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NOTICE: THIS IS A LEGALLY BINDING AGREEMENT. PLEASE READ CAREFULLY.

I desire to participate in one or more activities or programs (each individually an “Activity”; collectively, “Activities”) offered, operated, sponsored or directed by, or otherwise involving, Rising Up Rock Gym LLC (the “Gym”). The Activities may occur in whole or in part at one or more climbing and recreation facilities (together with parking areas and walkways therein or adjacent thereto, collectively the “Facilities”; each individually, a "Facility") owned, leased, operated or managed by the Gym. The Activities may involve, without limitation, rock climbing (including but not limited to climbing on artificial surfaces, outdoor instruction, and expeditions), yoga, fitness classes, and other recreational activities, programs, events, instruction, classes, and being a spectator both inside and outside a Facility and with or without supervision of the Gym or any of its employees, contractors, volunteers, or personnel (collectively, “Personnel”). I understand that each Activity poses inherent and extreme risks. With full knowledge and understanding of these risks, and in consideration of my use of the Facilities or any thereof and participation in one or more Activities, I acknowledge and agree as follows:

1. Acknowledgement and Assumption of the Risk

I acknowledge that participation in any Activities, use of any Facility, and receipt of any services provided by any Facility or Personnel subjects me to risks of personal injury (including but not limited to death or paralysis) from various causes, including but not limited to slip and fall; falling from climbing walls or gym apparatus; contact with walls, holds, equipment, landing areas and other climbers, or objects; falling climbers; dropped items; climbing hardware and climbing walls; loose or damaged holds; failure of shoes, climbing hardware, or any part of climbing wall or gym apparatus structures; the use of exercise equipment and free weights; participation in other group exercise classes; negligence of others, such as failure to maintain control over climbing equipment or other climbers or to act within their ability; or other causes and accidents not specified herein, whether or not foreseeable. I also acknowledge the risk that my personal property (including but not limited to vehicles or their contents or personal property placed in lockers) may be damaged, lost or stolen while I am at a Facility or participating in Activities.

I understand and acknowledge that:

A. The above list is not inclusive of all the possible risks to which I will be subject during Activities and in using a Facility and that the list in no way limits the extent or reach of this Express Assumption of Risk, Waiver of Liability, Release, Covenant not to Sue and Indemnity Agreement (this “Agreement”) or any provision of this Agreement.

B. Climbing at a Facility is not the same as climbing outdoors or on other artificial rock surfaces. I understand that any instruction I may receive at a Facility or in connection with any Activity is not necessarily applicable to other real or artificial rock climbing and that such instruction does not prepare me to climb without supervision.

C. If I rent equipment through a Facility, I accept the equipment rented “AS IS”, I accept responsibility for the care of the equipment during the rental period and agree to be responsible for the replacement at full value of any equipment that I do not return or that I return in damaged condition. I understand that climbing gear could become damaged or defective. I am capable of examining and assessing all equipment that I use. If damage occurs to equipment belonging to the Gym  while I am using it, I will promptly bring it to the attention of appropriate Personnel.

I VOLUNTARILY ASSUME ALL OF THE RISKS ASSOCIATED WITH PARTICIPATION IN ANY ACTIVITY OR USE OF ANY FACILITY, INCLUDING BUT NOT LIMITED TO RISK OF INJURY, PARALYSIS AND DEATH. I VOLUNTARILY ASSUME ALL SUCH RISKS WITH FULL KNOWLEDGE, UNDERSTANDING AND APPRECIATION OF THE RISKS INVOLVED.

2. Waiver of Liability, Release and Covenant Not to Sue

I, on behalf of myself, my heirs, representatives, executors, administrators and assigns (each individually, a "Releasing Party"; collectively, "Releasing Parties"), hereby knowingly and intentionally (A) waive any and all liability of the Gym and its successors, assigns, affiliates, owners, shareholders, officers, members, managers, directors, landlords, and Personnel (each individually, a “Released Party”; collectively, “Released Parties”) for, (B) release Released Parties from, and (C) covenant not to sue Released Parties for, any and all causes of action, claims, injuries, liabilities, damages or demands of any nature whatsoever, whether known or unknown, anticipated or unanticipated, which the Releasing Parties or any thereof may now have, or may have in the future, against any Released Party on account of any and all known and unknown, foreseen and unforeseen personal injuries, property damage, death, paralysis, accident or occurrence of any kind and whenever occurring, arising out of or in any way related to any Activity, any occurrence or event involving a Facility, any Released Party or any service or program related to any thereof, whether such Activity, occurrence or event is supervised or unsupervised and however and whenever any injury, property damage, death, paralysis or accident is caused (collectively, “Claims”). THIS WAIVER OF LIABILITY, RELEASE AND COVENANT NOT TO SUE SHALL BE EFFECTIVE EVEN THOUGH SAID LOSS, DAMAGE, OR INJURY RESULTS OR HAS RESULTED, OR ANY CLAIMS ARISE FROM, THE NEGLIGENCE, WRONGFUL ACTS, OMISSIONS, BREACH OF WARRANTY, OR STRICT TORT LIABILITY OF ANY RELEASED PARTY. NOTWITHSTANDING THE IMMEDIATELY PRECEDING SENTENCE, THIS WAIVER OF LIABILITY, RELEASE AND COVENANT NOT TO SUE SHALL NOT BE EFFECTIVE IN REGARD TO LOSS, DAMAGE OR INJURY RESULTING FROM, OR ANY CLAIMS ARISING FROM, THE GROSS NEGLIGENCE OR WILLFUL OR WANTON MISCONDUCT OF ANY RELEASED PARTY.

3. Indemnification Agreement

I, on behalf of all Releasing Parties, hereby agree to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties from and against any and all Claims and costs (including but not limited to attorneys’ fees and costs incurred by Released Parties or any thereof) of any nature whatsoever, including but not limited to those caused by the negligence, wrongful acts, omissions, breach of warranty or strict tort liability of any Released Party (except for those resulting from the gross negligence or willful or wanton misconduct of any Released Party), arising out of or in any way relating to my use of a Facility or the services provided thereby or my participation in any Activity.

4. Waiver of Liability Relating to Coronavirus/COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The Gym and its successors, assigns, affiliates, owners, shareholders, officers, members, managers, directors, landlords, and Personnel (each individually, a “Released Party”; collectively, “Released Parties”) cannot prevent you or your child(ren) from becoming exposed to, contracting, or spreading COVID-19 or other diseases while utilizing the Gym’s services or premises. It is not possible to prevent the presence of the disease. Therefore, if you choose to utilize the Gym’s services and/or enter onto the Gym’s premises you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.

I have read and understood the above warning concerning COVID-19. I hereby choose to accept the risk of contracting COVID-19 for myself and/or my children in order to utilize the Gym’s services and enter the Gym’s premises. These services are of such value to me and/or to my children, that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize the Gym’s services and premises in person.

I hereby forever release and waive my right to bring suit against the Released Parties’ and other representatives in connection with exposure, infection, and/or spread of COVID-19 related to utilizing the Gym’s services and premises. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen. I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS RELEASE, AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE.

5. Miscellaneous

I certify that I am in proper physical and mental condition to participate in Activities and that I have no physical limitations that would preclude my safely using a Facility and participating in Activities with the risks assumed. I agree to read and abide by all rules from time to time posted in any Facility or otherwise communicated to me. I agree to comply with requests and instructions of all Personnel. In the event of an accident, if I should be unconscious or otherwise unable to make medical decisions for myself, I hereby grant the Released Parties permission to administer necessary first aid, and/or to solicit emergency medical services as deemed necessary. This authorization includes permission for emergency medical transportation to the nearest medical facility for additional medical treatment.

I hereby voluntarily waive any right I may have to a trial by jury in any action, proceeding or litigation involving any Released Party. The laws of the State of Ohio shall govern the rights and obligations of the parties to this Agreement and the interpretation, construction and enforceability thereof. I agree that any lawsuit brought against any Released Party shall be brought solely in Medina County, Ohio. If any portion of this Agreement is held invalid, the remainder shall remain in full force and effect.

I hereby grant to the Gym, and the Gym reserves the right to use for promotional purposes, any photographs or video taken at the Facilities or during any Activity. Such images may be used in the Gym’s brochures, posters, website, social media, or other promotional materials without liability or payment.

I ACKNOWLEDGE AND AGREE THAT BY SIGNING THIS AGREEMENT I AM RELIEVING THE FACILITIES AND ALL RELEASED PARTIES OF ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, INJURY OR DEATH RESULTING FROM ANY ACTIVITY AND WAIVING MY RIGHT TO MAINTAIN A LAWSUIT AGAINST ANY OF THE RELEASED PARTIES, EXCEPT FOR ANY LIABILITY BASED UPON THEIR GROSS NEGLIGENCE OR WANTON AND WILLFUL MISCONDUCT. I CERTIFY THAT MY AGE IS ACCURATELY SET FORTH ABOVE; THAT, IF I AM AT LEAST 18 YEARS OF AGE, I AM LEGALLY COMPETENT TO SIGN THIS AGREEMENT; I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND THAT THE TERMS OF THIS AGREEMENT ARE LEGALLY BINDING UPON ME AND UPON MY ASSIGNS, HEIRS, REPRESENTATIVES, EXECUTORS AND ADMINISTRATORS; AND THAT I AM SIGNING THIS AGREEMENT, AFTER HAVING CAREFULLY READ IT, OF MY OWN FREE WILL.

IF PARTICIPANT IS UNDER 18 YEARS OLD – UNDERSIGNED PARENT/GUARDIAN CONSENT: I am the parent or legal guardian of the above signed one or more minors (whether one or more, the “Minor”) under 18 years of age and hereby consent to the Minor’s using the Facilities or participating in Activities, all as defined above. In consideration of permission to the Minor to use the Facilities and participate in one or more Activities, I agree, personally and on behalf of the Minor, any other parent or legal guardian of the Minor, and the heirs, representatives, executors, administrators and assigns of all thereof (collectively, the "Minor Releasing Parties") to be bound by the terms and conditions set forth in this Agreement. Without limiting the immediately preceding sentence, I expressly, personally and on behalf of each of the Minor Releasing Parties (a) acknowledge, agree and consent to the assumption of the risks described above, (b) make and enter into for the benefit of the Released Parties the agreements set forth above in Paragraph 2, entitled “Waiver of Liability, Release and Covenant Not to Sue” and (c) agree to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties from and against any and all Claims and costs (including but not limited to attorneys’ fees and costs incurred by Released Parties or any thereof) of any nature whatsoever, including but not limited to those caused by the negligence, wrongful acts, omissions, breach of warranty or strict tort liability of any Released Party (except for those resulting from the gross negligence or willful or wanton misconduct of any Released Party), arising out of or in any way relating to the Minor's use of a Facility or the services provided thereby or the Minor's participation in any Activity. I represent that I am at least eighteen (18) years of age and legally competent to sign this Agreement.

A photocopy hereof, or a record of this Agreement sent and received by facsimile, email or other electronic transmission, or a record of this Agreement stored in an electronic or other medium, shall be enforceable and shall have full legal effect as an original.

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.




First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
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Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Parent(s) 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 or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 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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