THE BOULDER YARD POLICIES
FACILITY RULES
- All participants and observers must check in at the front desk before proceeding to any climbing, or fitness areas.
- All participants and observers must complete and turn in a Participant Agreement waiver prior to climbing or participating in any fitness activity. All minors (18 years of age and under) must have a Participant Agreement waiver signed by their parent or court appointed guardian. (Notes, phone calls, etc are not acceptable).
- Youth under the age of 13 must be supervised by a responsible adult (18 years or older), or by a TBY staff member at all times.
- All participants and observers must immediately report loose holds and anything else they believe to be unsafe to a TBY Employee.
- The Boulder Yard is not responsible for lost or stolen items.
- No one under 18 years of age is permitted on the upper level of the facility without a responsible adult.
- No one under 13 years of age is permitted in the fitness areas without a responsible adult.
- No one is permitted to climb until they attend a mandatory TBY Safety Class unless the member shows valid experience in climbing.
- All participants and observers must act reasonably and responsibly at all times, this includes, but is not limited to the following:
- Observers and Participants not actively climbing must stay off padded floors.
- Participants and Observers not wearing a helmet do so at their own risk.
- Only TBY employees are permitted to teach safety skills/techniques, hand/footholds, climbing routes and fitness machines.
- No bouldering or standing under another climber (unless you are spotting).
- Do not climb on a route that intersects another climber.
- No food or liquids (except water) permitted on green padded floors.
- Remove all loose items before you climb.
ASSUMPTION OF RISK AND LIABILITY
Bouldering is Dangerous I will fall and get hurt, I will not sue The Boulder Yard, affiliates, or any of its associates when this happens Because physical exercise can be strenuous and subject to risk of serious injury, we urge you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You agree that by participating in physical exercise, training activities, and equipment you do so entirely at your own risk. Any recommendation for changes in diet including the use of food supplements, weight reduction and/or body building enhancement products are entirely your responsibility and you should consult a physician prior to undergoing any dietary or food supplement changes. You agree that you are voluntarily participating in these activities and use of these facilities and premises and assume all risks of injury, illness, or death. We are also not responsible for any loss of your personal property. You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. You expressly agree to release and discharge The Boulder Yard LLC, the trainer, or instructor from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the trainer or instructor for personal injury or property damage. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence. If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from. By signing this release, I acknowledge that I understand its content and that this release cannot be modified orally or written. I will follow the rules of the facility and all safety procedures. I will not touch the top, sides, or back of the climbing wall or any of its structure. I hereby grant The Boulder Yard permission to use my photographs video or other digital media in any and all of its publications, including web-based publications without payment or other consideration.
CANCELLATION POLICY
Membership Cancellation Medical Conditions:
This Agreement may be terminated for certain medical conditions evidence by a letter from a medical doctor stating that a Member is not physically fit to participate in climbing activities for 90 days or more. This Agreement and any remaining membership fees that are due will be terminated not later than 30 days after the date these documents are received by TBY.
Membership Freeze:
My Membership may be frozen in one-month increments for a maximum of two months, in any 12-month period. Notice of such a Membership Freeze shall be sent by email to TBY at [email protected] with the words “Membership Freeze” in the subject line, 30 days before the date that such Membership Freeze will begin.
Additional Services Cancellation Fee:
A Member must provide at least 24 hours advance notice to TBY by email with the words “CANCELLATION” in the subject line, contact the front desk or contact the staff that your appointment is scheduled with to cancel any Additional Service. If a Member fails to provide this notice the member will be charged the regular fee for the Additional Service using the Billing Information provided above.
This Agreement may be terminated for certain medical conditions evidence by a letter from a medical doctor stating that a Member is not physically fit to participate in climbing activities for 90 days or more. This Agreement and any remaining membership fees that are due will be terminated not later than 30 days after the date these documents are received by TBY.
Membership Freeze:
My Membership may be frozen in one-month increments for a maximum of two months, in any 12-month period. Notice of such a Membership Freeze shall be sent by email to TBY at [email protected] with the words “Membership Freeze” in the subject line, 30 days before the date that such Membership Freeze will begin.
Additional Services Cancellation Fee:
A Member must provide at least 24 hours advance notice to TBY by email with the words “CANCELLATION” in the subject line, contact the front desk or contact the staff that your appointment is scheduled with to cancel any Additional Service. If a Member fails to provide this notice the member will be charged the regular fee for the Additional Service using the Billing Information provided above.
PURCHASE POLICY
Payment Authorization:
I (member) authorize The Boulder Yard to effect payment in accordance with this Agreement. I understand that Automatic Withdrawals and my Payment Authorization will continue automatically for the Membership Term and continue on a month to month basis beyond my Membership Term, or until such earlier date on which I will inform The Boulder Yard notice of my intent to cancel.
Electronic Transfer Fees:
I understand that it may take up to thirty (30) days to process the termination of this Payment Authorization. Therefore, I agree to pay the electronic transfer return fee established by The Boulder Yard for any payment that is not honored by my bank or credit card company.
Refunds:
Payments are refundable and certain services may be transferred depending on certain implications. Merchandise is refundable only for defective products. Competitions: Payments are non-refundable.
Payment & Rescheduling Policy:
To reschedule a class, visit, call The Boulder Yard or email [email protected]
I (member) authorize The Boulder Yard to effect payment in accordance with this Agreement. I understand that Automatic Withdrawals and my Payment Authorization will continue automatically for the Membership Term and continue on a month to month basis beyond my Membership Term, or until such earlier date on which I will inform The Boulder Yard notice of my intent to cancel.
Electronic Transfer Fees:
I understand that it may take up to thirty (30) days to process the termination of this Payment Authorization. Therefore, I agree to pay the electronic transfer return fee established by The Boulder Yard for any payment that is not honored by my bank or credit card company.
Refunds:
Payments are refundable and certain services may be transferred depending on certain implications. Merchandise is refundable only for defective products. Competitions: Payments are non-refundable.
Payment & Rescheduling Policy:
To reschedule a class, visit, call The Boulder Yard or email [email protected]
TERMS AND CONDITIONS
Individual Membership:
I(member) will not allow any person except the Member(s) listed on this Membership Agreement (Agreement) to utilize my TBY Membership.
Family Membership:
Only my immediate family members are eligible for the Family Membership.
Identification:
Each Member will provide The Boulder Yard with a copy of a valid driver’s license or state Identification Card before taking part in activities at The Boulder Yard.
Additional Services:
In addition to the facility, programs and services provided as part of the Membership Agreement, TBY also provides, for additional fees not included in this agreement, private training, group training, yoga classes, stretch therapy, beverage and snack vending, climbing training. TBY performs these services according to its own methods and within the scope of the member’s authorization and cooperation. It is understood that TBY does not guarantee success or desired results from any Additional Services. If a Member desires to use any Additional Services, they will pay compensation to TBY for the above Additional Services for the amount advertised and agreed upon by the current TBY Description/Rate form. This compensation shall be payable as a lump sum, in advance, or in installments as part of a payment plan in accordance with the above Billing Information that I have provided. Payments are refundable and may be transferred depending on certain implications.
I(member) will not allow any person except the Member(s) listed on this Membership Agreement (Agreement) to utilize my TBY Membership.
Family Membership:
Only my immediate family members are eligible for the Family Membership.
Identification:
Each Member will provide The Boulder Yard with a copy of a valid driver’s license or state Identification Card before taking part in activities at The Boulder Yard.
Additional Services:
In addition to the facility, programs and services provided as part of the Membership Agreement, TBY also provides, for additional fees not included in this agreement, private training, group training, yoga classes, stretch therapy, beverage and snack vending, climbing training. TBY performs these services according to its own methods and within the scope of the member’s authorization and cooperation. It is understood that TBY does not guarantee success or desired results from any Additional Services. If a Member desires to use any Additional Services, they will pay compensation to TBY for the above Additional Services for the amount advertised and agreed upon by the current TBY Description/Rate form. This compensation shall be payable as a lump sum, in advance, or in installments as part of a payment plan in accordance with the above Billing Information that I have provided. Payments are refundable and may be transferred depending on certain implications.
PRIVACY POLICY
This privacy notice discloses the privacy practices for the boulder yard.com. This privacy notice applies solely to information collected by this website. It will notify you of the following:
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to schedule an appointment.
Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.
Your Access to and Control Over Information:
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
In running and maintaining our website we may collect and process the following data about you:
Information about your use of our site including details of your visits such as pages viewed and the resources that you access. Such information includes traffic data, location data and other communication data.
Information provided voluntarily by you. For example, when you register for information or make a purchase.
Information that you provide when you communicate with us by any means.
Use of Cookies:
Cookies provide information regarding the computer used by a visitor. We may use cookies where appropriate to gather information about your computer in order to assist us in improving our website.
We may gather information about your general internet use by using the cookie. Where used, these cookies are downloaded to your computer and stored on the computer’s hard drive. Such information will not identify you personally; it is statistical data which does not identify any personal details whatsoever.
Our advertisers may also use cookies, over which we have no control. Such cookies (if used) would be downloaded once you click on advertisements on our website.
You can adjust the settings on your computer to decline any cookies if you wish. This can be done within the “settings” section of your computer. For more information please read the advice at AboutCookies.org.
Use of Your Information:
We use the information that we collect from you to provide our services to you. In addition to this we may use the information for one or more of the following purposes:
To provide information to you that you request from us relating to our products or services. To provide information to you relating to other products that may be of interest to you. Such additional information will only be provided where you have consented to receive such information.
To inform you of any changes to our website, services or goods and products.
If you have previously purchased goods or services from us we may provide to you details of similar goods or services, or other goods and services, that you may be interested in.
We never give your details to third parties to use your data to enable them to provide you with information regarding unrelated goods or services.
Storing Your Personal Data:
In operating our website it may become necessary to transfer data that we collect from you to locations outside of the United States for processing and storing. By providing your personal data to us, you agree to this transfer, storing and processing. We do our utmost to ensure that all reasonable steps are taken to make sure that your data is stored securely.
Unfortunately the sending of information via the internet is not totally secure and on occasion such information can be intercepted. We cannot guarantee the security of data that you choose to send us electronically, sending such information is entirely at your own risk.
Disclosing Your Information:
We will not disclose your personal information to any other party other than in accordance with this Privacy Policy and in the circumstances detailed below:
In the event that we sell any or all of our business to the buyer.
Where we are legally required by law to disclose your personal information. To further fraud protection and reduce the risk of fraud.
Third Party Links:
On occasion we include links to third parties on this website. Where we provide a link it does not mean that we endorse or approve that site’s policy towards visitor privacy. You should review their privacy policy before sending them any personal data.
Security:
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the Web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
Surveys & Contests:
From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information such as name and email, and age level. Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at (301) 228-9368 or email [email protected].
- What personally identifiable information is collected from you through the website, how it is used and with whom it may be shared.
What choices are available to you regarding the use of your data. - The security procedures in place to protect the misuse of your information. How you can correct any inaccuracies in the information.
- Information Collection, Use, and Sharing
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to schedule an appointment.
Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.
Your Access to and Control Over Information:
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
- See what data we have about you, if any
- Change/correct any data we have about you
- Have us delete any data we have about you
- Express any concern you have about our use of your data
In running and maintaining our website we may collect and process the following data about you:
Information about your use of our site including details of your visits such as pages viewed and the resources that you access. Such information includes traffic data, location data and other communication data.
Information provided voluntarily by you. For example, when you register for information or make a purchase.
Information that you provide when you communicate with us by any means.
Use of Cookies:
Cookies provide information regarding the computer used by a visitor. We may use cookies where appropriate to gather information about your computer in order to assist us in improving our website.
We may gather information about your general internet use by using the cookie. Where used, these cookies are downloaded to your computer and stored on the computer’s hard drive. Such information will not identify you personally; it is statistical data which does not identify any personal details whatsoever.
Our advertisers may also use cookies, over which we have no control. Such cookies (if used) would be downloaded once you click on advertisements on our website.
You can adjust the settings on your computer to decline any cookies if you wish. This can be done within the “settings” section of your computer. For more information please read the advice at AboutCookies.org.
Use of Your Information:
We use the information that we collect from you to provide our services to you. In addition to this we may use the information for one or more of the following purposes:
To provide information to you that you request from us relating to our products or services. To provide information to you relating to other products that may be of interest to you. Such additional information will only be provided where you have consented to receive such information.
To inform you of any changes to our website, services or goods and products.
If you have previously purchased goods or services from us we may provide to you details of similar goods or services, or other goods and services, that you may be interested in.
We never give your details to third parties to use your data to enable them to provide you with information regarding unrelated goods or services.
Storing Your Personal Data:
In operating our website it may become necessary to transfer data that we collect from you to locations outside of the United States for processing and storing. By providing your personal data to us, you agree to this transfer, storing and processing. We do our utmost to ensure that all reasonable steps are taken to make sure that your data is stored securely.
Unfortunately the sending of information via the internet is not totally secure and on occasion such information can be intercepted. We cannot guarantee the security of data that you choose to send us electronically, sending such information is entirely at your own risk.
Disclosing Your Information:
We will not disclose your personal information to any other party other than in accordance with this Privacy Policy and in the circumstances detailed below:
In the event that we sell any or all of our business to the buyer.
Where we are legally required by law to disclose your personal information. To further fraud protection and reduce the risk of fraud.
Third Party Links:
On occasion we include links to third parties on this website. Where we provide a link it does not mean that we endorse or approve that site’s policy towards visitor privacy. You should review their privacy policy before sending them any personal data.
Security:
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the Web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
Surveys & Contests:
From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information such as name and email, and age level. Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at (301) 228-9368 or email [email protected].
