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Release of Liability for any injury or death and Assumption of Risk

Please read this document carefully. This document must be signed by an adult of at least eighteen years of age.

The individual named below desires: (a) to use or be granted access to Gemstone Climbing Center (GCC) owned and operated by Gemstone Climbing Center, LLC (LLC); (b) to participate in trips, competitions, camps, climbing courses, adventures, and/or other types of events (collectively, Events), which may take place at GCC or are otherwise sponsored by or involve GCC or its officers, directors, employees, contractors, agents, landlords and property managers (together with GCC, collectively, "Released Parties"); and/or (c) to engage in wall climbing, bouldering, other climbing activities, sports and other sporting activities, fitness and other fitness activities, or any of the various other types of activities (collectively, "Activities") which may take place at GCC or are otherwise sponsored by or involve GCC or any of the other Released Parties. All references to GCC throughout this Waiver and Release of Liability for Any Injury Or Death And Assumption Of Risks ("Release") includes all rooms, areas, and spaces on the interior of GCC, the exterior of GCC, and the parking areas accorded to GCC (collectively, Facilities). For the purposes of this Release only, I agree that the "Events" and "Activities" span from the time that I leave my residence prior to each Event or Activity to the time that I return to my residence after the conclusion of the Event or Activity, as the case may be. In consideration for Gemstone Climbing Center permitting me to use the Facilities, to participate in the Events and/or to engage in the Activities, I have agreed to execute this Release.

FURTHER, I AGREE AND UNDERSTAND THAT I WILL NOT BE ALLOWED TO, NOR WILL I PARTICIPATE IN ANY EVENTS AND/OR ACTIVITIES AT GEMSTONE CLIMBING CENTER WITHOUT (1) A SIGNED RELEASE BEING FILED WITH GEMSTONE CLIMBING CENTER, AND (2) REVIEWING AND SIGNING COPY OF THE GEMSTONE CLIMBING CENTER RULES, CONDITIONS AND ORIENTATION, AND (3) THAT I HAVE BEEN PROVIDED WITH COPIES OF EACH SUCH DOCUMENT FOR MY REVIEW.

A. I WAIVE AND RELEASE GEMSTONE CLIMBING CENTER FROM ANY POTENTIAL LIABILITY RESULTING FROM MY DEATH AND/OR ANY INJURY, LOSS, DAMAGE, EXPENSE, ACTION, CLAIM, AND LIABILITY ARISING OUT OF ANY USE OF THE FACILITES, THE PARTICIPATION IN ANY OF THE EVENTS, OR THE ENGAGEMENT IN ANY OF THE ACTIVITIES: I agree to release and discharge GCC and the other Released Parties from any potential liability resulting from my death and/or from and against any and all past, present, or future injuries, losses, damages, expenses, property damage, whether or not anticipated or unanticipated, suspected or unsuspected, relating to or arising from: (i) the use of the Facilities; (ii) the participation in the Events sponsored by or involving any of the Facilities, GCC or any of the other Released Parties; (iii) the engagement in the Activities sponsored by or involving any of the Facilities, GCC or any of the other Released Parties; (iv) the interaction with any of the Released Parties; or (v) the placement in the care, custody or control of any of the Released Parties. This Release is intended to release and discharge the Released Parties from all losses, damages, expenses, actions, claims and liabilities of any nature whatsoever, such as losses, damages, expenses, actions, claims, and liabilities arising from or related to the negligence of, or the breach of any duties which may be owed by, the Released Parties. I understand that this Release prohibits me from filing any lawsuit against any of the Released Parties for any of the reasons identified in this paragraph, now or in the future, and from recovering any losses, damages, or expenses against any of the Released Parties.

B. I ASSUME THE RISK OF INJURIES OR DEATH ASSOCIATED WITH THE USE OF THE FACILITIES, PARTICIPATION IN ANY OF THE EVENTS, OR ENGAGEMENT IN ANY OF THE ACTIVITIES: In addition to my waiver and release of the Released Parties from any loss, damage, expense, action, claim, liability, injury or death, I understand that there are significant elements of risk associated with participation in the Events and engagement in the Activities that may be sponsored by or otherwise involve the Facilities, GCC or any of the other Released Parties. Certain risks cannot be eliminated without destroying the unique character of the Events or the Activities. The same elements that contribute to the unique character of the Events and the Activities can be causes of injury, illness, or in extreme cases, permanent disability, trauma, or death. I acknowledge that using the Facilities, participating in the Events and engaging in the Activities sponsored by or involving the Facilities, GCC or any of the other Released Parties involves certain risks, inherent or otherwise, including the risk of death or serious personal injury, regardless of whether I follow GCC instruction or recommendations, such as those pertaining to Facility rules and regulations, climbing, bouldering, instructional programs, other sports activities, fitness training/exercise, or involving my choice of equipment to use or whether or not to wear a helmet or any other protective device. I agree to assume all such risks, as well as any other risks involved in using the Facility, participating in Events, and/or engaging in the Activities sponsored by or involving GCC or any of the other Released Parties.

C. I AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE RELEASED PARTIES: I further agree to indemnify, hold harmless and defend the Released Parties from and against any and all loss, damage, liability, claim and expense, including attorneys' fees and costs, incurred by any of the Released Parties in relation to my use, or if I am signing on behalf of a minor as parent or legal guardian, said minor’s use of the Facilities, participation in the Events and engagement in the Activities sponsored by or involving GCC or any of the other Released Parties.

D. CHOICE OF LAW: The laws of the State of Idaho shall govern the rights and obligations of the parties to this Release and the interpretation, construction, and enforceability of the Release. If any dispute shall arise between me and either GCC or any of the other Released Parties, I agree that any lawsuit brought by me against any Released Parties shall be brought solely in a state court located in Idaho, Twin Falls County. This release shall be effective upon my execution hereof and shall continue in force, unless sooner terminated in writing, for so long as I or my minor child (if applicable) or such other below-named "Participant" uses a Facility, participates in an Event, and/or engages in an Activity sponsored by or involving GCC or any of the other Released Parties.

E. OTHER CONSIDERATIONS: 1. I permit the use of my likeness. I acknowledge and agree that GCC reserves the right to use any photograph taken at the Facilities, during Events, or, in connection with, any of the Activities involving GCC or any of the other Released Parties in connection with GCC's promotional materials, brochures, and website. 2. Capability to participate. I can participate in these activities without causing harm to myself or others. I agree to follow all GCC rules. I acknowledge GCC staff has been available to answer my questions about the nature and physical demands of these activities and their risks, hazards, and dangers. I understand the presence of GCC personnel is no assurance of my safety or the lessening of any of these or other risks. 3. Medical attention and transport. In the event of an accident and/or emergency, I authorize GCC staff to contact the person(s) listed in Participant's emergency contact information. Further, I authorize GCC staff to obtain or provide medical care for me or my minor child (if applicable) and to transport me or my minor child (if applicable) to a medical facility and to exchange pertinent medical information with third party medical care providers. I agree to pay all costs associated with such medical care and transportation. 4. Severability. If any provision of this Agreement or the application of any such provision to any person or circumstance is held invalid, the remainder of the Agreement, and the application of such provision other than to the extent it is held invalid, will not be invalidated, or affected thereby and will remain in full force and effect. 

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. By signing below, I have read and I understand the forgoing acknowledgement of risk, assumption of risk and responsibility, and release of liability for any injury or death. I understand by signing this form I may be waiving valuable legal rights.

First Guest Name
First Name*
Last Name*
Phone*
First Guest Date of Birth*
Date of Birth
First Guest Signature*
Second Guest Name
First Name*
Last Name*
Phone*
Guest Date of Birth*
Date of Birth
Third Guest Name
First Name*
Last Name*
Phone*
Guest Date of Birth*
Date of Birth
Fourth Guest Name
First Name*
Last Name*
Phone*
Guest Date of Birth*
Date of Birth
Fifth Guest Name
First Name*
Last Name*
Phone*
Guest Date of Birth*
Date of Birth
Sixth Guest Name
First Name*
Last Name*
Phone*
Guest Date of Birth*
Date of Birth
Seventh Guest Name
First Name*
Last Name*
Phone*
Guest Date of Birth*
Date of Birth
Eighth Guest Name
First Name*
Last Name*
Phone*
Guest Date of Birth*
Date of Birth
Ninth Guest Name
First Name*
Last Name*
Phone*
Guest Date of Birth*
Date of Birth
Tenth Guest Name
First Name*
Last Name*
Phone*
Guest Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email
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Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
Emergency Contact
First Name*
Last Name*
Emergency Contact's Phone Number*
Emergency Contact's Relation to Participant
Guest 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(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*
Last Name*
Relationship*
Phone*
Parent or Guardian's Date of Birth*
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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