Loading...

This Agreement must be signed by all visitors of Boardworks Climbing, LLC, an Oregon limited liability company (collectively referred to herein with Boardworks Climbing's employees, owners, officers, directors, agents, independent contractors and assigns as “Boardworks Climbing”). If the visitor is a minor, it must be signed by his or her parent or legal (court appointed) guardian, who signs for himself or herself and, if allowed by law, the minor visitor. "Visitor" as used in this Agreement includes participants in Boardworks Climbing Activities (see below) and other persons that enter a Boardworks Climbing facility or take part in a Boardworks Climbing activity.

In consideration of the services of Boardworks Climbing, I, an adult visitor or parent or legal guardian of a visitor who is a minor, acknowledge and agree as follows:

 

ACTIVITIES: This Agreement applies to facilities operated by Boardworks Climbing, other facilities that Boardworks Climbing uses for its activities, and any outdoor or remote locations where Boardworks Climbing is conducting activities. Activities of Boardworks Climbing (“Boardworks Climbing Activities”) include but are not limited to the following: the use of climbing walls, weights and other training and fitness equipment, participation in activities or events including gear demonstrations, parties, clinics, training, and other fitness classes, use of parking areas, the rental or borrowing of equipment from Boardworks Climbing, and other activities and use of facilities and equipment at a Boardworks Climbing gym or elsewhere.

RISKS: I recognize and understand that there are risks, hazards and danger in Boardworks Climbing Activities, inherent and otherwise, and that participation could result in injuries of all kinds, including serious injury or death. The risks involved in Boardworks Climbing Activities include, but are not limited to: hazards in traveling to the location of an activity; parking and moving about parking and other areas in the vicinity of the gym or other activity site; falling, collision with objects, people or structures, falling onto uneven, worn or hard landing surfaces; being struck by other visitors or objects; loose handholds or loose rock, equipment failure even if equipment is properly used; the conduct, including negligent conduct, of other visitors, participants and staff; harm due to exposure to weather, plants or wildlife; potential exposure to pathogens and communicable diseases; the aggravation of pre-existing conditions; risks identified by Boardworks Climbing through rules and warnings, whether written, oral or otherwise; and other foreseeable or unforeseeable risks. These and other risks are inherent in a visit to a Boardworks Climbing facility or other activity site – that is, they cannot be eliminated without changing the nature of the visit and participation in Boardworks Climbing Activities. Participation in Boardworks Climbing Activities is voluntary and participants may withdraw from participation at any time.

ASSUMPTION OF RISKS: Understanding these risks and dangers, and understanding that other risks will be encountered, I expressly assume all risks associated with Boardworks Climbing Activities, inherent and otherwise, and whether or not described above. If the visitor is a minor, I have explained the activities and risks to him or her, and the minor wishes to participate in the Boardworks Climbing Activities nevertheless.

 

RELEASE OF LIABILITY AND INDEMNITY: I, an adult visitor, or parent or guardian of a visitor who is a minor (for myself and, to the maximum extent allowed by law, on behalf of the minor) agree not to sue, and to release, discharge and indemnify (that is, defend and pay, including costs and attorneys fees) Boardworks Climbing LLC, lessees and owners of the properties on which Boardworks Climbing Activities are conducted, and their respective members, owners, managers, directors and staff (“Released Parties”) with respect to any damages, claims, liability, or causes of action arising out of my or the minor child’s visit to Boardworks Climbing facilities, or other site where Boardworks Climbing Activities take place, the use of its facilities and equipment and participation in Boardworks Climbing Activities. The obligation to indemnify includes any claim, liability, or cause of action by third parties, including other visitors, and a member of my, or the minor visitor's, families, arising out of my, or the minor visitor’s, visit to the gyms or other Boardworks Climbing activity site, the use of its facilities and equipment and participation in Boardworks Climbing Activities. These agreements of release and indemnity include claims of negligence (but not gross negligence or intentionally wrongful conduct) of a Released Party.

 

OTHER:

1. I, or the minor visitor, am capable of participating in Boardworks Climbing Activities and have no mental or physical condition that would cause me or the minor visitor to be a danger to ourselves or others.

2. I understand that I am responsible for assessing the quality of my, and the minor visitor’s, climbing or fitness gear brought to the gym or other activity site and declare that it is in good condition for use. I understand that Boardworks Climbing is not liable for any lost or stolen equipment or personal items brought to Boardworks Climbing facilities or other Boardworks Climbing Activity site.

3. I understand that in order to participate in Boardworks Climbing Activities I, for myself or for the minor visitor of whom I am a parent or legal guardian, must sign this agreement; I, or the minor, must complete whatever instructional and/or certification program Boardworks Climbing requires for the particular activity; and I, or the minor, must read and abide by all of Boardworks Climbing's rules, warnings, and regulations. Boardworks Climbing has no duty to monitor my visit to Boardworks Climbing whether or not I participate in Boardworks Climbing Activities.

4. In the event of an accident, I authorize Boardworks Climbing to stabilize and obtain medical care, including transportation to a medical facility, for me or the minor visitor if, in the opinion of Boardworks Climbing, medical care is needed and I am unable to make such decisions for myself. I agree to pay all costs associated with such actions on the part of Boardworks Climbing, and to indemnify and hold Boardworks Climbing harmless from any consequences resulting from such care.

5. Boardworks Climbing is hereby authorized to take photos and video of me or the minor in connection with participation in Boardworks Climbing Activities and has my permission to use my, or the minor’s, name and likeness, without compensation, for marketing and other promotional purposes.

6. If a party seeks either to enforce its rights under this Agreement or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred.

7. I understand that this Agreement constitutes the entire agreement between Boardworks Climbing and myself regarding the subject matter herein, and supersedes all prior agreements, and shall continue in effect and remain in force in perpetuity from the date it is executed, and covers my, or the minor visitor’s, participation in all Boardworks Climbing Activities including use of any of Boardworks Climbing's facilities, equipment and parking areas.

8. If any provision or part-provision herein is invalid, illegal or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable. Any such modification shall not affect the validity of the remaining provisions of this Agreement.

9. This Agreement shall be construed in accordance with the laws (but not the conflict of law provisions which might invoke the laws of another jurisdiction) of the State of Oregon and for any suit, mediation or other resolution of a dispute arising under this Agreement I, for myself and on behalf of the minor visitor hereby submit to the exclusive jurisdiction of the courts of Oregon. I voluntarily waive any right I or the minor child may have to a jury trial in any action under this Agreement.

 

I HAVE CAREFULLY READ, UNDERSTAND, AND VOLUNTARILY SIGN THIS ACKNOWLEDGMENT AND ASSUMPTION OF RISKS, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT. I intend for it to apply to the fullest extent allowed by law, and to be binding upon members of my, or the minor child’s, family, and our respective, heirs, assigns, and administrators.


Today's Date: May 7, 2024

First Participant's Name

First Name*

Middle Name

Last Name*

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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