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ROCKSPORT PARTICIPANT AGREEMENT

10901 Plantside Drive
Louisville, KY  40299
502-266-5833

ASSUMPTION OF RISK, WAIVER, and AGREEMENT OF RELEASE AND IDEMNITY

PLEASE READ CAREFULLY BEFORE SIGNING.

This Agreement must be signed by all adult participants in activities of RockSport, LLC, a Kentucky limited liability company (“RockSport”). 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 in RockSport Activities (see below) spectators and all other persons in the area where RockSport Activities are taking place. In consideration of the services of RockSport, I, an adult participant or parent or legal guardian of a participant who is a minor, acknowledge and agree as follows:

1. ACTIVITIES: This Agreement applies to facilities operated by RockSport, on premises leased from third parties by certain RockSport subsidiaries, and any and all other locations where RockSport activities are taking place. Activities of RockSport (“RockSport Activities”) 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, participation in activities or events including gear demonstrations, parties, clinics, training, yoga and other fitness classes, remote outdoor climbing, camps and classes, travel to other activity sites, use of parking areas, the rental or borrowing of equipment from RockSport, and other activities and use of facilities and equipment at a RockSport gym or elsewhere.

I have read and understand the above risks to participating in RockSport Activities 


2. RISKS: I recognize and understand that there are risks, hazards and danger in RockSport Activities, inherent and otherwise, and that participation could result in injuries of all kinds, including bodily injury, disease (including COVID-19), sprains, strains, fractures, partial and/or total paralysis, head injury, concussion, traumatic brain injury, heat stroke, heart attack, death or other ailments that could cause serious disability or death. The risks involved in RockSport 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 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 rock, 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 risks and dangers may arise from foreseeable or unforeseeable causes. These and other risks are inherent in a visit to a RockSport facility or other activity site – that is, they cannot be eliminated without changing the nature of the visit and participation in RockSport Activities. Participation in RockSport Activities is voluntary, and participants may withdraw from participation at any time.                 

I have read and understand the above risks to participating in RockSport Activities


3. ASSUMPTION OF RISKS: Understanding these risks and dangers, and understanding that other risks will be encountered, I expressly assume all risks associated with RockSport Activities, inherent and otherwise, and whether or not described above. I hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, employees of RockSport, or by any other person.  

I have read and understand I am assuming all risks in participating in RockSport Activities


4. I understand that RockSport Activities, include extreme physical activities that can and will push my physical limits.  I acknowledge that I or the minor participant, can participate in RockSport Activities and have no mental or physical condition that would cause me or the minor participant to be a danger to ourselves or others. 

5. I understand that I am responsible for assessing the quality of my, and the minor participant’s, climbing or fitness gear brought to the gym or other activity site and declare that it is in good condition for use. I understand that RockSport is not liable for any lost or stolen equipment or personal items brought to RockSport facilities or other RockSport Activity site.   I further understand that RockSport does not assume any responsibility for or make any guarantees regarding personal gear; and that I alone am responsible for my gear’s condition. I further understand that if I am using RockSport equipment I am to immediately notify RockSport employees of any potential defects I observe.  

6. I understand that in order to participate in RockSport Activities I, for myself or for the minor participant of whom I am a parent or legal guardian, must sign this agreement.  

7.  I understand that I, or the minor who I am responsible for, must complete whatever instructional program RockSport requires for any particular activity before participating in it.   I agree that I will not participate in any activity without understanding and assuming the risks for any activity.  I understand that I am responsible for conducting any activity in RockSport safely.  I understand that I am responsible for my own actions for my safety and the safety of others.  

8. I, and/or the minor, must read and abide by the RockSport Rules and Regulations.  I agree that I have been provided a copy of the Rules and Regulations of RockSport; I further agree that I have read and understand the Rules and Regulations of RockSport.


9.  I understand that even if I am spectating, I must follow all instructions, and that I am responsible for my own safety and the safety of others.  RockSport Activities include inherently dangerous activities that require full awareness and attention of both Participants and spectators.  I assume all risks and liability for any of my actions in participating and spectating.  

10.  If I am in a party with minor children, I understand that I am responsible for their behavior.  I further understand that I must supervise them for the minor’s safety and the safety of other climbers.  I understand that this Agreement will contain a release where I will ultimately be responsible for the claims of any minors under my supervision.  

11. In the event of an accident, I authorize RockSport to stabilize and obtain medical care, including transportation to a medical facility, for me or the minor participant if, in the opinion of RockSport, 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 RockSport, and to indemnify and hold RockSport harmless from any consequences resulting from such care.  

12.  I understand that in the event of an injury or becoming aware of a potentially hazardous condition I am to immediately alert RockSport staff.  

13. RockSport is hereby authorized to take photos and video of me or the minor in connection with participation in RockSport Activities and has my permission to use my, or the minor’s, name and likeness, without compensation, for marketing and other promotional purposes.  

14. If RockSport seeks either to enforce its rights under this Agreement or seeks a declaration of any rights or obligations under this Agreement, RockSport shall be awarded its reasonable attorney fees, and costs and expenses incurred.  

15. 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 RockSport Activities including use of its facilities, equipment and parking areas.  

16. If any portion of this Agreement is held invalid, the remaining portions shall survive and continue in full force and effect.  

17.  In addition, the undersigned acknowledges that novel coronavirus (“COVID-19”) infections have been confirmed throughout the United States, including several cases in Kentucky.  In accordance with the most recent guidance and protocols issues by the World Health Organization (WHO, the Centers for Disease Control and Prevention (CDC), and the Commonwealth of Kentucky for slowing the transmission of COVID-19 the undersigned hereby Agrees represents and warrants that neither the undersigned nor such participating minors shall visit or utilize the facilities, services, and programs of RockSport within 14 days after (i) returning from highly impacted areas subject to a CDC Level 3 Health Notice, (ii) exposure to any person returning from areas subject to a CDC Level 3 Travel Health Notice, or (iii) exposure to any person who has a suspected or confirmed case of COVID-19.  The undersigned hereby agrees represents and warrants that neither the undersigned nor such participating minors shall visit or utilize the facilities of RockSport if he/she (i) experiences symptoms of COVID-19, including without limitation, fever, cough, shortness of breath, or (ii) has a suspected or diagnosed/confirmed case of COVID-19.  The undersigned agrees to notify RockSport immediately if he/she believes that any of the foregoing access/use restrictions may apply.  [inital]

18.  RELEASE OF LIABILITY AND INDEMNITY: I, on behalf of myself, my personal representatives and my heirs, hereby voluntarily agree to release, waive, discharge, hold  harmless, defend, and indemnify, to the full extent allowed by law, RockSport and it's owners, agents, officers and employees from any and all claims, actions or losses for bodily injury, property damages, wrongful death, loss of services or otherwise which may arise out of my use of RockSport  equipment, my participation in RockSport activities or presence at any location where a RockSport activity is taking place.  I understand I am also releasing claims for injury, damage, or loss related to COVID-19 or other diseases allegedly on or from RockSport property or people using it.  I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers or employees of RockSport.

I understand I am releasing RockSport and its agents for all liability related to my participation in RockSport Activities


19. This Agreement shall be construed in accordance with the laws of the Commonwealth of Kentucky 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 Jefferson County, Kentucky. 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 all members of my, or the minor child’s, family, and our respective, heirs, assigns, and administrators.  


Today's Date: May 8, 2024

First Adult's Name

First Name*

Middle Name

Last Name*

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

Last Name*
Tenth Adult's Date of Birth*
Adult'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*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
I, an adult participant, or parent or guardian of a participant who is a minor (for myself and, to the maximum 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) RockSport LLC, lessees and owners of the properties on which RockSport 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 RockSport facilities, or other site where RockSport Activities take place and the use of its facilities and equipment and participation in RockSport Activities. I understand that I am required to supervise any minor participant I sign for and ultimately responsible for any minor participants safety and thus I am liable for any injury of the minor participant that I sign for. I further understand my obligation to defend and indemnify includes defending any claim, liability, or cause of action by the minor participant, 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 gyms or other RockSport activity site, the use of its facilities and equipment and participation in RockSport Activities. These agreements of release and indemnity include claims of negligence (but not gross negligence or intentionally wrongful conduct) of a Released Party.


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*

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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