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PARTICIPATION, ACKNOWLEDGMENT & ASSUMPTION OF RISKS

& BINDING ARBITRATION AGREEMENT

Please read this document carefully and in its entirety. It is a binding agreement that contains important information including provisions that might limit your legal rights. To the extent that you are unclear about the meaning or effect of this language, please seek appropriate consultation. You have the choice to participate or to choose not to do so.

The Participant will be engaging in certain activities, which may include the following: top rope climbing, bouldering, lead climbing, use of auto belays, outdoor climbing expeditions (including transportation and overnights), ice climbing, yoga, use of weights and cardio equipment, programs, events, training, instruction, clinics, classes, teams, camps, competitions, and other activities (collectively the “Activities”).

In consideration of being allowed to participate in the Activities provided by Rock Spot Climbing Group, Inc. (the “Host”), the Participant, and the Participant’s parent or legal guardian if Participant is a minor, hereby agree, to the fullest extent permitted by law, as follows:

a)        Participation in the Activities involves certain INHERENT RISKS. These inherent risks include, but are not limited, to: (a) misuse of the climbing walls, equipment, and/or facilities; (b) deciding to climb and climbing beyond the bounds of Participant’s ability and/or experience level; (c) falls and abrupt and possibly harmful contact with persons, structures and objects (fixed and moveable), including climbing walls, volumes, holds, equipment (including dropped equipment during route setting or otherwise), flooring (including breaks or seams in flooring even if not open and obvious) and other surfaces; (d) failure of the facilities, climbing walls, holds, and exercise, fitness, and other equipment; (e) crossing, climbing, or climbing down; (f) Limitations on personal physical coordination, capacity, sense of balance, decision making, and ability to follow or give or understand directions; (g) mental or physical health problems of Participant and others; (h) transmission of infectious disease, whether related to the COVID-19, or other pandemics, epidemics, disease outbreaks, public health emergencies, or otherwise; (i) lack of training and conditioning; and (j) carelessness, inattention, and/or misjudgments, including negligence (active or passive), of Participant, other users of the Host’s facilities, and/or gym staff, by failing to follow proper procedures, instructions and operating policies.

It is understood and acknowledged that injuries and/or death proximately caused by any inherent risk of the Activities may result from the actions or inactions of another participant. Participant, and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor, hereby acknowledge their understanding of the inherent risks and expressly agree to ASSUME THE INHERENT RISKS OF THE ACTIVITIES, including but not limited to those set forth above.

b)        The Participant, and Participant’s parent or legal guardian if Participant is a minor, hereby certify that Participant has no physical or mental condition that precludes Participant from participating in the Activities or using the Equipment and that Participant is not participating against medical advice.

c)          The Participant, and Participant’s parent or legal guardian if Participant is a minor, understand that Participant’s participation in the Activities and use of the Equipment is voluntary and further understand that they have the opportunity to inspect the Host’s Equipment and facilities before any participation.

d)          The Participant, and Participant’s parent or legal guardian if Participant is a minor, understand that Participant is obligated to follow the rules of the Activities and that Participant can minimize Participant’s risk of injury by doing so and through the exercise of common sense and by being aware of their surroundings.

e)          If, while participating in the Activities and/or using the Equipment, the Participant observes any unusual hazard or condition, which they believe jeopardizes Participant’s personal safety or that of others, Participant will remove themself from participation in the Activities and/or use of the Equipment and immediately bring said hazard or condition to the attention of the Host.

Emergency Care

The Host is not a medical provider. To the extent that Participant is injured and requires emergency medical attention, 911 may be called. Participant, and Participant’s parent or legal guardian if Participant is a minor, understand and acknowledge that the Host has no legal duty or specialized ability to provide emergency medical care.

Media Release

Participant, and Participant’s parent or legal guardian if Participant is a minor, consent to the reproduction and use by the Host of photographs, videos, and other images and sound recordings of Participant without compensation, for advertising or other purposes in any and all media now existing or hereafter developed. Participant, and Participant’s parent or legal guardian if Participant is a minor, release the Host from liability for any violation of any personal and/or proprietary right Participant or Participant’s parent/legal guardian may have in connection with such reproduction or use.

Parental/Guardian Responsibility

Participant’s parent or legal guardian hereby agrees that they will explain to Participant that the risk of injury to Participant and others while participating in the Activities can be reduced by following the rules and through the use of common sense and good judgment.

Binding Arbitration

The Participant, and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor, hereby agree to submit to binding arbitration any dispute, claim, or controversy, relating to and/or arising from (a) this Participation, Acknowledgment & Assumption of Risks & Binding Arbitration Agreement, (b) Participant's participation in the Activities, and/or (c) any other interaction between the Participant and the Host, including the determination of the scope or applicability of this agreement to arbitrate. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the “Panel”), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the District of Connecticut. The Panel shall also have the authority to determine the arbitrability of any claim pursued in relation to this Agreement. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in New Haven County, State of Connecticut, and shall be governed by the Federal Rules of Evidence and the substantive laws of the State of Connecticut. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. Judgment on the Award may be entered in any court having jurisdiction over the parties and controversy. Participant, Participant’s parent(s) or legal guardian(s), and the Host specifically intend this Binding Arbitration provision to survive in the event that any other portion of this Agreement is held invalid. NOTICE TO PARTICIPANT: By signing this Agreement, you are giving up your right to commence litigation against the Host in a court of law, and you are giving up your right to a trial by jury.

This Agreement, which consists of this and the previous pages, will apply to Participant’s participation in the Activities for the current and for all future visits, until cancelled in writing by Participant or Participant’s parent or legal guardian if Participant is a minor, or until it expires pursuant to the provisions of applicable law.

To the extent that any portion of this Agreement is deemed to be invalid under the laws of the State of Connecticut, the remaining portions of the Agreement shall remain binding and available for use by the Participant, the Host, and their respective counsel in any proceeding.

I/WE UNDERSTAND THAT I/WE HAVE THE FREEDOM TO CHOOSE NOT TO PARTICIPATE, OR TO HAVE MY MINOR CHILD NOT PARTICIPATE, IN THE ACTIVITIES AND THAT I/WE HAVE ENTERED INTOP THIS AGREEMENT VOLUNTARILY.


First Participant's Name

First Name*

Middle Name

Last Name*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check here to receive messages from us including an exclusive offer of 50% off your next day pass.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Parent/Guardian Phone Number

Phone number for parent or legal guardian *
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.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
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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