Duluth Climbing & Fitness Co-op Waiver

Bouldering Liability Waiver and Release

This document affects your legal rights: please read carefully before signing.
Facility Rules and Regulations

Please pay special attention to this section:
- Leave all street shoes near the entrance. Street shoes are not allowed on the mats or past the rugs.
- No pets in the facility
- Please do not go behind the wall unless conducting maintenance activities.
- Cubbies are for your personal items (including shoes). Please remove all personal items if exiting the facility. Cubbies are not to be climbed on or used for human weight bearing activities. DCFC is not liable for lost or stolen items within or outside the facility.
- DO NOT grab any sprinkler, plumbing, or electrical equipment. Those items are not load bearing, and if weighted, can result in significant personal injury and facility damage.
- Do not use or disconnect any electrical systems or breakers.
- Do not tamper with, unlock, modify, or adjust doors or any locking mechanisms.
- As a community we will be facilitating the cleanliness of the space and prevention is key. Please clean up after yourself, as all facility cleaning is on a volunteer basis.
- BACK DOOR WARNING! Restrooms and emergency exit are through the back door - it will lock behind you! YOU WILL BE LOCKED OUT if you don’t prop open the door when using the restroom.
- Do not unlock the back door. The bar next door has access to the rear bathrooms. Unlocking the back door can result in unauthorized access and potential facility damage
- Please ensure the front door is securely locked when leaving the climbing space. If the door does not lock, please contact one of the board members so that the space can be secured.
- Please do not prop open the front door. The street receives a lot of foot traffic. Propping open the door can result in unauthorized facility access, personal safety issues, and potential facility damage.
- No Food or Liquids on the climbing pads.
- Unpaid guests and nonmembers are not allowed inside the facility unless accompanied by a board member. Please refer to the Guest Pass policy for paid guest details. Allowing access to unpaid guests or nonmembers will be considered a breach of your membership contract. Penalties for violation of this rule can include suspension of access for a period of time or revocation of access with no refund of access pass fees.
- Notice of security system - DCFC currently has cameras installed to cover the full gym space, and the landlord has cameras covering the shared space in back. They will be recording during your climbing visits as a security measure. Absolutely no tampering with security cameras.
- Please be Chalk Conscious, as dust can negatively affect facility cleanliness and indoor air quality. If chalk eaters are present, it is encouraged to chalk up in front of them. DCFC encourages minimization of any activities that introduce chalk to the air. Using a base of liquid chalk is highly encouraged.
- Concessions: DCFC may have a small chalk and snack supply available for purchase - payment will be on the honor system. Missing product may be investigated per our security system. Chalk and snacks are offered close to or at cost as a benefit to our members, which means there will be little to no “sales margin” to fall back on for loss.
- Members may be held financially or otherwise liable for damages that result from violation of any of these rules. Additional penalties may include suspension or revocation of access passes without refund of fees as determined to be appropriate by the board.
- Climbing is an inherently dangerous activity. Do not walk under climbers. It is expected that pass holders know how to safely fall. DCFC is not responsible or liable for injuries or damages that result from use of the facility. The facility is not manned with employees. Members are entirely responsible for their own safety.
Signature of Customer*
By checking this box I agree that I have read all of the rules and regulations and agree to adhere to the rules listed above.*

I Agree

Waiver

Please Note: The adult over the age of 18 years who is agreeing to this waiver is agreeing for themselves AND any minors for whom they are responsible.

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 Duluth Climbing and Fitness Cooperative (the "Climbing Wall“). I CERTIFY that all information and this form is true and correct.

2. I wish to participate voluntarily in the sport of rock climbing, the use of the Climbing Wall, and other services provided by Duluth Climbing and Fitness Cooperative (the "Activities”). I ACKNOWLEDGE AND AGREE that there are known, and unknown hazards involved in participating in the Activities. I UNDERSTAND that these hazards may include, but are not limited to: (i) all manner of injury resulting from falling off the Climbing Wall and striking rock faces, projections, or other objects, whether permanently or temporarily in place, or the floor; (ii) rope abrasion, entanglement and other injuries resulting from activities on or near the Climbing Wall, including without limitation, climbing, belaying, rappelling, lowering an the rope, rescue systems, and other rope techniques; (iii) all manner of injuries resulting from other climbers or objects coming into contact with my person, including without limitation, ropes, parts of the Climbing Wall structure, or climbing equipment; (iv) lacerations and abrasions resulting from skin contact with the Climbing Wall; and (v) all manner of injuries resulting from failure of ropes, slings, harnesses, climbing hardware, anchor paints, or any part of the Climbing Wall structure. I ACKNOWLEDGE that by choosing to participate in the Activities, I expressly and knowingly ASSUME the risks of the hazards described herein, and any other known or unknown hazards involved in participating in the Activities. I ASSUME any and all risk of personal injury, death, property damage, or other injuries or damages, arising out of or in connection with the Activities.

3. I hereby forever WAIVE AND RELEASE any claims, actions, or causes of action for any personal injury, death or property damage, or other injuries 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 Duluth Climbing and Fitness 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 Duluth Climbing and Fitness 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 Duluth Climbing and Fitness 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 Duluth Climbing and Fitness 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 Duluth Climbing and Fitness 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 Duluth Climbing and Fitness Cooperative and that I have signed of my own free will. In signing this waiver and release, I acknowledge and represent that no oraI 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.
I HAVE FULLY INFORMED MYSELF AND ANY MINORS FOR WHOM I AM RESPONSIBLE OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE SIGNING IT. NO ORAL REPRESENTATIONS, STATEMENTS OR OTHER INDUCEMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN IT OF MY OWN FREE WILL.
By checking this box I agree to have read and agree to the legal agreement above.*

I Agree
Printed Name of Customer*

First NameLast Name
Please upload a photo of yourself below. This will be used for identification purposes only.
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Is there at least one minor participating? (under the age of 18)*

YesNo
If the customer is responsible for any minor(s), signature of parent or responsible adult is required below:

In consideration of the minor children being permitted to or participate in the Activity, I accept and agree to the full contents of this agreement. I certify that I have the authority to sign on behalf of the minor child and to make decisions for the minor children regarding this Activity.
I also agree to RELEASE, HOLD HARMLESS, INDEMNIFY AND DEFEND the Released Parties (defined in Section 5) from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to the minor children during the Activity, in the facilities provided by Duluth Climbing and Fitness Cooperative or in any way related to the Activity. This includes any claim of the minor(s) and any claim arising from the negligence of the Released Parties. I understand that nothing in this agreement is intended to release claims for any liabilities that Minnesota law does not permit to be excluded by agreement.
Parent/Responsible Adult Signature*
Printed Name of Parent/Responsible Adult*

First NameLast Name
Relationship*
Name(s) of the Minor Participant(s)*

Customer's Name*

First NameLast Name
Contact Phone Number*

Area CodePhone Number
Email*
example@example.com
Address*

Street Address

Street Address Line 2

CityState / Province

Postal / Zip Code
Emergency Contact Name*

First NameLast Name
Emergency Contact Phone Number*

Area CodePhone Number
Should be Empty:

Bouldering Liability Waiver and Release