ACCIDENT WAIVER AND RELEASE OF LIABILITY

In consideration of the services of Rifle Climbing Center (“RCC”), its agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf I hereby agree to release and discharge RCC on behalf of myself, my parents, my heirs, assigns, personal representative and estate as follows:

1. Inherent Risks. I acknowledge that any climbing activity such as rock climbing (rock climbing includes, but is not limited to bouldering, belaying, repelling, traditional climbing, sport climbing, climbing on a training board or other type of training device, being at the base of a climbing route below people who are climbing, and using gym equipment for training) entails known and unanticipated risks that could result in physical or emotional injury, death, or damage to myself, to property, or to third parties. I understand and acknowledge that the enjoyment and excitement of adventure activities is derived in part from inherent risks incurred by these activities beyond the accepted safety or life at home or in my normal day-to-day activities and that these inherent risks contribute to my enjoyment and excitement and are an integral reason for my participation in this activity. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. I also understand and acknowledge that failing to use or properly use safety type equipment increases my risk of injury or of not surviving an accident or incident while rock climbing.

The inherent risks associated with the climbing activities, climbing classes, training classes, and/or birthday parties in which I am about to participate include, but are not limited to: falling or slipping on a climbing or bouldering route at RCC; it is possible that I could be injured by another climber either above or below me while climbing or bouldering at RCC; it is possible that I could be injured while utilizing the moon board, kilter board, connect board, tension board, campus boards, finger boards, cardio equipment, children’s equipment, weightlifting equipment, gym equipment or training devices at RCC; I understand that rescue and medical treatment may not be immediately available.

I acknowledge that I am ultimately responsible for my own safety during my participation in activities at RCC.

I acknowledge that I may choose to participate in activities that are provided by other vendors or operators over which RCC has no control.

Those activities are incidental to the activities provided by RCC and may involve errors in judgment by the other vendors or operators for which RCC can be no liability. RCC is not a common carrier but rather is in the business of providing a venue for bouldering, indoor rock climbing and fitness training. RCC is not responsible for transportation to or from RCC. RCC staff have difficult jobs to perform. They seek safety, but they are not infallible. They may be ignorant of a participant's fitness or abilities. They may misjudge the equipment. They may give inadequate warnings or instructions and/or I as the participant may fail to listen or hear or understand the safety directions.

I specifically acknowledge that decisions made by RCC staff and participants are often made based on imprecise momentary and subjective perceptions so that decisions are subject to errors in judgment that cannot and should not be associated with fault at a later point in time.

2.Express Assumption of Risk: As lawful consideration for being allowed to participate in activities offered by RCC, I expressly agree and promise on behalf of myself and any of the children for which I am responsible, to accept and assume all the risks existing in this activity. My/our participation in this activity is purely voluntary, and I/we elect to participate despite the risks. I/we expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I/we are signing it of our own free will.

3. Release and Waiver of Rights Including Claims for Negligence: On behalf of myself and any of the children for which I am responsible, I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless RCC from any and all claims, demands, or causes of action which are in any way connected with my participation in this activity or my/our use of RCC equipment or facilities, including any such claims which allege negligent acts or omissions of RCC.

4. Indemnity: Should RCC or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree on behalf of myself and any of the children for which I am responsible to indemnify and hold them harmless. In other words, I agree to pay for all such fees and costs.

5.Personal Skills and Insurance: I certify on behalf of myself and any of the children for which I am responsible that I/we have sufficient skill and fitness to participate in the activities offered by RCC. I further certify that I/we have no medical, mental or physical conditions which could interfere with my/our safety or ability to participate in these activities, or else I/we are willing to assume and bear the cost of all risks that may be created directly or indirectly by any such condition. I/we further certify that I/we have adequate insurance to cover any injury, damage or emergency transportation or search and rescue costs I/we may cause or suffer while participating, or else agree to bear the costs of such injury, damage or emergency transportation costs ourselves.

6.Medical Issues: I agree on behalf of myself and any of the children for which I am responsible that, in the event that RCC deems it necessary to administer emergency First Aid or CPR or to remove me/us from its activities or premises, or from the field, or to seek emergency medical care for me/us that, by signing this document, I/we are giving RCC permission to: administer emergency first aid or CPR, secure emergency transport or medical care, and/or disclose any medical information it may have about me/us to any healthcare provider which may become involved in my/our care, treatment, or removal from the field. By signing this document, I/we are waiving any right to object to or bring any type of action or claim against RCC for its administration of emergency First Aid or CPR or for securing emergency transport medical care and/or for the disclosure of personal medical information it may have about me/us to any health related person who becomes involved in my/our care or removal from RCC activities or the field.

7. COVID-19 and Communicable Diseases:I agree to abide by all applicable COVID-19 and other communicable disease related requirements, advisories, policies, procedures, and protocols of RCC, as well as the CDC, the state of Colorado, and any other governmental authority while I am at RCC. I understand the risk that I may be exposed to or infected by a communicable disease by participating in activities at RCC and that such exposure or infection may result in quarantine requirements, serious illness, permanent disability and or death. I further understand that the risk of becoming exposed to or infected by a communicable disease at RCC may result from the actions, omissions, or negligence of myself and others, including, but not limited to, RCC, it’s officers, employees, contractors, agents, representatives, sponsors, other participants, and any owners and lessors of premises used to conduct activities at RCC. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES AND ASSUME FULL RESPONSIBILITY FOR MY PARTICIPATION AT RCC.

8. Photographic Assignment: I understand that RCC reserves the right to take photographic or film of whatsoever nature records of any or all its activities or trips and on behalf of myself and any of the children for which I am responsible. I/we hereby agree that RCC may use such records for promotional and/or commercial purposes without any renumeration to me. I/we hereby assign all right, title and interest I/we may have in or to any and all media in which my name or likeness may be used by RCC.

9. Releases as Contracts and Personal Capacity: On behalf of myself and any of the children for which I am responsible, I expressly agree or acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, the Assumption of Risks and Indemnity Agreement are contractual in nature and that I/we are signing it of my/our own free will. I/we expressly acknowledge that I/we are not under the influence of drugs or alcohol at the time of my/our signing of this document and that there are no other impediments or reasons why I/we would lack the capacity to enter into this contract with RCC.

10. Forum Selection, Severability, Breach of Contract/Warranty Waiver, etc: In the event I/we file a lawsuit against RCC, I/we agree to do so solely in the state of Colorado, and I/we further agree that the substantive law of the state shall apply in that action without regard to the conflict of law rules of that state, and I/we hereby irrevocably waive any other jurisdiction or venue to which I or my estate might otherwise have been entitled. I/we agree to submit to the jurisdiction of the Colorado courts, specifically Garfield County. I/we agree that if any portion of this agreement/contract is found to be void or unenforceable, the remaining portion shall remain in full force and effect. This document is intended to be interpreted as broadly as possible. A copy of this release contract can be used as if it were the original. I/we understand that this document constitutes the entire agreement/contract between ourselves and RCC and that it cannot be modified or changed in any way by representations or statements of any nature (be they vocal, advertising, etc.), outside of this document. In other words, I/we are also waving any claims I/we might have for breach of contract or warranty for statements or representations made outside of this release contract.

By signing this document, I acknowledge for myself and any of the children for which I am responsible, that if anyone is hurt or property is damaged during my participation in this activity, I/we may be found by a court of law to have waived my/our right to maintain a lawsuit against RCC on the basis of any claim from which I/we have released them herein.

I/we have had sufficient opportunity to read this entire document both pages. I/we have read and understood it, and I/we agree to be bound by its terms.

I/we understand that this waiver terminates one year after the effective date and that I will need to sign an annual waiver in order to use the RCC.

Parent or Guardian Additional Indemnification and Signature:
(Must be completed for participants under 18 years of age)

I/we represent that I/we have complete and absolute authority to bind, contract for and legally act on behalf of the minor child listed below. I/we believe and represent that I/we have the legal authority to make the waivers and releases contained herein. I/we understand and acknowledge that RCC relies to its detriment on this representation. In consideration of my child or ward (Minor) being permitted by RCC to participate in its programs or activities, I further agree to indemnify, (In other words, I agree to pay for) and hold harmless from any/all claims which are brought by/or on behalf of minor and which are in any way connected with minor's use or participation.

Date: April 4, 2025