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PARTICIPANT AGREEMENT

[Including Assumption of Risk and Agreement of Release and Indemnity]

PLEASE READ CAREFULLY BEFORE SIGNING.

This Agreement must be signed by all adult participants in activities of Fiddlehead Farm and Forest, LLC, a North Carolina limited liability company (“Fiddlehead”). If the participant is a minor, it must be signed by his or her parent or legal (court appointed) guardian, who signs for himself or herself and, if allowed by law, the minor participant. “Participant” as used in this Agreement includes participants of Fiddlehead Activities (see below) and other persons in an activity area. In consideration of the services of Fiddlehead, I, an adult participant or parent or legal guardian of a participant who is a minor, acknowledge and agree as follows:

ACTIVITIES: This Agreement applies to facilities operated by Fiddlehead, whether or not on premises owned by the Fiddlehead, leased from third parties or otherwise used by Fiddlehead, and all “Fiddlehead Activities”, which include, but are not limited to, the following: the use of roped (top rope, auto-belay and lead climbing) climbing walls, bouldering areas, weights and other training and fitness equipment, the use of bikes on dirt and wood features, and on bike park features, participation in activities or events including gear demonstrations, parties, clinics, training, and other fitness classes, remote outdoor climbing and biking, camps and classes, travel to other activity sites, use of the gym, use of parking areas, the rental or borrowing of equipment from Fiddlehead, and other activities and use of Fiddlehead Facilities and equipment located at Fiddlehead gym or elsewhere.

RISKS: I recognize and understand that there are risks, hazards and danger in Fiddlehead Activities, inherent and otherwise, and that participation could result in injuries of all kinds, including serious injury or death. The risks involved in Fiddlehead Activities include, but are not limited to: hazards in traveling to the location of an activity; parking and moving about parking and other areas in the vicinity of the Fiddlehead gym or other activity site; falling, collision with objects, people or structures, falling onto uneven, worn or hard landing surfaces; being struck by other participants or objects; loose handholds or loose rocks or loose dirt, equipment failure even if equipment is properly used; the conduct, including negligent conduct, of other participants, visitors and staff; harm due to exposure to weather, plants or wildlife; and the aggravation of pre-existing conditions. These and other risks are inherent in a visit to a Fiddlehead Facilities or other activity site – that is, they cannot be eliminated without changing the nature of the visit and participation in Fiddlehead Activities. Participation in Fiddlehead Activities is voluntary and participants may withdraw from participation at any time.

ASSUMPTION OF RISKS: I have a responsibility to myself and other users of Fiddlehead, to conduct myself in a safe manner. As directed by Fiddlehead, I will watch Fiddlehead's basic climbing instruction video, participate in an orientation and/or receive basic instruction before climbing or belaying. If I am unsure about how to safely engage in any activities at any time, I will ask Fiddlehead staff for further instruction BEFORE participating. I am in good health and have no condition that will affect my safe participation in the activities, or else I assume and agree to bear the costs of all risks that may be created, directly or indirectly, by such conditions. I will not use Fiddlehead under the influence of drugs or alcohol or while in any other condition that might be impairing. I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the activities, or else I agree to bear the costs of such injury or damage.

Participants are responsible for the inspection, maintenance and replacement of their personal equipment and for following the manufacturers' instructions for use. Failure of personal equipment is an inherent risk of climbing and biking. The participant waives all claims against Fiddlehead for personal equipment misuse or failure. Participant acknowledges that Fiddlehead is not responsible for inspecting or certifying any equipment not owned by Fiddlehead and that the risk of using personal equipment is born by the participant.

RELEASE OF LIABILITY AND INDEMNITY: I, an adult participant, or parent or guardian of a participant who is a minor (for myself and, to the maxi- mum extent allowed by law, on behalf of the minor) agree not to sue, and to release, discharge and indemnify (that is, defend and pay, including costs and attorney’s fees) The Fiddlehead Farm and Forest LLC, lessees and owners of the Fiddlehead Facilities, and lessees and owners of other properties on which Fiddlehead Activities are conducted, and their respective members, owners, managers, directors and staff (“Released Parties”) with respect to any damages, claims, liability, or causes of action arising out of my or the minor child’s visit to Fiddlehead Facilities, or other site where Fiddlehead Activities take place, the use of Fiddlehead Facilities and equipment and participation in Fiddlehead Activities. The obligation to indemnify includes any claim, liability, or cause of action by third parties, including other visitors, and a member of my, or the minor participant’s, families, arising out of my, or the minor participant’s, visit to the Fiddlehead gym, other Fiddlehead Facilities or other Fiddlehead activity sites, the use of Fiddlehead facilities and equipment and participation in Fiddlehead Activities. These agreements of release and indemnity include claims of negligence (but not gross negligence or intentionally wrongful conduct) of a Released Party.

OTHER: I, or the minor participant, am capable of participating in Fiddlehead Activities and have no mental or physical condition that would cause me or the minor participant to be a danger to ourselves or others. I understand that I am responsible for assessing the quality of my, and the minor participant’s, climbing, biking, or fitness gear brought to the gym or other activity site and declare that it is in good condition for use. I understand that Fiddlehead is not liable for any lost or stolen equipment or personal items brought to Fiddlehead Facilities or other Fiddlehead activity site. I understand that in order to participate in Fiddlehead Activities I, for myself or for the minor participant of whom I am a parent or legal guardian, must sign this agreement; I, or the minor, must complete whatever instructional program Fiddlehead requires for the particular activity; and I, or the minor, must read and abide by the Fiddlehead Rules and Regulations. In the event of an accident, I authorize Fiddlehead to stabilize and obtain medical care, including transportation to a medical facility, for me or the minor participant if, in the opinion of Fiddlehead, medical care is needed and I am unable to make such decisions for myself. I agree to pay all costs associated with such actions on the part of Fiddlehead, and to indemnify and hold Fiddlehead harmless from any consequences resulting from such care.

POLICIES. I, an adult participant, or parent or guardian of a participant who is a minor, acknowledge and agree: (1) to read and abide by the General Polices, the Bike Park Policies, and the Climbing Gym Policies as posted on the Fiddlehead’s website, as well as, any and all other policies posted at the Fiddlehead or at any facilities operated by the Fiddlehead (collectively the “Fiddlehead Policies”), including the policy that, at all times, a parent or guardian must accompany and supervise any participant under the age of 14; and (2) that the Fiddlehead has the right to suspend or terminate any participant’s membership or participation in Fiddlehead Activities or access to Fiddlehead Facilities for violation of any of the Fiddlehead Policies.

Fiddlehead is hereby authorized to take photos and video of me or the minor in connection with participation in Fiddlehead Activities and has my permission to use my, or the minor’s, name and likeness, without compensation, for marketing and other promotional purposes. If a party seeks either to enforce its rights under this Agreement or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred. I understand that this Agreement shall continue in effect and remain in force in perpetuity from the date it is executed, and covers my, or the minor participant’s, participation in all Fiddlehead Activities including use of its facilities, equipment and parking areas.

If any portion of this Agreement is held invalid, the remaining portions shall survive and continue in full force and effect. This Agreement shall be construed in accordance with the laws (but not the conflict of laws provisions which might invoke the laws of another juris- diction) of the State of North Carolina and for any suit, mediation or other resolution of a dispute arising under this Agreement I, for myself and on behalf of the minor participant hereby submit to the exclusive jurisdiction of the courts of North Carolina with venue proper in Henderson County, North Carolina. I voluntarily waive any right I or the minor child may have to a jury trial in any action under this Agreement.

I HAVE CAREFULLY READ, UNDERSTAND, AND VOLUNTARILY SIGN THIS ACKNOWLEDGMENT AND ASSUMPTION OF RISKS, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT. I intend for it to apply to the fullest extent allowed by law, and to be binding upon members of my, or the minor child’s, family, and our respective, heirs, assigns, and administrators.

Date: April 15, 2025

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*
How Did You Hear About Fiddlehead?
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NC Visitors Center
Pamphlet/Brochure
Social Media
Word of Mouth/Friends/Family
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Address Line 1:
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Address Line 2:
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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.


I, an adult participant, or parent or guardian of a participant who is a minor, acknowledge and agree: (1) to read and abide by the General Polices, the Bike Park Policies, and the Climbing Gym Policies as posted on the Fiddlehead’s website, as well as, any and all other policies posted at the Fiddlehead or at any facilities operated by the Fiddlehead (collectively the “Fiddlehead Policies”), including the policy that, at all times, a parent or guardian must accompany and supervise any participant under the age of 14 years; and (2) that the Fiddlehead has the right to suspend or terminate any participant’s membership or participation in Fiddlehead Activities or access to Fiddlehead Facilities for violation of any of the Fiddlehead Policies. 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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