/or commercial purposes without any remuneration to me. I hereby assign all right, title and interest I may have in or to any and all media in which my name or likeness might be used by the T.R.D.


8. Release as Contract and Personal Capacity: I expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I am signing it of my own free will. I expressly agree and acknowledge that this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement will apply to each and every visit to A.R.G and all T.R.D. equipment rentals or activities in which I participate for a period of one year from the date of my signature below. I agree and expressly acknowledge that I am not under the influence of drugs or alcohol at the time of my signing of this document and that there are no other impediments or reasons why I would lack the capacity to enter into this contract with the T.R.D. 


9. Forum Selection, Severability, Breach of Contract/Warranty Waiver, Etc.: In the event I file a lawsuit against T.R.D. I agree to do so solely in the First Judicial District of State of Alaska, and I further agree that the substantive law of Alaska shall apply in that action without regard to the conflict of law rules of that state and I hereby irrevocably waive any other jurisdiction or venue to which I or my estate might otherwise have been entitled. I agree to submit to the jurisdiction of the Alaska courts. I agree that if any portion of this agreement/contract is found to be void or unenforceable, the remaining portion shall remain in full force and effect; this document is intended to be interpreted as broadly as possible. A copy or electronic version of this release contract can be used as if it were the original. I understand that this document constitutes the entire Agreement/Contract between ourselves and T.R.D. and that it cannot be modified or changed in any way by representations or statements of any nature (be they vocal, advertising, etc.) outside of this document; in other words, I am also waiving any claims I might have for breach of contract or warranty for statements or representations made outside of this release contract. I also expressly agree that this release contract will be admissible into evidence in any legal proceeding which I initiate or become involved in against T.R.D., even if the Court rules that the contract is not dispositive of the case. 


By signing this document, I acknowledge that if anyone is hurt or killed or property is damaged during my participation in or use of T.R.D. activities or premises or facilities or rental equipment, I may be found by a court of law to have waived my right to maintain a lawsuit against T.R.D. I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT (All 4 Pages). I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS.

 June 21, 2026


First Participant's Name
First Name*
Middle Name
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
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*
Date of Birth
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.


One or more problems exist. Please scroll up.




Powered by  Smartwaiver - TRY IT FREE! and  Rock Gym Pro