Tell Us About Yourself:
Please take a moment to answer the following questions so our team knows how to support you and your experience at Brooklyn Boulders.
1. What's your reason for visiting today?
2. How close do you live or work from BKB?
3. Are you a student? If yes, we'll keep you informed of exclusive offers and events.
4. Can we provide you with more information on our youth and family programming?
5. Pronouns
RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS,
AND BINDING ARBITRATION AGREEMENT
Notice – By signing this Release of Liability, Assumption of Risk, Waiver of Claims, and Binding Arbitration Agreement (the “Agreement”) you may be waiving certain legal rights, including the right to sue or use the court system. Any claim that you may believe arises from your use of Brooklyn Boulders can only submitted to binding arbitration as set forth below.
Definitions
“Agreement” shall mean this Release of Liability, Assumption of Risk and Binding Arbitration Agreement.
“Brooklyn Boulders” shall mean any climbing facility using the Brooklyn Boulders trade name, as well as any entity and/or person associated in any way with the facility, as well as all Brooklyn Boulders personnel and volunteers.
“Facility” shall mean any indoor climbing facility using the Brooklyn Boulders trade name being used by Participant, as well as any offsite locations used.
“Participant” shall mean anyone entering any Facility using the Brooklyn Boulders trade name, including, but not limited to: climbers, anyone participating in any activities offered at the Facility, anyone using any equipment as defined below, as well as anyone, including spectators at the Facility, attending any event, and parents picking up children, and visitors who want to take a look around our space for the first time. The term “Participant” shall include Participant’s parent(s) or legal guardian(s) who signs this Agreement.
“Equipment” shall mean all apparatus available at the Facility, including, but not limited to: weights, weight machines, treadmills, stationary bikes, Slacklines, etc.
“Activities” mean use of any of the Equipment at the Facility, participation in climbing and/or bouldering, any on-site and off-site activities offered by the facility, as well as any attendance at the Facility for any reason.
Please fill out all required fields of this Agreement.
UNDER 18: Minors are REQUIRED to have this Agreements signed and initialed by a parent or legal guardian (preferably the one accompanying them to Brooklyn Boulders). This document can be filled out by your parent or legal guardian online.
All personal information is kept confidential and will not be given away or sold. However, your email address may be used by Brooklyn Boulders to send you information regarding events and activities being offered by Brooklyn Boulders.
PERSONAL INFORMATION
VALIDATION FOR PARENT OR LEGAL GUARDIAN
If the child you are signing this Release of Liability, Assumption of Risk, Waiver of Claims, and Binding Arbitration Agreement (“Agreement”) is under the age of 18, this Validation section must be completed by the child’s parent or legal guardian. If you are not the child’s parent or legal guardian, then you cannot sign this Agreement. To be a legal guardian, you must have been appointed such by a court having appropriate jurisdiction.
Please provide all requested information. Should you have any questions, please do not hesitate contacting a BKB representative.
VALIDATION FOR PARENT OR LEGAL GUARDIAN
If the child you are signing this Release of Liability, Assumption of Risk, Waiver of Claims, and Binding Arbitration Agreement (“Agreement”) is under the age of 18, this Validation section must be completed by the child’s parent or legal guardian. If you are not the child’s parent or legal guardian, then you cannot sign this Agreement. To be a legal guardian, you must have been appointed such by a court having appropriate jurisdiction.
Please provide all requested information. Should you have any questions, please do not hesitate contacting a BKB representative.
VALIDATION FOR PARENT OR LEGAL GUARDIAN
If the child you are signing this Release of Liability, Assumption of Risk, Waiver of Claims, and Binding Arbitration Agreement (“Agreement”) is under the age of 18, this Validation section must be completed by the child’s parent or legal guardian. If you are not the child’s parent or legal guardian, then you cannot sign this Agreement. To be a legal guardian, you must have been appointed such by a court having appropriate jurisdiction.
Please provide all requested information. Should you have any questions, please do not hesitate contacting a BKB representative.
VALIDATION FOR PARENT OR LEGAL GUARDIAN
If the child you are signing this Release of Liability, Assumption of Risk, Waiver of Claims, and Binding Arbitration Agreement (“Agreement”) is under the age of 18, this Validation section must be completed by the child’s parent or legal guardian. If you are not the child’s parent or legal guardian, then you cannot sign this Agreement. To be a legal guardian, you must have been appointed such by a court having appropriate jurisdiction.
Please provide all requested information. Should you have any questions, please do not hesitate contacting a BKB representative.
VALIDATION FOR PARENT OR LEGAL GUARDIAN
If the child you are signing this Release of Liability, Assumption of Risk, Waiver of Claims, and Binding Arbitration Agreement (“Agreement”) is under the age of 18, this Validation section must be completed by the child’s parent or legal guardian. If you are not the child’s parent or legal guardian, then you cannot sign this Agreement. To be a legal guardian, you must have been appointed such by a court having appropriate jurisdiction.
Please provide all requested information. Should you have any questions, please do not hesitate contacting a BKB representative.
VALIDATION FOR PARENT OR LEGAL GUARDIAN
If the child you are signing this Release of Liability, Assumption of Risk, Waiver of Claims, and Binding Arbitration Agreement (“Agreement”) is under the age of 18, this Validation section must be completed by the child’s parent or legal guardian. If you are not the child’s parent or legal guardian, then you cannot sign this Agreement. To be a legal guardian, you must have been appointed such by a court having appropriate jurisdiction.
Please provide all requested information. Should you have any questions, please do not hesitate contacting a BKB representative.
VALIDATION FOR PARENT OR LEGAL GUARDIAN
If the child you are signing this Release of Liability, Assumption of Risk, Waiver of Claims, and Binding Arbitration Agreement (“Agreement”) is under the age of 18, this Validation section must be completed by the child’s parent or legal guardian. If you are not the child’s parent or legal guardian, then you cannot sign this Agreement. To be a legal guardian, you must have been appointed such by a court having appropriate jurisdiction.
Please provide all requested information. Should you have any questions, please do not hesitate contacting a BKB representative.
VALIDATION FOR PARENT OR LEGAL GUARDIAN
If the child you are signing this Release of Liability, Assumption of Risk, Waiver of Claims, and Binding Arbitration Agreement (“Agreement”) is under the age of 18, this Validation section must be completed by the child’s parent or legal guardian. If you are not the child’s parent or legal guardian, then you cannot sign this Agreement. To be a legal guardian, you must have been appointed such by a court having appropriate jurisdiction.
Please provide all requested information. Should you have any questions, please do not hesitate contacting a BKB representative.
VALIDATION FOR PARENT OR LEGAL GUARDIAN
If the child you are signing this Release of Liability, Assumption of Risk, Waiver of Claims, and Binding Arbitration Agreement (“Agreement”) is under the age of 18, this Validation section must be completed by the child’s parent or legal guardian. If you are not the child’s parent or legal guardian, then you cannot sign this Agreement. To be a legal guardian, you must have been appointed such by a court having appropriate jurisdiction.
Please provide all requested information. Should you have any questions, please do not hesitate contacting a BKB representative.
VALIDATION FOR PARENT OR LEGAL GUARDIAN
If the child you are signing this Release of Liability, Assumption of Risk, Waiver of Claims, and Binding Arbitration Agreement (“Agreement”) is under the age of 18, this Validation section must be completed by the child’s parent or legal guardian. If you are not the child’s parent or legal guardian, then you cannot sign this Agreement. To be a legal guardian, you must have been appointed such by a court having appropriate jurisdiction.
Please provide all requested information. Should you have any questions, please do not hesitate contacting a BKB representative.
EMERGENCY CONTACT INFORMATION
Waiver of Claims; Assumption of the Risk, and Release of Liability
In consideration of being allowed to use the Facility and participate in any of the Activities offered by the Facility, Participant, or Participant’s parent or legal guardian if applicable (collectively “Participant"), hereby agrees, to the fullest extent permitted by law, as follows:
1) TO WAIVE ALL CLAIMS that Participant has or may have against Brooklyn Boulders arising out of the Participant’s involvement in any Activities offered or made available by at the Facility;
2) TO ASSUME ALL RISKS of participating in any of the Activities, even those caused by the negligent acts or conduct of Brooklyn Boulders, its owners, members, affiliates, operators, employees, agents, and/or officers. Participant understands that there are inherent risks of injury and death that exist while participating in any of the Activities at the Facility, which may be both foreseen and unforeseen including serious physical injury and death (a list of the inherent risks for all Activities, can be obtained at the front desk upon request); and
3) TO RELEASE Brooklyn Boulders, its members, owners, affiliates, operators, employees, agents, and officers, as well as any parent company, its officers, employees, directors and shareholders, from all liability for any loss, damage, injury, death, or expense that Participant (or his/her next of kin) may suffer, arising out of his/her participation in any of the Activities, including while receiving instruction and/or training. Participant, specifically understands that he/she is releasing any and all claims that arise while using the Facility, even those claims that may arise from any negligent acts or conduct of Brooklyn Boulders, its members, owners, affiliates, operators, employees, agents, and/or officers, as well as any parent company, its officers, employees, directors and shareholders, to the fullest extent permitted by law. However, nothing in this Agreement shall be construed as a release for any claim arising from conduct that is found to constitute willful and/or intentional misconduct.
Participant and/or Parent/Legal Guardian Signature:
Date:
Please sign to acknowledge your acceptance of your Waiver of Claims; Assumption of the Risk, and Release of Liability
Set forth above
COVID-19 and Other Viruses
As you know, BKBs’ various facilities have been closed due to various government orders regarding the COVID-19 (novel coronavirus) pandemic. However, pursuant to governmental order, we are reopening at this time utilizing social distancing, face covering, hand sanitizer and other CDC recommendations to minimize the risk of contracting COVID-19 or another virus.
COVID-19 is a highly communicable virus that can cause, among other conditions, severe respiratory illness, sometimes leading to death, in individuals who contract it.
Protecting your safety while using the Facility is extremely important to BKB. With that priority in mind, Brooklyn Boulders is taking numerous steps to reduce the potential for COVID-19 spread and spread of any other virus’ at the Facility. These steps include implementing enhanced Facility sanitization procedures and comprehensive guidelines to ensure that Facility team members remain in good health and continue to practice recommended preventative measures. BKB would ask that you also use antibacterial cleaning supplies provided to reclean the areas you are using both before and after use in order to maintain the Facility’s good hygiene, exclusive of climbing holds). We would request that you use hand sanitizer or liquid chalk before each climb so as to ensure that the climbing holds remain COVID-19 and virus free.
BKB is also asking you to take certain precautions before and during your time at the Facility:
- First and foremost, if you feel ill, have a fever or cough, are short of breath, or have been in close physical contact within the last 14 days with someone who you know to have been diagnosed with COVID-19, BKB asks that you not enter the Facility.
- Second, you should practice social distancing, remaining at least six feet apart from others while at the Facility. Our climbing routes have been set to assist in accomplishing social distancing.
- Third, you should make frequent use of the hand sanitizing stations located throughout the Facility.
Following these rules scrupulously will help to protect not only your own health and safety but also the health and safety of others using the Facility..
Even with these precautions in place, BKB simply cannot eliminate all risk associated with COVID-19 and other viruses. By choosing to make use of this Facility you are assuming the risk that you may contract COVID-19 at the Facility, or another virus, despite BKB’s best efforts to provide a clean and safe environment, and to waive and release any claim that you believe you might have should you be diagnosed with coronavirus or another virus.
Participant and/or Parent/Legal Guardian Signature:
Date:
Please sign to acknowledge your acceptance of your Waiver of Claims; Assumption of the Risk, and Release of Liability
Set forth above
Personal Responsibility
- Participant certifies that he/she has no physical or mental condition that precludes him/her from participating in any of the Activities and that he/she is not participating against medical advice.
- Participant understands that participation in any of the Activities is voluntary and further understands that they have the opportunity to inspect any portion of the Facility where their Activity will occur. More importantly, Participant understands and acknowledges by signing this Agreement that there are both known and unknown inherent risks when participating in any physical activity at the Facility.
- Participant is obligated to follow the Your Responsibility Code (the “Code”) and any Facility Rules.
- Participant understands that he/she can minimize his/her risk of injury by abiding by the Code and through the use of common sense at all times and that they have personal responsibility for their safety by being aware of their surroundings and staying within their own ability.
- If while participating in any of the Activities, Participant observes any unusual hazard or condition, which they believe jeopardizes Participant’s personal safety or that of others, Participant will stop his/her participation in the Activities and immediately bring the hazard or condition to the attention of any employee of Brooklyn Boulders.
- Participant understands that he/she is responsible to ask one of the Facility’s employees should they need any assistance. Participant is also aware that Brooklyn Boulders offers numerous classes to assist with the activities offered at the Facility.
- Participant understands that if he/she is injured while at the Facility, he/she agrees to report his/her injury before leaving the Facility and to complete an Incident Report Form and return the completed Incident Report Form to the front desk before leaving the Facility.
I HAVE READ AND UNDERSTAND THIS ENTIRE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
Participant and/or Parent/Legal Guardian Name:
Minor Particpant's Names (if applicable):
<CHILDFIRSTNAME> <CHILDLASTNAME>
<CHILDFIRSTNAME> <CHILDLASTNAME>
<CHILDFIRSTNAME> <CHILDLASTNAME>
<CHILDFIRSTNAME> <CHILDLASTNAME>
<CHILDFIRSTNAME> <CHILDLASTNAME>
<CHILDFIRSTNAME> <CHILDLASTNAME>
<CHILDFIRSTNAME> <CHILDLASTNAME>
<CHILDFIRSTNAME> <CHILDLASTNAME>
<CHILDFIRSTNAME> <CHILDLASTNAME>
<CHILDFIRSTNAME> <CHILDLASTNAME>
Participant and/or Parent/Legal Guardian Signature:
Date:
PHOTO & DIGITAL RECORDING RELEASE
I and/or my minor child recognize that our images and/or voice may be captured by Brooklyn Boulders or one of its vendors while producing a digital recording or pictures for use by Brooklyn Boulders on social media or other promotional purposes. So long neither my minor child nor I am the subject of the digital recording or photographs, I hereby grant permission to the rights of my and my minor child’s image, likeness, and sound of our voices without payment or any other consideration. I understand that our image and/or voice may be edited, copied, exhibited, published, or distributed, and waive the right to inspect or approve the finished product. Additionally, I waive any right to royalties or other compensation arising or related to the use of our likeness, image, or voice.
This Photo & Digital Release is unenforceable if our image, likeness, or voices become the main focus of the social media or marketing material produced.
Participant and/or Parent/Legal Guardian Name:
Participant and/or Parent/Legal Guardian Signature:
Date:
YOUR RESPONSIBILITY CODE
Engaging in any physical activity can be both beneficial and rewarding. Use of BKB’s facility can be enjoyed in many ways. However, physical activity, including the activities provided at our facility, carries with it some risk of harm/injury, no matter how prudently and carefully our services are provided. Common sense and personal awareness/responsibility will greatly reduce the risk of harm/injury while engaging in physical activity.
The items listed below constitutes “Your Responsibility Code.” Following Your Responsibility Code, along with exercising common sense and showing courtesy to other people at BKB’s facility, will greatly reduce the risk of personal injury to both yourself and others.
1. KNOW YOUR PHYSICAL LIMITATIONS AND ABILITIES. You are responsible for staying within your ability at all times.
2. USE COMMON SENSE. You are responsible for using common sense at all times. Please ask for assistance if you are unsure how to do an activity.
3. CHECK EQUIPMENT. You are responsible for checking all equipment you may choose to use while at BKB’s facility. Should you observe any hazardous conditions, please immediately report the condition to a BKB staff member.
4. REMOVE OBJECTS THAT COULD FALL. Before climbing, please remove your cell phone and any other objects that could fall out of your pockets and injury a person who may be below you.
5. BE CAREFUL AND OBSERVE YOUR SUROUNDINGS. When climbing/bouldering, please be aware of the area and fall zones where you are climbing, other climbers and know who has the right of way. When not actively climbing, please do not stand in an area that could bring you in contact with another climber.
6. BE COURTEOUS TO OTHERS. Respect earns respect. Treat all other people at BKB’s facility the way you would expect to be treated. No foul language, arguing or fighting.
7. INJURIES. Report all injuries to a BKB staff member.
It is your responsibility to follow YOUR RESPONSIBILITY CODE. Be safety conscious at all times. BKB personnel are not guarantors of your safety. You are in the best position to reduce your risk of injury. YOU ARE RESPONSIBLE FOR YOUR OWN PERSONAL SAFETY – PLEASE USE COMMON SENSE AND BE AWARE OF YOUR SURROUNDINGS.
FAILURE TO USE GOOD JUDGMENT, EXERCISE PERSONAL RESPONSIBILITY AND FOLLOW YOUR RESPONSIBILITY CODE, MAY RESULT IN INJURY AND WILL RESULT IN YOUR LOSS OF FACILITY PRIVILEGES.
I HAVE READ AND UNDERSTAND THIS ENTIRE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
Participant and/or Parent/Legal Guardian Name:
Minor Participant's Name(s) (if applicable):
<CHILDFIRSTNAME> <CHILDLASTNAME>
<CHILDFIRSTNAME> <CHILDLASTNAME>
<CHILDFIRSTNAME> <CHILDLASTNAME>
<CHILDFIRSTNAME> <CHILDLASTNAME>
<CHILDFIRSTNAME> <CHILDLASTNAME>
<CHILDFIRSTNAME> <CHILDLASTNAME>
<CHILDFIRSTNAME> <CHILDLASTNAME>
<CHILDFIRSTNAME> <CHILDLASTNAME>
<CHILDFIRSTNAME> <CHILDLASTNAME>
<CHILDFIRSTNAME> <CHILDLASTNAME>
Participant and/or Parent/Legal Guardian Signature:
Date:
PLEASE READ CAREFULLY
MEDIATION AND BINDING ARBITRATION
AGREEMENT
Definitions
“Participant” shall mean anyone entering any Facility using the Brooklyn Boulders trade name, including, but not limited to: climbers, anyone participating in any activities offered at the Facility,
anyone using any equipment as defined below, as well as spectators at the Facility, anyone attending any event, parents picking up children, and visitors who want to take a look around our space. The term “Participant” shall include Participant’s parent(s) or legal guardian(s) who signs this Agreement.
“Equipment” shall mean all apparatus available at the Facility, including, but not limited to: walls, holds, ropes, harnesses, shoes, carabiners, Gris Gris, weights, weight machines, treadmills, stationary bikes, Slacklines, etc.
“Facility” shall mean any indoor climbing facility using the Brooklyn Boulders trade name being used by Participant, as well as any offsite locations used.
Agreement
A. Mediation
1) Before filing any demand for arbitration, Participant shall first submit any dispute, claim, or controversy, relating to and/or arising from Participant's involvement in any activity, and/or any other
interaction between the Participant and the Facility and/or Brooklyn Boulders to mediation before JAMS in New York, New York, Boston, Massachusetts or Chicago, Illinois. Each party shall share the costs of the mediator.
B. Arbitration
1) In the event that Participant’s claim is not resolved through mediation, Participant hereby agrees to submit to binding arbitration any dispute, claim, or controversy, relating to and/or arising from Participant's involvement in any activity, and/or any other interaction between the Participant and the Facility and/or Brooklyn Boulders.
2) The submission to arbitration shall be unlimited and shall include the determination of the scope or applicability of this Agreement, as well as the enforceability of the Release of Liability, Assumption of Risk and Waiver of Liability Agreement.
3) Any disputes, including interpretation of this Agreement, shall be resolved by a single arbitrator.
4) In the event that parties are not able to agree on an arbitrator, the arbitrator shall be appointed by the State court in the county where the facility is located or the appropriate United States District Court where jurisdiction would be appropriate, from a list of available JAMS arbitrators at the JAMS location closest to the Facility from which the claim arises.
5) Each party shall split the costs associated with the arbitrator and JAMS.
6) The arbitration proceeding shall be held at the most convenient location identified in paragraph 1 above, or such other location mutually agreed to by the parties in writing.
7) The arbitrator shall establish a reasonable and appropriate discovery schedule to expeditiously resolve all matters. As a threshold matter, the arbitrator shall confirm whether the Waiver and Release Agreement signed by the Participant or his/her parent or legal guardian is enforceable under applicable law.
8) Judgment on the Award may be entered in any court having jurisdiction over the parties.
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.
Participant and/or Parent/Legal Guardian Name:
Minor Particpant's Names (if applicable):
<CHILDFIRSTNAME> <CHILDLASTNAME>
<CHILDFIRSTNAME> <CHILDLASTNAME>
<CHILDFIRSTNAME> <CHILDLASTNAME>
<CHILDFIRSTNAME> <CHILDLASTNAME>
<CHILDFIRSTNAME> <CHILDLASTNAME>
<CHILDFIRSTNAME> <CHILDLASTNAME>
<CHILDFIRSTNAME> <CHILDLASTNAME>
<CHILDFIRSTNAME> <CHILDLASTNAME>
<CHILDFIRSTNAME> <CHILDLASTNAME>
<CHILDFIRSTNAME> <CHILDLASTNAME>
Participant and/or Parent/Legal Guardian Signature Below: