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PARTICIPATION AGREEMENT AND AFFIRMATION OF LIABILITY RELEASE

CLIMBING WALL

PARTICIPANT ASSUMES ALL RISKS

In consideration of Dick’s Sporting Goods, Inc, its subsidiaries, affiliates, assignees, licensees, vendors, and/or agents. (“Dick’s”)furnishing a climbing wall and/or equipment to enable me to participate in indoor wall climbing, the receipt and sufficiency of which I acknowledge, I agree to and acknowledge the following:

1. The climbing wall is designed to provide a physical and mental challenge to an active participant.

2. The individual participant climbs the wall largely based on his or her own physical and mental stamina and strength. I certify that I am in good health and do not suffer from any heart condition or other ailment that could be exacerbated by the exertion involved in the rock wall climbing, rappelling, and use of the climbing wall and associated equipment.

3. Inherent risks, dangers, and hazards exist in rock wall climbing, rappelling, and use of the climbing wall and associated equipment.

4. My participation in rock wall climbing, rappelling, and/or use of associated equipment may result in injury or illness including, but not limited to, bodily injury, disease, public exposure to viruses, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability;

5. These risks, injuries, and dangers may be caused by the alleged negligence, recklessness, or gross negligence of the employees, officers, or agents of Dick’s and/or other rock wall climbing participants, as well as the potential failure of the equipment.

6. I am responsible for following all posted rules and/or instructions and agree to comply with any stated or customary rules or conditions of participating in the activity.

7. I am voluntarily participating in rock wall climbing, rappelling, and/or use of equipment with full knowledge of the potential risks of injury and/or death and hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the alleged negligence, recklessness, or gross negligence or other conduct of agents, officers, or employees of Dick’s or by any other person.

8. I authorize Dick’s to secure any and all emergency medical treatment for me in the event I am unresponsive or incapacitated. I also agree to pay all the costs and fees for any emergency medical care and treatment for me as secured or authorized under this consent.

9. An executed waiver and release of liability (completed at the time of registration and/or at the time of check-in for the activity) is required for participation.

10. If I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such hazard to the attention of Dick’s personnel.

Assumption of Risk. I understand and acknowledge that the rock wall climbing, rappelling, and/or use of any equipment or the facilities may be potentially very dangerous and include a significant risk of injury, illness, and/or damage to property, inherent or otherwise, including the potential for permanent paralysis and death. I KNOWINGLY AND FREELY ACCEPT and ASSUME ALL SUCH RISKS, both known and unknown, and all other risks and dangers that could arise out of, or occur during, my participation in the activity, EVEN IF ARISING FROM THE NEGLIGENCE, GROSS NEGLIGENCE, OR RECKLESSNESS of DICK’S or others, and assume full responsibility for my participation.

Release and Waiver. I, for myself and on behalf of my heirs, spouse, assigns, personal representatives and next of kin (“RELEASORS”), hereby represent that I am of legal age and of sound mind and HEREBY RELEASE, WAIVE, DISCHARGE, AND AGREE NOT TO SUE Dick’s, their officers, employees, agents, directors, shareholders, sponsors, insurers, owners of the premises, and/or others associated in any way with my participation in the activity (“RELEASEES”) FOR ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES, PRODUCT CLAIMS AND ANY OTHER ALLEGED LIABILITY that the Releasors may have WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY AS A RESULT OF MY INVOLVEMENT OR PARTICIPATION IN THE ROCK WALL CLIMBING, RAPPELLING, AND/OR USE OF ANY EQUIPMENT OR THE FACILITIES DURING MY PARTICIPATION, WHETHER ARISING FROM THE NEGLIGENCE, GROSS NEGLIGENCE, RECKLESSNESS OR OTHER CONDUCT OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. I UNDERSTAND AND AGREE THAT THIS IS A COMPLETE RELEASE AND DISCHARGE OF ALL CLAIMS AND RIGHTS I, ON BEHALF OF MYSELF AND THE RELEASORS MAY HAVE AGAINST DICK’S GROUP AND THAT NO ACTION WILL BE TAKEN BY OR ON BEHALF OF RELEASORS WITH RESPECT TO ANY SUCH RIGHTS.

Indemnification. I further agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND in any action or proceeding, Dick’s from and against all Claims for or relating to my participation in the rock wall climbing, rappelling, and/or my use of any equipment or facilities, or for my failure to comply with the terms of this Agreement, regardless of whether the act or omission complained was caused in whole or in part by the negligence or recklessness in any form of Dick’s.

Photographs and Recordings. All photographs, video, film, or recordings of me (the “Materials”) obtained by Dick’s during my participation are owned by Dick’s. I grant Dick’s the absolute worldwide right and permission, in perpetuity, to use and publicize any such Materials, including, without limitation, my name, image, likeness, voice, opinions, or other aspects of my identity (my “Identity”), in any and all media, including but not limited to print, digital, and social media, for illustration, art, editorial, trade, advertising and/or promotional purposes, without the need for my approval or compensation. Further, I acknowledge and agree that DICK’S will not be responsible for any unauthorized third-party reproduction or use of such photographs or recordings including the Materials or my Identity. I, on behalf of the Releasors, hereby RELEASE, DISCHARGE, AND AGREE NOT TO SUE Releasees from any and all claims and demands arising out of or in connection with the use, alteration, distortion or illusionary effect or use in any composite form of my Identity or the Materials, including without limitation any and all claims for libel or invasion of privacy.

Student-Athletes. If I am a student-athlete at the high-school or collegiate level, I acknowledge and agree that, (i) I am responsible for my own high-school eligibility, collegiate eligibility and/or amateur standing, (ii) I am aware of, and agree to comply with, all rules, regulations, and bylaws of my state association and of any national federation responsible for administering or regulating interscholastic athletics, and of my educational institution, conference, the NCAA or other regulatory authority, that may be applicable to my participation in the Project, (iii) I understand the consequences of any failure to comply with such rules, including but not limited to, loss of my eligibility to participate in future athletic contests in any sport at the high school, collegiate or other level, and (iv) I waive any right to inspect and/or approve the Materials that may be used in connection with my Identity or the use to which said Materials may be applied.

Governing Law. This document is governed by the laws of the Commonwealth of Pennsylvania. If I am a minor, my parent or guardian is signing individually, and on my behalf and we each agree to be bound by the terms of this agreement.

Severability. I expressly agree that the foregoing assumption of risk, release and waiver of liability and indemnity provisions are intended to be as broad and inclusive as is permitted by the law of the Commonwealth of Pennsylvania and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

I HAVE READ THE ABOVE WAIVER AND RELEASE AND BY SIGNING IT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY EXECUTING IT. I FURTHER REPRESENT THAT I AM OF LEGAL AGE AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. 

Today's date: April 19, 2024

First Participant's Name

First Name*

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email
A signed copy of this waiver will be sent to the email address you provide.

IF PARTICIPANT IS UNDER AGE 18 AT THE TIME OF REGISTRATION:

This is to certify that, I, as parent/guardian with legal responsibility and authority to sign for this participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of the rock wall climbing, rappelling, and use of equipment, and his/her responsibilities for adhering to the rules and instructions. Furthermore, my child/ward understands and accepts these risks and responsibilities. I, for myself, child’s other parents/guardians, and child/ward do release and agree to indemnify and hold harmless the Releasees for any and all claims, actions, and/or liabilities arising from or in any way relating to my child’s/ward’s participation in rock wall climbing, rappelling, and/or use of equipment even if arising from the negligence, recklessness, or gross negligence of Releasees to the fullest extent permitted by law.



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*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
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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