The individual named below desires: (a) to use or be granted access to one or more of Salt Pump Climbing Co. or Evo Rock + Fitness centers (“Facility” or “Facilities”) owned or operated by Salt Pump Climbing Center, LLC, Salt Pump Portsmouth, LLC, MRG Climbing LLC, and/or a direct or indirect subsidiary of any of the foregoing entities (collectively, along with any and all other entities which may be owned, directly or indirectly, through a subsidiary or series of subsidiaries, in whole or part, by any of the foregoing entities, or any parent, affiliate, or equity holder of any of the foregoing entities, and all of their predecessors and successors in interest, the “Climbing Gyms”); (b) to participate in trips, competitions, camps, climbing courses, adventures, and/or other types of events (collectively, “Events”) which may take place at a Facility or are otherwise sponsored by or involve the Climbing Gyms or the Climbing Gyms’ officers, directors, employees, contractors, agents, and affiliated entities (meaning any entity that controls, is controlled by, or is under common control with any of the Climbing Gyms, where “control” means the direct or indirect ownership of more than fifty percent (50%) of the voting interests of such entity) (together with the Climbing Gyms, collectively, “Released Parties”); and/or (c) to engage in wall climbing, bouldering, other climbing activities, sports, fitness activities, trainings, classes, or any of the various other types of activities (collectively, “Activities”) which may take place at a Facility or are otherwise provided or sponsored by or involve the Climbing Gyms or any of the other Released Parties. All references to the “Facility” throughout this Waiver And Release Of Liability For Any Injury Or Death And Assumption Of Risks (“Release”) includes all rooms, areas, and spaces on the interior of each Facility, the exterior of each Facility, and the parking lot of each Facility
In consideration for the Climbing Gyms permitting me and/or my child (collectively “me,” “I,” or “my”) to use the Facilities, to participate in the Events and/or to engage in the Activities, I have agreed to execute this Release and be bound by the provisions of this Release. I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES AND EVENTS ARE POTENTIALLY DANGEROUS AND INVOLVE THE RISK OF PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE CLIMBING GYMS OR ANY OF THE OTHER RELEASED PARTIES, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITIES AND EVENTS WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE CLIMBING GYMS OR ANY OF THE OTHER RELEASED PARTIES OR OTHERWISE.
A. I WAIVE AND RELEASE THE RELEASED PARTIES FROM MY DEATH AND ANY INJURY, ILLNESS, LOSS, DAMAGE, EXPENSE, ACTION, CLAIM, `AND LIABILITY ARISING OUT OF ANY USE OF THE FACILITIES, THE PARTICIPATION IN ANY OF THE EVENTS, OR THE ENGAGEMENT IN ANY OF THE ACTIVITIES:
I agree to release and discharge the Climbing Gyms and the other Released Parties from liability for my death and any and all past, present, or future injuries, illnesses, losses, damages, expenses, property damage, social losses, economic losses, actions, claims, and liabilities, whether known or unknown, anticipated or unanticipated, suspected or unsuspected, relating to or arising from: (i) the use of any Facility or equipment located at any Facility; (ii) my participation in Events sponsored by or involving any Facility, the Climbing Gyms or any of the other Released Parties; (iii) participation in or observation of the Activities sponsored by or involving any Facility, the Climbing Gyms or any of the other Released Parties; (iv) my interaction with any of the Released Parties; or (v) my placement in the care, custody or control of any of the Released Parties. This Release is intended to release and discharge the Released Parties from any and all losses, damages, expenses, actions, claims and liabilities of any nature whatsoever, such as losses, damages, expenses, actions, claims and liabilities arising from or related to the ordinary negligence of, or the breach of any duties which may be owed by, the Released Parties. I covenant not to make or bring any such claim against the Climbing Gyms or any other Released Party, and forever release and discharge the Climbing Gyms and all other Released Parties from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that applicable law does not permit to be released by agreement. I understand that this Release prohibits me from filing any lawsuit against any of the Released Parties for any of the reasons identified in this paragraph, now or in the future, and from recovering any losses, damages or expenses against any of the Released Parties. B. I ASSUME THE RISK OF INJURIES, ILLNESSES, OR DEATH ASSOCIATED WITH THE USE OF THE FACILITIES, THE PARTICIPATION IN ANY OF THE EVENTS, OR THE ENGAGEMENT IN ANY OF THE ACTIVITIES:
I understand that there are significant elements of risk associated with use of the Facility, participation in the Events, and engagement in the Activities that may be sponsored by or otherwise involve the Facilities, the Climbing Gyms or any of the other Released Parties. I understand and acknowledge that certain risks cannot be eliminated due to the nature of the Events or the Activities, and that these elements and risks may be causes of injury, illness, permanent disability, trauma, or death. These risks and dangers 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 Facility or other activity site; injuries arising from falling and striking objects or other people; being struck by falling objects or people; failure of or misuse of any part or all of the climbing structures, flooring systems, building, or slack line, rock rings, auto belays, or training and fitness apparatus; defective, worn, uneven, separated or additional flooring or pads; hazards created by additional pads; falling and failing to land on a pad; landing on a pad and nonetheless suffering an injury; falling and landing in a gap within or between pads or between pads and the wall; failure and/or breakage of climbing holds; failure of climbing hold anchoring systems and hardware; failure of anchoring systems, anchors and belay devices used to secure climbing anchors and ropes; falling because of improper use of ropes and safety equipment; injury resulting from lack of spotting, inadequate spotting or other spotting-related injury; injuries related to fitness training classes including without limitation yoga classes; the conduct, including negligent conduct of other visitors, participants, staff, volunteers, and third parties; harm due to exposure to weather, plants or wildlife, potential exposure to pathogens and communicable diseases; the aggravation of pre-existing conditions; risks identified by the Climbing Gym through rules and warnings, whether written, oral or otherwise; and other foreseeable and unforeseeable risks. I recognize that the foregoing list of risks are examples of the risks that I am assuming by using the Facilities and/or participating in the Events or Activities and that I am also assuming risks not specifically listed above. I recognize that if I encounter these risks, serious injury, illness, or death may result, and I understand that no amount of care, caution, instruction or expertise can eliminate these risks. I acknowledge that using the Facilities, participating in the Events and engaging in the Activities sponsored by or involving the Facilities, Climbing Gyms or any of the other Released Parties involves certain risks, inherent and otherwise, including the risk of death, illness, or serious personal injury, regardless of whether I follow the Climbing Gyms’ safety instructions or recommendations, such as those pertaining to Facility rules and regulations, climbing, bouldering, instructional programs, or involving my choice of equipment to use or whether or not to wear a helmet or any other safety device. I agree to assume all such risks, as well as any other risks involved in using the Facility, participating in Events, and/or engaging in the Activities sponsored by or involving the Climbing Gyms or any of the other Released Parties. If the participant is a minor, I have explained the activities and risks to my child, and my child wishes to use the Facilities, to participate in the Events and/or to engage in the Activities nevertheless.
C. I AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE RELEASED PARTIES:
I shall defend, indemnify, and hold harmless the Released Parties against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees and the costs of enforcing any right to indemnification under this Release, incurred by any of the Released Parties, arising out of or resulting from any claim of a third party related to my use of the Facilities, participation in Events, and/or engagement in Activities sponsored by or involving the Climbing Gyms or any of the other Released Parties, including any claim related to my own negligence or the ordinary negligence of the Climbing Gyms.
D. OTHER 1. I understand that I am responsible for assessing the quality of my, and the minor visitor’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 neither the Climbing Gyms nor any of the other Released Parties are liable for any lost or stolen equipment brought to the Facility or other Event or Activity site.
2. I understand that Climbing Gyms or any of the other Released Parties use of orientations, guidelines, reviews, tests, and rules are for its purposes at minimizing the potential for unsafe actions by visitors, and in no manner a certification of visitor capability. It is the responsibility of every visitor to evaluate their own ability and capability to ensure their own safety and the safety of others around them. Instructional programs including clinics and other training sessions also do not result in certification, as neither the Climbing Gyms nor any of the other Released Parties are a certifying agency of any sort.
3. In the event of an accident, I authorize Climbing Gyms or any of the other Released Parties to stabilize and obtain medical care, including transportation to a medical facility, for me or the minor visitor if, in the opinion of Climbing Gyms or any of the other Released Parties, 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 Climbing Gyms or any of the other Released Parties, and to indemnify and hold Climbing Gyms or any of the other Released Parties harmless for any consequences resulting from such care. I understand that situations may arise in which third-party medical care is not available and which require Climbing Gyms or any of the other Released Parties’ staff to provide first aid. Any third-party medical care provider is authorized to exchange pertinent medical information with Climbing Gyms or any of the other Released Parties.
4. I acknowledge and agree that the Climbing Gyms reserve the right to use any photograph, video recording, audio recording, or any other media taken at the Facilities, during Events, or in connection with any of the Activities involving the Climbing Gyms or any of the other Released Parties in connection with the Climbing Gyms and the Released Parties’ promotional materials, brochures and website.
5. I understand that from time to time areas of the Facility may be darkened for events, yoga or any other reason Climbing Gyms sees fit. I understand and accept the risks of using the Facility under such circumstances. In addition, I agree to any physical adjustments made by yoga or other instructors during yoga or other classes unless I clearly state otherwise in writing. I accept any possibility of injury from the following: movements in class, the movements of others or adjustments made by yoga or other instructors.
6. I understand that indoor climbing is not the same as outdoor climbing and that additional skills and training are necessary for outdoor climbing that cannot be acquired indoors. I agree to seek qualified instruction before attempting to climb outdoors and hold harmless Climbing Gyms and any of the other Released Parties for any outdoor or indoor climbing injuries I may incur.
7. I understand that this Agreement and, if applicable, the Outdoor Rider, Dog Rider, and EFT Agreement, constitutes the entire agreement between the Climbing Gym and myself regarding the subject matter herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter, and shall continue in effect and remain in force in perpetuity from the date it is executed. Any subsequent execution of this Release or a substantially similar release shall supplement and not supersede any prior execution, and all such executions shall be cumulative in effect. The Climbing Gyms may require me to re-execute this Release on an annual basis as a condition of continued access to the Facilities, participation in Events, and/or engagement in Activities; provided, however, that any failure to re-execute shall not terminate or otherwise affect the enforceability of any previously executed Release. This Release is binding on and shall inure to the benefit of the Climbing Gyms, the other Released Parties, and me and our respective heirs, successors, and assigns. By applying my electronic signature to this agreement, I agree that my electronic signature is the legally binding equivalent of my handwritten signature on paper. I will not, at any future time, claim that my electronic signature is not legally binding or enforceable.
E. CHOICE OF LAW, JURISDICTION, AND GENERAL PROVISIONS: All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of New Hampshire without giving effect to any choice or conflict of law provision or rule (whether of the State of New Hampshire or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Rockingham County, New Hampshire, and I hereby consent to the exclusive jurisdiction of such courts.
F. SEVERABILITY:
If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE CLIMBING GYMS AND THE OTHER RELEASED PARTIES. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT, I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT.
May 8, 2026
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