PLEASE READ CAREFULLY BEFORE SIGNING, THIS IS A RELEASE OF LIABILITY AND A WAIVER OF CERTAIN LEGAL RIGHTS
In consideration of the use of the Climb San Juan LLC's facilities, I, the Participant, or if the Participant identified above is under 18 years of age, the Parent or Legal Guardian of the Participant, agree to and understand the following. In the case of a Parent or Legal Guardian signing on behalf of a minor, the terms “Participant,” “I,” and “me” shall include both the individual identified above, and the Parent or Legal Guardian.
I agree to use my best efforts to have fun and be as safe as possible while at Climb San Juan LLC.
I WILL READ THIS ENTIRE WAIVER, AND IF I AM UNSURE OR UNCLEAR AS TO ANY PART OF THE WAIVER, I WILL NOT SIGN THE WAIVER, AND THAT I HAVE THE OPPORTUNITY TO HAVE IT REVIEWED AND/OR EXPLAINED TO ME BY AN ATTORNEY OF MY CHOOSING PRIOR TO SIGNING IT.
BY SIGNING THIS WAIVER, I AM EXPRESSLY WAIVING AND GIVING UP ANY CLAIMS FOR DAMAGES, FOR PAYMENT OF MEDICAL BILLS, OR FOR OTHER COMPENSATION AGAINST AND FROM CLIMB SAN JUAN LLC OR ITS EMPLOYEES ARISING FROM ANY INJURIES I SUS- TAIN WHILE USING CLIMB SAN JUAN LLC’S FACILITIES, INCLUDING INJURIES THAT MAY BE CAUSED BY THE NEGLIGENCE OF CLIMB SAN JUAN LLC OR ITS EMPLOYEES; IN ORDER TO USE CLIMB SAN JUAN LLC’S FACILITIES, I AM ASSUMING ALL RISKS IN CONNECTION WITH SUCH USE, KNOWN AND UNKNOWN, OF INJURY AND/OR DEATH.
Climb San Juan LLC is primarily an indoor climbing gym and aerial silk studio, but it is within a building with other facilities and equipment for fitness training and recreation.
THE TERM “CLIMBING” and/or "AERIALS” USED BELOW REFERS TO ALL ACTIVITIES AT
CLIMB SAN JUAN LLC’S FACILITIES, including but not limited to roped and un-roped climbing, aerial silks, group activities, team activities, games, use of any exercise equipment, use of weights, and slacklining.
CLIMBING AND AERIAL SILKS ARE INHERENTLY DANGEROUS SPORTS THAT INVOLVES RISKS, BOTH KNOWN AND UNKNOWN, THAT CAN RESULT IN MINOR INJURIES, SEVERE AND CATASTROPHIC INJURIES, PARALYSIS, AND DEATH (COLLECTIVELY “INJURIES”). Events that can cause these injuries include, but are not limited to, my negligence, negligence of others, my failure to follow Climb San Juan LLC rules, falling from the walls, inattentive or improper belay, another climber falling on me, me falling on another climber, helmets catching on equipment on the walls, improperly tied knots, knots failing, harnesses worn or adjusted improperly, equipment such as harnesses, belay devices, ropes, rope anchors, quick draws, carabiners, holds, volumes, treadmills, use of aerial silks, and other exercise equipment failing.
I agree to release and forever discharge Climb San Juan LLC and its members, employees, agents, independent contractors, volunteers, representatives, sponsors, equipment manufacturers and suppliers (the “Released Parties”) from any and all claims, actions, liabilities, damages, suits, and expenses, including attorney's fees and costs (collectively “Claims”) in connection with any injuries I may sustain while using Climb San Juan LLC’s facilities, even if those injuries are caused in whole or in part by the negligence (but not gross negligence or reckless con- duct) of the Released Parties. I agree that this waiver is binding on my heirs, successors, assigns, next of kin, spouse, children, parents, and Estate.
I freely and voluntarily agree personally to assume the risk for any injuries I may sustain while using Climb San Juan LLC’s facilities. I agree that my assumption of the risk is binding on my heirs, successors, assigns, representatives, executors, next of kin, spouse, children, parents, and Estate. My assumption of the risk of injury is for all risks, whether known, unknown, unanticipated, or unforeseeable.
I agree to indemnify, reimburse, and hold harmless the Released Parties for Claims against the Released Parties, which includes all expenses and the attorneys' fees incurred by the Released Parties defending the Claims, in connection with or arising out of the use of Climb San Juan LLC’s facilities, brought by me or on my behalf, brought by a family member or minor accompanying me, or brought by someone I am climbing with arising out of an in- jury caused in whole or in part by my negligence.
I agree to immediately report any injuries to Climb San Juan LLC staff that I or anyone I am climbing with sustain while using Climb San Juan LLC’s facilities.
I agree and represent that I have insurance to cover and pay for the treatment of any injuries I may sustain while using Climb San Juan LLC’s facilities, and if I do not have such insurance, I agree to pay and be solely responsible for the costs of medical treatment of any such injuries myself.
I AGREE THAT BEFORE CLIMBING OR AERIAL SILKS, I WILL READ AND UNDERSTAND ALL
CLIMB SAN JUAN LLC’S RULES, AND I AGREE TO FOLLOW ALL RULES. It is absolutely forbidden for anyone who has consumed any drugs or alcohol to enter the climbing area or use any of Climb San Juan LLC ‘s equipment. I agree that if I have consumed any drugs or alcohol, on or off Climb San Juan LLC’s premises, I will not enter the climbing area or use any of Climb San Juan LLC’s equipment.
This Waiver is governed by the laws of the State of Washington. If I initiate any legal action against any of the Released Parties, I agree that it will be filed in San Juan County Superior Court.
If any part of this Waiver is found to conflict with Washington law and unenforceable, it shall not affect the enforceability of the remainder of the Waiver.
I AM AT LEAST 18 YEARS OF AGE. I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS.
