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Release of Liability, Indemnity, and Assumption of Risk

In consideration of being permitted to use Bridges Rock Gym and/or any other facility owned or operated by Interior Elevation, LLC or its affiliates (together, the “Company”), or participate in any Company trainings, programs, events or activities, I voluntarily and with full capacity enter into this Release of Liability, Indemnity, and Assumption of Risk Agreement (this “Agreement”).

1.    REPS & WARRANTIES.  I have read the following list carefully, and I represent and warrant that:

a. I understand and acknowledge that the trainings, programs, and events held by the Company, either at Bridges Rock Gym or any other location, may expose me to inherent risks, both foreseeable and unforeseeable, including accidents, injury, illness, or even death.
b. I am familiar with the sports of indoor rock climbing and slacklining, and I understand and appreciate that both activities are inherently dangerous.
c. I understand that there are inherent risks (i) in using climbing walls or other equipment, (ii) in participating in yoga, fitness classes and other activities, and (iii) merely being on the Bridges Rock Gym premises or any other location where the Company conducts its activities.
d. I understand and acknowledge that climbing at Bridges Rock Gym or any other facility is not intended to prepare me for the risks and hazards of outdoor climbing.
e. I understand that climbing holds can and do spin, break, or otherwise fail, which may result in unexpected ground-fall, and that as a result of climbing hold, hardware, or gear failure, I may be struck by falling climbers or other objects, regardless of safety equipment, safety checks and supervision by the Company’s employees.
f. I am physically and mentally able to engage in all Company activities in which I opt to participate.

2.    ASSUMPTION OF RISK.  Knowing these and other risks, I choose to enter the Bridges Rock Gym premises, utilize its facilities, and/or participate in Company activities, wherever located.  I accept and assume full responsibility for any and all risks of bodily injury, including permanent disability and death; property damage; noneconomic damage; and loss of any type; not only in ways that I might anticipate as a result of participating in certain activities, but also in ways that are unknown and unexpected, and even when I follow the instructions of Bridges Rock Gym, am supervised, and adhere to all procedures.

3.    WAIVER AND RELEASE.  I hereby waive, release, and discharge the Company and its affiliated entities (whenever formed), their principals, managers, directors, employees, contractors, officers, representatives and agents (collectively, the “Company Parties”), from any and all claims, demands, damages, losses, expense, causes of action which I now have or may have in the future (“Claims”), arising out of or related to the risks described in Section 2, Bridges Rock Gym, or any activities sponsored by the Company, wherever conducted, and due to any cause whatsoever, including the negligence on the part of Company Parties.  As further consideration, I hereby waive the provisions of Section 1542 of the California Civil Code, which reads as follows:

"A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

4.    COVENANT NOT TO SUE. I hereby covenant and agree not to sue or bring, maintain, or voluntarily aid any type of action (legal, equitable, administrative or otherwise) against any of the Company Parties, either affirmatively or by way of cross-complaint, defense or counterclaim, with respect to Claims described in Sections 3, above. This provision shall be construed as a covenant not to sue.   

5.    INDEMNITY. I agree to indemnity, hold harmless, and defend the Company Parties from any Claims described in Sections 3, above.  Notwithstanding the prior sentence, I understand I shall not be required to indemnify the Company Parties for Claims arising from or related to the gross negligence or intentional or willful act of any of the Company Parties.

6.    MY ABILITY TO PARTICIPATE.   I expressly covenant that I will communicate with Company staff regarding any physical and/or psychological issues that might impact my participation in any Company activity or that might potentially cause risk of harm to myself, other participants, or invitees. I agree to consult my physician before engaging in any Company activities if I have any questions.

7.    SUCCESSOR AND ASSIGNS.  This Agreement shall be binding on my heirs, assignees, dependents, guardians, administrators, personal representatives and estate (together, “Successors”).

8.    ARBITRATION. I expressly agree that any claim or controversy that arises out of or relates to this Agreement, or the breach of it, shall be settled by arbitration in accordance with the rules of the American Arbitration Association.  Such arbitration shall be binding upon the parties and judgment upon the award rendered may be entered in any court with jurisdiction.  

9.    GENERAL PROVISIONS.  This Agreement is intended to be as broad and inclusive as is permitted by the laws of California.  If, for any reason, any provision of this Agreement is held invalid, all other provisions of this Agreement shall be construed to remain fully valid, enforceable, and binding on the parties.  This Agreement shall be construed and governed in accordance with laws of the State of California. The terms and conditions contained herein shall expressly survive any termination of this Agreement.  No oral representations, statements or inducements have been made to me to cause me to enter into this Agreement.  Any modification to this Agreement must be in writing and signed by the Company. If any legal action (including any arbitration) is brought by any party to this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs.

I have read and understand this Agreement and understand it is a release of all claims for injuries and damages, whatsoever, and that it contains other provisions that are binding on me and my Successors.

I voluntarily sign my name evidencing acceptance of this Agreement.  If under 18 years of age, signature of parent or guardian is also required.

Date: December 10, 2019

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Information
Gender*
Female
Male
Non-binary
Prefer not to state
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Second Participant's Information
Gender*
Female
Male
Non-binary
Prefer not to state
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Third Participant's Information
Gender*
Female
Male
Non-binary
Prefer not to state
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information
Gender*
Female
Male
Non-binary
Prefer not to state
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information
Gender*
Female
Male
Non-binary
Prefer not to state
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information
Gender*
Female
Male
Non-binary
Prefer not to state
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information
Gender*
Female
Male
Non-binary
Prefer not to state
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information
Gender*
Female
Male
Non-binary
Prefer not to state
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information
Gender*
Female
Male
Non-binary
Prefer not to state
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information
Gender*
Female
Male
Non-binary
Prefer not to state
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
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Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
By signing, above, I represent that I am the parent or guardian (as indicated) of the minor whose name appears, above. I understand my name, above, I hereby make and enter into each and every representation, waiver, release, indemnity, and covenant contained in this Agreement on behalf of myself, the minor, and any other parent or guardian of the minor. I represent that I HAVE LEGAL AUTHORITY TO ENTER INTO THIS agreement on behalf of the minor, and I agree to indemnify the Company for all liability arising out of any lack of authority on my part to make any representation, waiver, release, indemnity, or covenant contained in this Agreement.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Information
Gender*
Female
Male
Non-binary
Prefer not to state
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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