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ROCA, CLIMBING AND FITNESS INCORPORATED RELEASE OF ALL CLAIMS, WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT

WARNING: THIS AGREEMENT IS LEGALLY BINDING. BY SIGNING YOU GIVE UP YOUR RIGHT TO RECOVER ANY COMPENSATION FOR ANY PERSONAL INJURIES, DAMAGE TO YOUR PROPERTY, OR FOR YOUR DEATH, ARISING OUT OF YOUR USE OF ROCA, CLIMBING AND FITNESS INCORPORATED’S (“ROCA”) FACILITIES, ROCK CLIMBING WALLS OR EQUIPMENT (“FACILITIES”), OR ARISING OUT OF YOUR PARTICIPATION IN CLASSES OR ACTIVITIES (“ACTIVITIES”), INCLUDING TRANSPORTATION PROVIDED BY ROCA. YOU ARE RELEASING ROCA’S LANDLORD, AS WELL AS ALL DESIGNERS, MANUFACTURERS AND INSTALLERS OF THE FACILITIES AND ANY PERSONS USING ROCA’S FACILITIES. THIS AGREEMENT IS BINDING ON YOU, YOUR HEIRS, NEXT OF KIN, ASSIGNS, AND PERSONAL REPRESENTATIVES. As an Adult signing for a Minor, I attest that I am Authorized to do so by the Parent or Legal Guardian of said Minor.

ASSUMPTION AND ACKNOWLEDGMENT OF RISK

WARNING: CLIMBING IS DANGEROUS. I, the undersigned, acknowledge and agree the use of Roca’s Facilities and Activities sponsored by Roca have INHERENT RISKS, including, but not limited to, the following:

  1. Injuries or death resulting from the failure or negligent misuse of Roca’s Facilities.
  2. Injuries resulting from slips, trips, falls, and/or the physical demands associated with the use of Roca’s Facilities.
  3. Injuries resulting from the swinging or fall of other persons who may come into contact with me or from any swinging or falls in which I come into contact with other persons.
  4. Injuries occurring from the negligence or lack of adequate training of Roca’s volunteers or employees assisting with medical or other help either before or after injuries have occurred.
  5. Injuries resulting from the failure of Roca’s facilities, and also including but not limited to, failure of ropes, slings, harnesses, belay devices, handholds, anchor points, landing surface and its curbs, items left in landing surface and any other part of the climbing structure, and misuse of equipment (including, importantly, failure to properly clip into and operate the auto belays) and facilities.
  6. Injuries resulting from the negligence of Roca’s owners, operators, employees, or volunteer assistants, the negligence of other climbers, visitors, or persons present at Roca, the negligence of the designers, manufacturers or installers of the Facilities, and/ or the negligence of Roca’s landlord.
  7. Injuries resulting from Activities not directly related to climbing, but related to other services offered by Roca in its facility.

I am aware of these and NUMEROUS OTHER INHERENT RISKS in using Roca’s Facilities and other Activities offered by Roca. I VOLUNTARILY ASSUME COMPLETE RESPONSIBILITY for these risks and for the injuries that may occur as a result of these risks EVEN IF injuries occur in a manner not foreseeable at the time I sign this agreement. I realize that by voluntarily assuming the risks involved, I am SOLELY RESPONSIBLE for any loss or damage I sustain, including PERSONAL INJURIES to me, damage to my PROPERTY, or damage arising out of my DEATH. 


 

RELEASE, PROMISE NOT TO SUE AND REPRESENTATIONS

In consideration of my observing or using Roca’s Facilities, and/or in consideration of my participating in Activities I, on behalf of myself, my heirs, administrators and personal representatives, hereby RELEASE ROCA AND FOREVER DISCHARGE IT FROM ANY AND ALL LIABILITY, and PROMISE NOT TO SUE Roca, or any of its officers, directors, employees, volunteers, or agents or any other climber, visitor, or person present in or using Roca’s Facilities for any claims, losses, damages and/or demands arising out of any PERSONAL INJURIES sustained by me, damage to my PROPERTY, or my DEATH. This RELEASE extends to and shall be applicable to the designers, manufacturers and/or installers of Roca’s Facilities and Roca’s landlord.

You represent you are over the age of 18. You hereby grant to Roca the right to use any photographs or videos taken at the Facility or during any Activity for promotional purposes. Such images may be used in Roca’s brochures, posters, website, Facebook page or other promotional materials without liability or payment.

You further represent that you are not aware of, nor have you been advised of, any medical, physical or other conditions that would prevent you from participating in the Activities, including rock climbing, bouldering and belaying. You further agree not to engage in flips, tricks, jumping, or any other activity that is not safe in connection with bouldering, climbing, or other Roca Activities.

All parents bringing children to Roca’s Facilities hereby acknowledge and agree they have been advised by Roca’s staff of Roca’s supervision rules, and they have reviewed the supervision rules posted by Roca within the Facilities, and agree to abide by and follow the supervision rules.

If any provision of this Agreement is held invalid, the invalidity shall not affect other provisions of the Agreement which can be given effect without the invalid provision, and to this end the provisions of the Agreement are severable. This Agreement shall be governed by the laws of the State of Minnesota.


I HAVE READ THIS AGREEMENT THOROUGHLY AND UNDERSTAND ITS TERMS. NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS HAVE BEEN MADE TO ME THAT CHANGE, ALTER OR MODIFY ANYTHING WITHIN THIS AGREEMENT. I AGREE TO ALL TERMS. (ALTERATIONS OR MODIFICATIONS TO THIS DOCUMENT ARE NOT ALLOWED). THIS AGREEMENT SHALL REMAIN IN EFFECT UNTIL CANCELED OR MODIFIED BY A WRITING SIGNED BY ROCA.

Date: December 21, 2024

First Your Name

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First Your Date of Birth*
First Your Signature*
Second Your Name

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Second Your Date of Birth*
Third Your Name

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Third Your Date of Birth*
Fourth Your Name

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Fourth Your Date of Birth*
Fifth Your Name

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Fifth Your Date of Birth*
Sixth Your Name

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Sixth Your Date of Birth*
Seventh Your Name

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Seventh Your Date of Birth*
Eighth Your Name

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Eighth Your Date of Birth*
Ninth Your Name

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Ninth Your Date of Birth*
Tenth Your Name

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Tenth Your Date of Birth*
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Parent(s), Authorized Adult or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent, Authorized Adult or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
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 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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