The Department of Licensing administers laws relating to the licensing and regulation of professions, businesses, vehicles, and other activities.
The Uniform Regulation of Business and Professions Act consolidates disciplinary procedures for licensed businesses and professions under the Department of Licensing by providing standardized procedures for the regulation of businesses and professions and the enforcement of laws.
Generally, when one person harms another through culpable action or inaction, the harmed party can bring a civil action in court against the responsible party for money damages. A statutory grant of immunity to a person or entity can limit or bar most claims of civil liability.
Wanton misconduct is an intentional act or omission in reckless disregard of the risks of substantial harm. Willful misconduct is an intentional act or omission with actual knowledge a harm will result or intent to cause harm.
A "climbing facility" is a facility or premises that contains a fixed, artificial climbing surface used by the public, not located in an amusement park, carnival, family entertainment center, or on public land, that is designed and built for the sport of climbing.
A "climbing facility operator" is a person or entity who owns, manages, controls, directs, or has operational responsibility for a climbing facility.
A "participant" is a person in a climbing facility for the purpose of engaging in the sport of climbing, including anyone utilizing a climbing wall or personal protective equipment, belaying, or spectating.
Climbing Facility Licensing.
After January 1, 2026, no climbing facility operator may operate a climbing facility in Washington without a license.
Climbing facility license applicants must submit an application on forms provided by the Department of Licensing (Department), and the Department may require the applicant to provide information, including evidence of ability to comply with rules and regulations. Applications must be accompanied by a reasonable license fee established by the Department.
The Department is required to issue licenses to applicants that meet all requirements. Licenses must be renewed annually unless suspended or revoked. Licenses may be issued only for the premises and persons named in the application and may not be transferred or assigned without the approval of the Department. Licenses must be conspicuously posted at a climbing facility.
The Department is authorized to adopt rules that are necessary to implement this act. The Director of the Department is granted authority in relation to climbing facilities under this act. The Uniform Regulation of Business and Professions Act governs the unlicensed practice, issuance and denial of licenses, and discipline of licensees under this act.
Climbing Facility Requirements.
Climbing facility operators must:
Climbing facility operators must obtain training regarding:
Climbing facility operators are prohibited from supervising participants on climbing walls until the operator has received all required training. Climbing facility employees are prohibited from working at the facility while under the influence of alcohol, cannabis, or a controlled substance.
Climbing Participant Requirements.
Participants must:
Assumption of Inherent Risks and Immunity from Liability.
Each climbing participant is deemed, as a matter of law, to have assumed and accepted the inherent risks associated with participation in the sport of indoor rock climbing, including but not limited to, bodily injury or death caused by falling; abrupt contact with persons, structures, or objects; personal protective equipment failure; loose climbing holds; and participant error.
Climbing facilities and climbing facility operators are not liable for bodily injury to or death of a participant engaged in the sport of indoor rock climbing that is caused by the inherent and assumed risks of climbing.
No climbing participant or their representative may maintain a legal action against or recover from a climbing facility or climbing facility operator for bodily injury or death of a participant engaged in the sport of climbing caused by the inherent and assumed risks of climbing.
The foregoing immunity does not prevent or limit the liability of climbing facility or climbing facility operator if they: (1) commit an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission caused the injury; or (2) intentionally injure the climbing participant.
The immunity provided by this act is a complete defense against liability in a tort or other civil action against a climbing facility operator by a participant for bodily injury or death resulting from the inherent and assumed risks of climbing. The contributory fault provisions of state law are not applicable in cases where bodily injury or death is deemed to have been caused by the inherent and assumed risks of climbing.
The immunity provided by this act does not apply to manufacturers of personal protective equipment, parts, or other climbing equipment or structures.
Amusement Rides.
The chapter of state law governing amusement rides is modified by amending the definition of "Amusement Ride" to exclude any fixed, artificial climbing surface built for the sport of rock climbing used in a climbing facility.