RELEASE OF LIABILITY AND ASSUMPTION OF RISK
In consideration of the services provided by the Rock Boxx Climbing Gym, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as TRB). I hereby agree to release and dischare TRB on behalf of myself, my children, my parents, my heirs, assigns, personal representatives and estate as follows:
1. Acknowledge that the activities involved in the use of any TRB's services or facilities, both climbing and nonclimbing related, entail significant risks, both known and unknown, which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. Such risks include, among others; equipment failure, falling climbers, and negligence of spotters and other participants.
2. I am familiar with the safety features of the facility I will be using and other equipment that I will use (whether or not such equipment is provided by TRB), and acknowledge that these safety features and precautions may not be all that is necessary to minimize the risk of injury or provide maximum protection from injury or death.
3. I expressly agree and promise to accept and assume all of the risks existing in these activites both known and unknown, whether caused or allegede to be caused by the negligent acts or omissions of TRB. My participation in this activity is purely voluntary, and I elect to particpate in spite of the risks.
4. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless TRB from any and all claims, demands, or causes of action, which in any way arise out of, or are connected with (a) TRB's equipment and facilities, (b) any alleged negligent acts or omissions of TRB, or (c) my participation in the services and activities provided by TRB.
5. Should TRB or anyone acting on their behalf be required to incur attorney fees and cost to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
6. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume -and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
7. I agree that the validity and enforceability of this Release of Liability and Assumtion of Risk will be governed by the substantive law of Oregon, including the Recreation Safety Act, without regard to its conflict of law rules.
8.I agree to abide the rules of TRB's facility.
9. This agreement shall endure and remain effective for the life of the participant or until modified or replaced by TRB.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS.
Dated: February 28, 2024