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Waiver - DC Bouldering Project
Eckington

Updated on 2024-03-05

D.C. Bouldering Project, LLC
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, COVENANT NOT TO SUE AND HOLD HARMLESS AGREEMENT

What you are about to read and are requested to sign is a waiver and release of liability. Upon signing it, you will give up your right to sue D.C. Bouldering Project, LLC (“BP”) or anyone associated with BP for injuries or losses you suffer while using BP facilities or while participating in activities at BP facilities, including but not limited to facilities at 1611 Eckington Place NE #150 in Washington D.C.

Please take your time and read this agreement very carefully. When you are certain that you understand the importance of each paragraph, sign your initials in the space provided. Sign the document only after you have read and understand everything. If you have any questions about the agreement, consult your attorney. Thank you for your attention to this matter.

YOU WILL NOT BE ALLOWED TO PARTICIPATE IN ANY ACTIVITIES WITH BP OR AT BP FACILITIES WITHOUT THE SIGNED WAIVER.

I UNDERSTAND THAT SIGNING THIS DOCUMENT WILL PREVENT ME, MY HEIRS, EXECUTORS, DEPENDENTS, BENEFICIARIES AND ASSIGNS FROM SUING BP, ITS OWNERS, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS OR GUESTS FOR ANY INJURIES, INCLUDING DEATH AND PARALYSIS, OR DAMAGES THAT I MIGHT RECEIVE WHILE PARTICIPATING IN ANY ACTIVITIES WITH BP OR AT BP FACILITIES.


1. RISKS
I understand that there is a significant risk of serious physical injury, death and other damages inherent in indoor and outdoor climbing, bouldering and physical fitness training activities and in my use of BP facilities and instruction relating to these activities. These risks and hazards can include, but are not limited to, 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, 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; landing on a pad and nonetheless suffering an injury; 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, safety, and training or exercise equipment; injury resulting from lack of spotting, inadequate spotting, belaying or other spotting or belaying-related injury; injuries related to fitness training classes including without limitation yoga classes; risks associated with walking on streets and sidewalks to access BP facilities; strained or sprained muscles, joints and connective tissue; broken bones; personal injury including paralysis, death, illness, property damage, and other losses. I further understand that some BP facilities may be available 24 hours a day, and that some of those operating times may be without staff supervision or observation of BP facilities and that I may encounter additional risks during that time. Injury or death can arise from errors in judgment, from lack of training or information, from the negligence of me, employees or agents of BP 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 BP facilities and any instruction or knowledge I obtain at those facilities IS NOT sufficient to prepare me for the dangers and risks of indoor and outdoor climbing.


2. I ASSUME ALL RISKS.
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 INCLUDING BUT NOT LIMITED TO THOSE ENUMERATED IN THIS DOCUMENT, WHETHER KNOWN OR UNKNOWN, OF INJURY, ILLNESS, DEATH OR DAMAGE OF WHATEVER KIND ARISING OUT OF MY USE OF BP FACILITIES OR EQUIPMENT OR MY PARTICIPATION IN ANY ACTIVITY AT BP FACILITIES OR SPONSORED BY BP.


3. WAIVE AND RELEASE ALL CLAIMS.
I recognize that BP could not offer this activity without obtaining a release of liability. In consideration of, and part payment for the right to use BP’s facilities or participate in BP activities, I RELEASE BP AND ANYONE ASSOCIATED WITH BP, INCLUDING WITHOUT LIMITATION ITS OWNERS, OFFICERS, DIRECTORS, STAFF, INSTRUCTORS, MEMBERS, AGENTS, GUESTS AND THIRD PARTIES, FROM ALL LIABILITY, AND KNOWINGLY, INTENTIONALLY AND VOLUNTARILY WAIVE ALL CLAIMS, DEMANDS OR CAUSES OF ACTION OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY CLAIMS OF NEGLIGENCE (BUT EXCLUDING CLAIMS FOR GROSS NEGLIGENCE OR FRAUD), WHICH MAY ARISE AS A RESULT OF MY (OR THE MINOR’S) USE OF BP FACILITIES OR EQUIPMENT OR PARTICIPATION IN A BP-SPONSORED ACTIVITY.


4. I WILL INDEMNIFY BP.
In consideration of, and in part payment for the right to use BP’s facilities or participate in BP activities, I agree to defend, protect, INDEMNIFY, and hold harmless BP, its owners, officers, directors, members, instructors, employees, agents and guests from and against any and all claims, suits, actions at law or in equity, for damages or other relief and against any liability of any nature, together with attorneys' fees and costs incurred, that may arise out of my use of BP property or facilities or participation in BP activities, INCLUDING BUT NOT LIMITED TO INJURIES ARISING FROM MY VIOLATION OF BP RULES. I agree to pay the reasonable attorneys' fees and all other costs of all parties if I bring a suit for injuries suffered at BP and that action is unsuccessful, in whole or in part. Additionally, in consideration of, and part payment for my right to participate in a BP-sponsored activity, I EXPRESSLY AGREE NOT TO SUE BP, ITS OWNERS, OFFICERS, DIRECTORS, MEMBERS, INSTRUCTORS, EMPLOYEES, AGENTS AND GUESTS AND HEREBY WAIVE ALL CLAIMS AND LIABILITIES AGAINST BP AND THOSE PARTIES INCLUDING, WITHOUT LIMITATION, CLAIMS FOR NEGLIGENCE ARISING FROM MY (OR THE MINOR’S) PARTICIPATION IN CLIMBING ACTIVITIES OR USE OF BP FACILITIES OR EQUIPMENT.


5. I AGREE TO ABIDE BY ALL BP RULES.
I agree to abide by all BP rules contained in written form as well as verbal directions that may be given by BP staff or employees. I MAY NOT USE BP FACILITIES IF I AM UNDER THE INFLUENCE OF ALCOHOL OR OTHER DRUGS.


6. I am physically qualified to participate.
I certify that I have no physical limitations or medical conditions that would impair my ability to fully and safely use BP facilities. I agree to inform BP of any conditions that may have any effect on my ability to fully and safely use BP facilities, so that a determination can be made as to the proper course of action.


7. OTHER PROVISIONS.
This agreement constitutes the complete and sole agreement between you and BP, its owners, officers, directors, instructors, employees, agents, members and guests and all others associated with BP. Excepting the Rules Acknowledgment, evidence of any other agreements, whether oral or in writing, are void and inadmissible and unenforceable in a court of law, arbitration or other dispute resolution proceeding.  

INDIVIDUAL OFFICERS, DIRECTORS, BP MEMBERS, INSTRUCTORS, EMPLOYEES AND AGENTS HAVE NO AUTHORITY OR POWER TO ALTER THE TERMS OF THIS AGREEMENT, EITHER ORALLY OR IN WRITING. This agreement covers my use of BP facilities as well as my participation in all BP activities and all associated events.

THE LAWS OF THE DISTRICT OF COLUMBIA SHALL GOVERN THIS AGREEMENT. VENUE FOR ANY ACTION SHALL BE WASHINGTON, D.C.


ARBITRATION AGREEMENT AND WAIVER OF RIGHT TO JURY TRIAL
I VOLUNTARILY WAIVE ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN ANY ACTION INVOLVING BP AND ANYONE ASSOCIATED WITH BP, INCLUDING WITHOUT LIMITATION ITS OWNERS, OFFICERS, DIRECTORS, STAFF, INSTRUCTORS, MEMBERS, AGENTS, GUESTS AND THIRD PARTIES, WHERE THE ACTION IS IN ANY WAY RELATED TO OR ARISING FROM MY USE OF BP FACILITIES OR EQUIPMENT OR PARTICIPATION IN BP ACTIVITIES.


Mediation and Arbitration
A. Mediation

The parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement shall be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration as set forth below.

B. Arbitration

Any dispute, claim or controversy arising from my involvement in any activity with or use of BP facilities, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Washington, D.C. before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on any Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

I HAVE READ AND UNDERSTAND THIS ENTIRE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM AGREEING TO USE THE JAMS MEDIATION AND ARBITRATION PROCESS SET FORTH IN THIS AGREEMENT.


8. PHOTO RELEASE AND PERMISSION TO USE MY LIKENESS
I agree that BP and its affiliates and agents may take photographs and videos (including audio recordings) of me (“Images”) while using BP facilities. I grant BP and its affiliates and agents permission and license to use the Images in perpetuity in any medium or format on any platform and for any purpose. I hereby irrevocably authorize BP and its affiliates and agents to edit, alter, copy, exhibit, publish, or distribute these Images for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness, or the likeness of any child for which I am responsible, appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the Images. 


9. Severability.
If any provision of this agreement or its application to any person or circumstance is held invalid or void, the remainder of the agreement or its application to other persons or circumstances is not affected.


I AM FULLY AWARE OF THE CONTENTS OF THIS AGREEMENT AND RELEASE AND HAVE READ AND UNDERSTAND ALL OF THE TERMS. THE TERMS OF THIS AGREEMENT BIND ME, MY FAMILY (INCLUDING BUT NOT LIMITED TO SPOUSES AND DOMESTIC PARTNERS), HEIRS, EXECUTORS, ADMINISTRATORS, DEPENDENTS, BENEFICIARIES, SUCCESSORS AND ASSIGNS. I recognize that if I have any questions regarding my waiver of rights, I should consult an attorney.


TO BE SIGNED IF THE PARTICIPANT IS A MINOR
I represent that I am the parent or legal guardian of the above participant, who is a minor, and hereby consent to their use of BP’s facility and/or participation in BP’s activities. In consideration of BP allowing the above-named minor to use BP property or facilities or participate in BP activities, I agree to be bound by the terms and conditions of this Release. On behalf of myself and my spouse or domestic partner, I hereby KNOWINGLY, INTENTIONALLY AND VOLUNTARILY WAIVE AND RELEASE BP, its officers, directors, instructors, employees, agents, members and guests and all others associated with BP from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damage and liabilities, of every kind and nature, whether known or unknown, in law or equity, that I or others may have, arising from or in any way related to such minor’s use of BP property or facilities or participation in BP activities. I further agree that I have full and sole responsibility for the safety and wellbeing of the above-named minor while they are using BP facilities or participating in BP-related events. 

I further agree to indemnify, hold harmless and defend BP, its officers, directors, instructors, employees, agents, members and guests and all others associated with BP from and against any suit, loss, damage, liability, expense, costs, and/or attorneys’ fees, including those brought by or on behalf of, or otherwise caused by the above-named participant.

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