Release and Waiver of Liability By signing this Waiver, I represent that it is my desire and intent to participate in the Company’s Activities. As used in this Waiver, “Activities” collectively means Company activities, workouts, training, classes, events, and/or access to the Company’s facilities to participate in any of the foregoing, each of which may be sponsored, hosted, taught, provided, and/or conducted by Ruckus Climbing Gym, LLC, a North Carolina limited liability company (the “Company”). Activities shall also include, but not be limited to: climbing activities and lessons, weight training and lifting, sports or fitness exercises, yoga, and/or receiving fitness advisory, coaching, training and/or consulting services, and use of Company equipment and other personal property, and any locker room or other areas of the facilities of the Company. 1. Disclosure and Acknowledgement of Risks I represent that I have the authority and capacity to execute this Waiver. I acknowledge that participation in the Activities involves significant known and unknown risks, including physical injury or death. Further, the Activities may involve climbing on artificial climbing walls to extreme heights, and engaging in related activities, including, but not limited to, bouldering, challenge-type activities, fitness or exercise classes, and use of Company equipment and property. I am aware that by participating in the Activities, I could potentially: fall from a climbing wall and or equipment onto the ground; fall or swing into a climbing wall and other structures and objects within the Company’s facilities; be struck by falling climbers, personal items (of myself or others), hardware, tools, broken or dropped holds, and other such objects; become entangled within ropes; suffer abrasions and other severe injuries from contact with climbing walls, ropes, holds, loose holds, dropped holds, broken holds, pads, or the floor. Additionally, I acknowledge that climbing, belaying and all such other Company equipment and structures may malfunction, become defective, or fail due to defective products, faulty maintenance and/or other reasons, and if I were to fall from any wall or equipment, the absorbing materials, including but not limited to floor pads below the wall will not prevent all injuries I may be exposed to from falling. I recognize that other participants, employees, users, guests or invitees may lose control or otherwise act negligently in their participation of the Activities, or use of Company facilities, each of which could contribute to injury or death, to me or others. The Company will endeavor to provide a safe facility. However, (i) Company staff, visitors, guests, invitees, belayers, and other persons present may act negligently or engage in other wrongful conduct, and (ii) the Company may not be able to prevent all occurrences or events which may give rise to injury, damage or loss. I acknowledge that the foregoing is not a complete list of all possible risks associated with the Activities. 2. Assumption of Risks Despite the disclosure of possible risks associated with the Activities set forth in Section 1 above, I agree to assume all such risks (including other possible risks not expressly provided for in this Waiver) and responsibility arising from participation in the Activities. I affirm that I am in good physical condition and do not suffer from any disability that would prevent or limit participation in the physical activities related to the Activities. I acknowledge participation in the Activities will be physically and mentally challenging, and I agree that it is my responsibility to seek competent medical advice regarding any concerns or questions pertaining to my ability to take part in the Activities prior to any such participation, and thereafter, as needed. By signing this Waiver, I acknowledge: all risks associated with the Activities; I hereby affirm that I am fully capable of participating in the Activities; I desire to voluntarily sign this Waiver and participate in the Activities; I agree to assume all risk and responsibilities for exceeding my own physical limits; I am solely responsible for complying with the terms of this Waiver, and such other rules and policies the Company may establish from time to time. 3. Release I agree on behalf of myself, and each of my personal representatives, heirs, executors, administrators, agents, and assigns, to release and discharge Company, and each of Company’s affiliates, related entities, members, managers, officers, employees, contractors, agents, representatives, successors, and assigns (each a “Releasee” and collectively, the “Releasees”), from any and all claims, loss, causes of action, or costs, including, but not limited to, reasonable attorney’s fees, arising out of my participation in the Activities, and any negligence of Company, or any of the Releasees. This Waiver includes the release of any and all claims, suits or actions against the Company and the Releasees pertaining to, without limitation, injuries, illness, death or economic loss which may occur as a result of (i) my use of any Company exercise equipment or facilities which may malfunction or break, (ii) improper maintenance of any Company exercise equipment or facilities, (iii) negligent instruction or supervision, including, but not limited to, personal training, (iv) negligent hiring or retention of employees and/or (v) slipping, tripping and/or falling while on any portion of the Company’s premises. I covenant not to make or bring any such claim, suit, or action against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. Provided, however, this Waiver does not extend to claims that North Carolina state law does not permit to be released by agreement. 4. LIMITATION OF LIABILITY AND INDEMNIFICATION NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS WAIVER, IF A COURT OF COMPETTENT JURISDICTION FINDS OR HOLDS THAT THE COMPANY IS LIABLE TO ME, AS IT PERTAINS TO THIS WAIVER, OR MY PARTICIPATION OF THE ACTIVITIES, OR MY RECEIPT OF PRODUCTS OR SERVICES FROM THE COMPANY, THEN THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO ME WILL BE LIMITED TO THE TOTAL FEES PAID (LESS ANY REFUNDS OR CREDITS) BY ME TO THE COMPANY IN THE PRECEDING SIX (6) MONTHS FROM THE TIME OF THE HAPPENING OF ANY EVENT WHICH GIVES RISE TO THE DAMAGE, INJURY OR LOSS COMPLAINED OF. IN NO EVENT WILL COMPANY BE LIABLE TO ME UNDER, IN CONNECTION WITH, OR RELATED TO THE ACTIVITIES, PRODUCTS OR SERVICES, OR OTHERWISE UNDER THIS WAIVER FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING LIMITATIONS OF LIABILITY ARE A CONDITION AND MATERIAL CONSIDERATION FOR THE COMPANY PERMITTING ME TO PARTICIPATE IN THE ACTIVITIES. THIS LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OR EXPIRATION OF MY PARTICIPATION IN THE ACTIVITIES. I SHALL INDEMNIFY COMPANY AND ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRATORS, REPRESENTATIVES AND AGENTS, FROM ANY LOSS, DAMAGES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING FROM ANY OF MY ACTIONS OR OMISSIONS, INCLUDING, WITHOUT LIMITATION, (I) MY PARTCIPATION IN THE ACTIVITIES, (II) MY BREACH OF THIS WAIVER OR FAILURE TO FOLLOW INSTRUCTIONS, RULES, OR POLICIES RELATED TO THE ACTIVITIES OR OTHERWISE ESTABLISHED BY THE COMPANY, OR (III) MY VIOLATION OF LAW, MY NEGLIGENCE AND MY WILFULL MISCONDUCT. THIS INDEMNITY SHALL SURVIVE THE TERMINATION OR EXPIRATION OF MY PARTICIPATION IN THE ACTIVITIES. 5. Consent to Medical Treatment I acknowledge that neither the Company, nor any of its members, managers, officers, employees, contractors or agents is required to render or arrange medical treatment on my behalf, and that none of the foregoing may be qualified to render such medical treatment. However, I hereby consent to receive any such medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activities. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Company, and each of its members, managers, officers, employees, contractor or agents, and all such other Releasees, from any and all claims, suits, and actions based on such treatment or other medical services. 6. Disclaimer While the Company does its best to ensure the optimal performance of its facilities and equipment, I agree that I use such facilities and equipment, and otherwise participate in the Activities at my own risk and there are no guarantees made by the Company to me. To the maximum extent permitted by applicable law, the Company’s facilities, and all materials and property located within the facilities, are provided “as is” and, to the fullest extent permitted by applicable law, are provided without warranties of any kind either express or implied. This means, without limitation, that the Company does not warrant that the facilities and equipment are fit for any particular purpose; that the functions contained in the facilities and equipment will be uninterrupted; that defects will be corrected; that the location is free of viruses and other harmful components or that the facilities and equipment are accurate, error free or reliable. I acknowledge that the Company and the Releasees are not liable for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, illnesses, communication line failures or for the theft, destruction, or damage I may suffer. I acknowledge that the Company and the Releasees are not liable for any defamatory, offensive or illegal conduct or material found in connection with its business, facilities or equipment, including such conduct or material transmitted by any means by any other person. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND THE RELEASEES EACH HEREBY PROVIDE ME WITH ACCESS TO THE ACTIVITIES, THE COMPANY’S FACILITIES AND ITS EQUIPMENT “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THE COMPANY, THE RELEASEES AND OUR SUPPLIERS EACH HEREBY SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 7. Miscellaneous By signing this Waiver, I agree to follow all Company rules posted inside the facilities and/or on its website, as same may be produced and amended from time to time, in the Company’s sole discretion. I hereby grant the Company permission to photograph and record videos of me during my participation in the Activities. I agree that Company may use such photographs, videos and my likeness in any and all of its publications and advertisements, or otherwise, without payment or any other consideration owed to me. I understand and agree that Company reserves the right to deny or revoke my access to the Activities, and the Company’s facilities, for any reason, in its sole discretion. I have read, understand and agree to obey the Company’s current safety rules and facility rules. I agree not to wear rings or jewelry while participating in the Activities. I AGREE THAT I WILL NOT PARTICIPATE IN THE ACTIVITIES UNTIL I HAVE RECEIVED ORIENTATION AND EXPRESS PERMISSION FROM COMPANY STAFF. I AGREE THAT I WILL NOT PARTICIPATE IN THE ACTIVITIES OR USE ANY EQUIPMENT AT THE FACILITY IF I HAVE ANY DOUBT AS TO MY EXPERIENCE OR ABILITY TO SAFELY ENGAGE IN THE ACTIVITIES. I UNDERSTAND THAT COMPANY STAFF IS AVAILABLE TO ASSIST WITH ANY SAFETY QUESTIONS I MAY HAVE, AND I AGREE IT IS MY RESPONSIBILITY TO SEEK OUT SUCH ASSISTANCE, AS AND WHEN NEEDED. Further, I understand and am aware that, on many occasions, there will be no supervision or assistance during my participation in the Activities. Company’s staffed hours may change at the sole discretion of the Company. I am aware that if I get injured, become unconscious, suffer a stroke or heart attack, or any other medical emergency or event that there may be no one to respond to my emergency and that neither the Company nor the Releasees have the duty to provide assistance to me while I am participating in the Activities. 8. Entire Agreement This Waiver constitutes the sole and entire agreement of the Company and me with respect to the specific subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such specific subject matter. If any term or provision of this Waiver is found or held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Waiver or invalidate or render unenforceable such term or provision in any other jurisdiction. This Waiver is binding on and shall inure to the benefit of the Company and me and our respective heirs, successors, and assigns. All matters arising out of or relating to this Waiver shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Waiver may be brought only in the federal and state courts located in Guilford County, North Carolina and I hereby consent to the exclusive jurisdiction of such courts. I have had sufficient time to review and seek explanation or counsel concerning the provisions contained within this Waiver. I have carefully read such terms, understand them fully, and agree to be bound by them. I understand that, by signing below, I am giving up substantial legal rights that I may otherwise have and that I may be incurring legal liabilities I would otherwise not have. After careful deliberation, I voluntarily give my consent and agree to this this Waiver. Video Orientation Agreement Once finishing the waiver, I will watch the orientation and safety video presented to me upon my first time climbing at the facility. Date Singed: April 2, 2026 |
