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BEND ROCK GYM-RELEASE OF LIABILITY AND ASSUMPTION OF RISK

BEND ROCK GYM – RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION, AND PARTICIPATION AGREEMENT

I, the undersigned individual, request to use Bend Rock Gym (“Bend Rock Gym” or “BRG”) facilities and/or to participate in activities that are sponsored by or involve Bend Rock Gym, including outdoor programs and off-site competitions. In consideration of Bend Rock Gym permitting me to use these facilities and/or permitting me to participate in or observe these activities, I agree to this Release of Liability, Assumption of Risk, Indemnification, and Participation Agreement (the “Release”). I HEARBY ACKNOWLEDGE AND AGREE to the following:


1. ASSUMPTION OF RISK:
I hereby acknowledge, accept, and agree that the sport of climbing, both indoor and outdoor, and the use of Bend Rock Gym facilities, participation in Bend Rock Gym activities, including outdoor programs, related fitness activities (e.g., yoga, weightlifting), and/or observation of these activities involves inherent risks. I have had the opportunity to ask all questions regarding Bend Rock Gym and its related activities and have received full information. I acknowledge and understand that no amount of care, caution, instruction, or expertise can eliminate the inherent dangers associated with these activities. I have personally assessed the climbing walls and climbing areas and acknowledge the nature and extent of all the risks associated with climbing, the use of Bend Rock Gym facilities, and participation in Bend Rock Gym activities, including, but not limited to:

a. All potential injury resulting from falling off the climbing walls and contact with the climbing pads or floor, the climbing walls, holds or artificial rock features, people or personal effects, whether permanently or temporarily in place;

b. All potential injury resulting from participation in athletic activities, both at Bend Rock Gym facilities or in offsite activities sponsored by or involving Bend Rock Gym, including outdoor programs and off-site competitions;

c. All potential injury or illness resulting from participation in activities that involve contact with high touch points and common areas with other individuals, such as climbing walls, holds, ropes, counter and seating surfaces, lockers and cubbies, safety flooring, weightlifting and fitness equipment, and yoga equipment;

d. All potential injury resulting from activities on or near the climbing walls, including but not limited to climbing, belaying, rappelling, auto belays, rescue systems, and any other rope techniques;

e. All potential injuries resulting from the actions or omissions of other individuals, including but not limited to falling climbers or dropped items, including but not limited to ropes, climbing gear and hardware, holds, wall parts and artificial rock surfaces, or personal effects;

f. All potential injuries resulting from skin contact with the climbing walls, holds, or any other surface;

g. All potential injuries resulting from improper use or failure of ropes, slings, harnesses, climbing holds, anchor points, belay devices, auto belays, other climbing equipment, the climbing walls, weightlifting equipment, yoga equipment, and other fitness equipment;

h. All potential injuries resulting from failure to follow Bend Rock Gym personnel instruction or failure to ask for information or assistance.

I further acknowledge that the above list is not exhaustive of all potential risks associated with climbing and the use of Bend Rock Gym facilities and in no way limits the extent or reach of this assumption of risk, release of liability, and indemnification. I understand that no amount of care, caution, instruction, or expertise can eliminate the inherent dangers associated with these activities.

I attest that I have both the physical and mental capacity to participate in and use Bend Rock Gym facilities and all Bend Rock Gym activities. I understand that if my mental or physical capacity changes after the execution of this Release such that I am no longer able to participate in the activity or use the equipment, I am obligated to immediately cease participation in the activity or activities. To avoid any illness, serious injury, or death, Bend Rock Gym has advised that I consult a physician before returning to and engaging in physical activities.

I acknowledge and accept that there are risks associated with the use of, participation in, and observation of activities at Bend Rock Gym other than climbing-related activities, including but not limited to the use of weightlifting and exercise equipment or participation in exercise classes, including but not limited to yoga.

I acknowledge and accept that there are unavoidable risks associated with my decision to enter and remain as an invitee in public spaces, both indoor and outdoor, for any period of time. I acknowledge and accept that there are unavoidable risks associated with my presence near other individuals, including their actions and decisions with or without regards to personal hygiene and health. I understand that no amount of sanitizing, cleaning, or precaution can eliminate the risk of harm or death from any virus, bacterium, or microorganism.

I acknowledge and accept that climbing at Bend Rock Gym facilities on artificial climbing walls is not equivalent to outdoor rock climbing or other artificial rock climbing. I acknowledge and accept that the instruction I may receive from Bend Rock Gym or at Bend Rock Gym facilities is not necessarily accurate or transferable to outdoor rock climbing or other artificial rock climbing. I acknowledge and accept that the instruction I receive at Bend Rock Gym facilities does not prepare me to climb without supervision. I acknowledge and accept that the holds used on artificial climbing walls can and do break and drop.

I acknowledge and accept that I am not permitted to train, teach, coach, or instruct others in climbing techniques, methods, or safety strategies within Bend Rock Gym facilities or at events sponsored by or that involve Bend Rock Gym. Climbing techniques, methods, and safety strategies include but are not limited to top rope belay, lead belay, lead climbing, anchor set up, multipitch, self-rescue, free solo, rope solo, big wall setup, or ice climbing. Parties expressly granted permission by Bend Rock Gym personnel to train, teach, coach, or instruct others are exempt from this limitation.

I acknowledge and accept that climbing gear and other equipment may become damaged or defective. I understand that I am responsible for examining and assessing my own equipment that I use and warrant that I am capable of performing these examinations and assessments. If equipment belonging to Bend Rock Gym becomes damaged while I am using it or I otherwise become aware of damaged Bend Rock Gym equipment, I will inform Bend Rock Gym personnel immediately such that they can evaluate the equipment.

2. RELEASE AND INDEMNIFICATION:
I expressly agree to accept and assume all the risks associated with these activities and facilities, both known and unknown, either caused or alleged to be caused by the negligent acts or omissions of Bend Rock Gym and others. My participation is purely voluntary and I elect to participate in consideration of the risks. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Bend Rock Gym; its subsidiaries, officers, owners, affiliates, agents, and employees; the landlord of Bend Rock Gym facilities; the designers and engineers, manufacturers, installers or distributors of Bend Rock Gym’s artificial climbing walls and other equipment; and any of their respective members, officers, directors, employees, agents, representatives, as well as any other persons, corporations, or other entities that might have any liability to me (collectively, the “Released Parties”), from and against any and all damages, actions, claims, suits, demand actions, and liabilities, whether known or unknown, anticipated, suspected or unsuspected, now or any time in the future, in anyway relating to or arising from any activity, occurrence or event, whether supervised or not, including, without limitation, all claims for property damage, personal injuries, or wrongful death involving Bend Rock Gym, Bend Rock Gym facilities, or any of the Released Parties, including claims that allege negligent acts or omissions with the exception of gross negligence, or intentional, willful, or wanton misconduct.

I understand and agree that Bend Rock Gym and its personnel reserve the right to deny access to its facilities to any individual, permanently or for any specified period of time, for any violation of Bend Rock Gym’s policies, rules and regulations, or for any conduct that is viewed as unhealthy, unsafe, or inappropriate.

I further understand and agree that I am solely responsible for my personal property while it is at Bend Rock Gym facilities or events sponsored by or that involve Bend Rock Gym, including but not limited to inside the facilities, the surrounding outdoor premises, and the associated parking areas. Bend Rock Gym and its personnel assume no responsibility for any lost or stolen property. I understand and agree that it is my responsibility to keep all my personal property under observation or secured. If I become the victim of a theft, I will report it immediately to Bend Rock Gym personnel.
Should Bend Rock Gym or anyone acting on its behalf, be required to incur attorney’s fees and costs to
enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

3. GOVERNING LAW AND SEVERABILITY:
This Release shall be governed by Oregon law, without regard to its conflict of law rules, including its validity and enforceability, and construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I agree that if any portion of this Release is held to be invalid, void, or unenforceable, the remaining portions shall nonetheless remain in full force and effect.
This agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, and assigns, in the event of my death. By signing this Release, I waive the right to bring a court action to recover compensation or obtain any other remedy for any injury to my property or myself, or for my death, however caused, arising out of my use of Bend Rock Gym facilities, now or any time in the future, whether cause by Bend Rock Gym’s negligence or that of its officers, agents, or employees. I agree to pay for all legal fees accumulated by Bend Rock Gym, incurred by any claims made by me or on my behalf.

I AM OVER 18 YEARS OF AGE AND HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I UNDERSTAND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS BY USING THE FACILITIES. I HAVE HAD THE OPPORTUNITY TO ASK QUESTIONS ABOUT THIS DOCUMENT AND I AM SATISFIED BY ANY ANSWERS BEND ROCK GYM HAS PROVIDED. I HAVE READ AND I UNDERSTAND THIS DOCUMENT AND I AGREE TO BE BOUND BY ITS TERMS.

Dated: April 27, 2024

First Participant's Name

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First Participant's Signature*
Second Participant's Name

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Third Participant's Name

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Eighth Participant's Name

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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.


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.
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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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