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PARTICIPATION AGREEMENT & ASSUMPTION OF RISK, RELEASE OF LIABILITY & WAIVER OF CLAIMS AGREEMENT


Please read the document carefully and in its entirety. It is a binding agreement that contains important information including provisions that might limit your legal rights. To the extent that you are unclear about the meaning or effect of this language, please seek appropriate consultation. You have the choice to participate or to choose not to do so.

The Participant will be engaging in certain activities, which may include the following: indoor rock climbing, bouldering, belaying, rappelling, lowering on ropes, top roping, lead climbing, auto belay, rescue systems, slacklining, yoga, weightlifting, use of a gym, fitness classes, teambuilding games and activities, spectating, activities relating to summer camp, off-site instruction and/or organized trips (including transportation) and other activities for recreation, fun, and/or climbing-related development, including instruction (collectively the “Activities”).

In consideration of being allowed to participate in the Activities provided by Inner Peaks Matthews LLC; Inner Peaks South End LLC; Inner Peaks HoldCo LLC; and Climbing Collective Holdings LLC; (collectively the “Host”), the Participant, and the Participant’s parent or legal guardian if Participant is a minor, hereby agrees, to the fullest extent permitted by law, as follows:

a) TO WAIVE ALL CLAIMS that they have or may have against the Host, its respective owners, affiliates, employees, agents, investors, and/or landlords arising out of the risks (inherent or otherwise) of participating in the Activities and/or use of the Host’s equipment (“Equipment”).

1) The inherent risks of the Activities shall include, but are not limited to: (a) misuse of the climbing walls, equipment, and/or facilities; (b) falls and abrupt and possibly harmful contact with persons, structures and objects (fixed and moveable), including climbing walls, volumes, holds, ropes, equipment (including dropped equipment during route setting or otherwise), flooring (including breaks or seams in flooring even if not open and obvious) and other surfaces; (c) failure of the facilities, climbing walls, holds, harnesses, auto belays and exercise, fitness, and other equipment; (d) crossing, climbing, or climbing down; (e) Limitations on personal physical coordination, capacity, sense of balance, decision making, and ability to follow or give or understand directions either as a “climber” or “belayer;” (f) mental or physical health problems of Participant and others; (g) speed climbing; (h) transmission of infectious disease, whether related to the COVID-19, or other pandemics, epidemics, disease outbreaks, public health emergencies, or otherwise; (i) lack of training and conditioning; and (j) carelessness, inattention, and/or misjudgments, including negligence (active or passive)of Participant, other users of the Host’s facilities, and/or gym staff, by improperly belaying, improperly tying in to the harness, improperly using or attaching to an auto belay, and otherwise failing to follow proper procedures, instructions and operating policies.

b) TO ASSUME ALL RISKS (INHERENT OR OTHERWISE) IN PARTICIPATING IN THE ACTIVITIES AND USING THE EQUIPMENT; and

c) TO RELEASE the Host, its respective owners, affiliates, employees, agents, investors, and/or landlords, from all liability for any loss, damage, injury, or expense forming the basis for a claim and/or cause of action that the Participant may suffer, arising out of and/or resulting from participation in the Activities and/or use of the Equipment, including any and all claims and/or causes of action arising from the alleged and/or proven negligence (active or passive) of the Host, its respective owners, affiliates, employees, agents, investors, and/or landlords.

Personal Responsibility

The Participant, and Participant’s parent or legal guardian if Participant is a minor, hereby certifies that Participant has no physical or mental condition that precludes Participant from participating in the Activities or using the Equipment and that Participant is not participating against medical advice.

The Participant, and Participant’s parent or legal guardian if Participant is a minor, understands that Participant’s participation in the Activities and use of the Equipment is voluntary and further understands that they have the opportunity to inspect the Host’s Equipment and facilities before any participation.

The Participant, and Participant’s parent or legal guardian if Participant is a minor, understands that Participant is obligated to follow the rules of the Activities and that Participant can minimize Participant’s risk of injury by doing so and through the exercise of common sense and by being aware of their surroundings.

If, while participating in the Activities and/or using the Equipment, the Participant observes any unusual hazard or condition, which they believe jeopardizes Participant’s personal safety or that of others, Participant will remove themself from participation in the Activities and/or use of the Equipment and immediately bring said hazard or condition to the attention of the Host.

Climbing is an independent experienceParticipant, and Participant’s parent or legal guardian if Participant is a minor, is fully responsible for Participant’s own expertise. While the Host offers orientation and training for all types of indoor climbing, Participant, and Participant’s parent or legal guardian if Participant is a minor, is responsible for seeking out and completing the appropriate initial orientation and training courses before Participant engages in any Activities. Participant also agrees to seek out and complete any re-training or refresher courses should they consider it necessary at any time. To the extent that Participant does not understand how to properly engage in the Activities, it is the responsibility of Participant to seek out additional education and/or training before engaging in the Activities.

Participant, and Participant’s parent or legal guardian if Participant is a minor, understands and accepts that floor padding cannot eliminate risk of serious injury or death. Participant, and Participant’s parent or legal guardian if Participant is a minor, agrees that the installed bouldering and roped climbing floor padding and other protections may only partially mitigate and do not eliminate all risk of serious injury or death resulting from a fall. These and other risks are associated with the Activities and cannot entirely be disassociated from climbing, which can result in losses to Participant, including emotional damage, bodily injury, permanent disability, paralysis, and even death.

Emergency Care: The Host is not a medical provider. To the extent that Participant is injured and requires emergency medical attention, 911 may be called. Participant, and Participant’s parent or legal guardian if Participant is a minor, understands and acknowledges that the Host has no legal duty or specialized ability to provide emergency medical care.

Media Release: Participant, and Participant’s parent or legal guardian if Participant is a minor, consents to the reproduction and use by the Host of photographs, videos, and other images and sound recordings of Participant without compensation, for advertising or other purposes in any and all media now existing or hereafter developed. Participant, and Participant’s parent or legal guardian if Participant is a minor, releases the Host from liability for any violation of any personal and/or proprietary right Participant may have in connection with such reproduction or use.

Dispute Resolution & Binding Arbitration: Participant, and Participant’s parent or legal guardian if Participant is a minor, agrees to engage in good faith efforts to mediate any dispute that might arise between them and Host. Should the issue not be resolved by mediation, Participant, and Participant’s parent or legal guardian if Participant is a minor, agrees that all disputes, controversies, and/or claims between the parties will be submitted to binding arbitration. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the “Panel”), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the Western District of North Carolina. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in Charlotte, North Carolina and shall be governed by the Federal Rules of Evidence. The substantive laws of the State of North Carolina shall apply. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter.

This Agreement, which consists of this and the previous pages, will apply to Participant’s participation in the Activities for the current and for all future visits, until cancelled in writing by Participant or Participant’s parent or legal guardian if Participant is a minor, or until it expires pursuant to the provisions of applicable law.

To the extent that any portion of this Agreement is deemed to be invalid under the law of the State of North Carolina, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding.

I/WE HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE NOT CHANGED IT ORALLY, AND SIGN IT VOLUNTARILY.

I FURTHER UNDERSTAND THAT I HAVE THE FREEDOM TO CHOOSE NOT TO PARTICIPATE, OR TO HAVE MY MINOR CHILD NOT PARTICIPATE, IN THE ACTIVITIES





Only individual participants 18 years of age or older or the parent/ legal guardian of a minor participant may complete this document. Please select who will be participating...
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First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Information
Gender*
Has the Participant climbed at Inner Peaks before:*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Information
Gender*
Has the Participant climbed at Inner Peaks before:*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Information
Gender*
Has the Participant climbed at Inner Peaks before:*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information
Gender*
Has the Participant climbed at Inner Peaks before:*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information
Gender*
Has the Participant climbed at Inner Peaks before:*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information
Gender*
Has the Participant climbed at Inner Peaks before:*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information
Gender*
Has the Participant climbed at Inner Peaks before:*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information
Gender*
Has the Participant climbed at Inner Peaks before:*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information
Gender*
Has the Participant climbed at Inner Peaks before:*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information
Gender*
Has the Participant climbed at Inner Peaks before:*
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

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*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Information
Gender*
Has the Participant climbed at Inner Peaks before:*
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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