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On The Rock Gym LLC

Release of Liability and Assumption of Risk


THIS DOCUMENT IS A LEGALLY BINDING RELEASE, WAIVER, EXPRESS ASSUMPTION OF RISK, INDEMNIFICATION, AND COVENANT NOT TO SUE (the “Release”) THAT AFFECTS YOUR LEGAL RIGHTS.

WARNING: Climbing is a sport in which you can be seriously injured or die. Your climbing safety depends on your own judgment and experience and a realistic assessment of your climbing ability. Please climb smart!

In consideration of being permitted to engage in any bouldering or climbing activities (the “Activities”) at The Jug, On The Rock Gym LLC (the “Gym”), and to use its facilities, including without limitation all equipment, facilities or things on the Gym’s premises that have been built, installed, or established to allow persons to [boulder or] climb or train in any way related to [bouldering or] climbing (the “Facilities”), I hereby promise, covenant, and agree as follows:

1. I UNDERSTAND THAT THERE ARE DANGERS AND RISKS (BOTH APPARENT AND UNANTICIPATED) INHERENT IN MY ENGAGING IN THE ACTIVITIES AND MY USE OF THE FACILITIES, INCLUDING THE RISK OF SERIOUS INJURIES TO MY PERSON AND/OR PROPERTY, PARALYSIS, AND/OR DEATH. I understand that the hazards and risks of engaging in the Activities and using the Facilities include, without limitation, to the following: injuries arising from my falling and striking objects or individuals; my being struck by falling individuals or objects; failure of any part or all of the structure of the climbing walls, flooring system, or slackline; defective, worn, uneven, or separated flooring or additional pads; hazards created by additional pads; failure of any hardware used in the climbing walls or used to attach the climbing holds, anchors or ropes to the climbing walls; head injuries; injured, sprained or broken bones; tendonitis, bursitis or other connective tissue or overuse injuries; respiratory illness or injury; and injury due to the negligence of myself, employees or agents of The Jug, On The Rock Gym LLC, and/or any other individuals. I further acknowledge that the activities that I will engage in are physically demanding and require a degree of physical strength, coordination, and skill. I acknowledge that I should not participate in the activity if I have any illness or condition that affects or diminishes my physical strength, coordination, reaction time, sense of balance, or my ability to follow or give directions while climbing, including, but not limited to, fatigue, chills, dizziness, weakness, nausea, fainting, or seizures. I understand that the aforementioned hazards and risks are described by way of example only, and that there are numerous other known and unknown hazards and risks inherent in engaging in the Activities or using the Facilities to which I may be exposed that may also result in serious injury or death to myself or others. I acknowledge that I have received, read, and understood the current Rules and Regulations of the Gym and agree to be bound by them. I nonetheless understand that my use of the Facilities and any instruction or knowledge I receive at the Gym, even in full compliance with such Rules and Regulations, is NOT SUFFICIENT to prepare me for the dangers and risks of indoor or outdoor climbing. I understand that the Gym strongly recommends that I have adequate medical and life insurance and I agree that I am solely responsible for all costs and expenses arising out of or related to any injury (including paralysis or death) I suffer at the Gym.

2. I further acknowledge that there may be other potential dangers or risks associated with my participation in the Activities that are not currently known to me or readily foreseeable. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS DESCRIBED HEREIN, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE of those persons released from liability below, and assume full responsibility for my participation.

3. I, for myself, my personal representatives, heirs, and next of kin HEREBY RELEASE AND HOLD HARMLESS The Jug, On The Rock Gym LLC, and its agents, employees, instructors, officers, directors, affiliates, successors, volunteers, representatives and assigns (collectively the “Releasees”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, unconditionally and in full from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that I ever have or may have, arising from my participation in the Activities or any other activity conducted by, on the Facilities of, or for the benefit of Releasees, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, except that which is the result of gross negligence and/or wanton misconduct, and covenant not to sue for the same. In no event shall the Releasees be liable to me for any incidental, special, punitive or consequential damages with respect to any claims arising out of or related to my participation in the Activities, whether on the Facilities or away from them, regardless of whether such claims arise in tort, contract, strict liability or any other theory of law or equity and regardless of whether the Releasees knew or had reason to know that such damages might be incurred.

4. I hereby agree to INDEMNIFY, SAVE AND HOLD HARMLESS The Jug, On The Rock Gym LLC, and its agents, employees, instructors, officers, directors, affiliates, successors, volunteers, representatives and assigns (collectively the “Indemnitees”) and each of them from any loss, liability, damage or cost they may incur due to claims brought against the Indemnitees ARISING OUT OF ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, while I am participating in the Activities, whether on the Facilities or away from them, and WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, except that which is the result of gross negligence and/or wanton misconduct.

5. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon and shall be enforced to the maximum extent allowed by its laws. In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected thereby. I intend this agreement to act as a complete and unconditional release of any and all potential claims against the Indemnitees, to the fullest extent permitted by law.

6. I further grant to Gym permission to use my name, voice and likeness as shown in any photograph, audio or video recording, or other image which may be made or taken in the course of the Activities or at the Facilities in the advertising, promotion, operation, or other business of the Gym.

7. By Signing this waiver I am acknowledging that I have watched The Jug's safety video and agree to The Jug's safety practices and gym rules.

8. I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTANDING ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

October 29, 2024

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
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*
Parent or Guardian's Email Address

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

First Name*

Last Name*

Emergency Contact's Phone Number*
Participant's 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:

If the Participant is under the age of 18, the written consent of his or her parent or legal guardian is required prior to participation in any climbing activities.

THE JUG, ON THE ROCK GYM LLC, CLIMBING WALL RELEASE AND WAIVER OF LIABILITY PARENT/GUARDIAN CONSENT

I am the parent or guardian of the minor participant named above. I have read and understand the provisions of the Release above and agree to be bound by its terms. I fully understand that the activities the Minor above will participate in involve certain inherent risks, as described above, and that these risks may be the cause of loss or damage to equipment, accidental injury, illness, permanent trauma or death. I truthfully believe that the Minor above is physically capable of participating in the climbing activities and is qualified to do so. To the fullest extent permitted by applicable law, I, acting on my own behalf and on behalf of the Minor hereby RELEASE AND HOLD HARMLESS the Releasees, WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, unconditionally and in full from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that I or the Minor ever have or may have, arising from the Minor’s participation in the Activities or any other activity conducted by, on the Facilities of, or for the benefit of Releasees, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, except that which is the result of gross negligence and/or wanton misconduct, and covenant not to sue for the same. In no event shall the Releasees be liable to me for any incidental, special, punitive or consequential damages with respect to any claims arising out of or related to my participation in the Activities, whether on the Facilities or away from them, regardless of whether such claims arise in tort, contract, strict liability or any other theory of law or equity and regardless of whether the Releasees knew or had reason to know that such damages might be incurred. In the event that any such claims are brought or asserted by me, the Minor, or by a party acting on behalf of the minor, to the fullest extent permitted by law, I agree to INDEMNIFY, SAVE AND HOLD HARMLESS the Indemnitees and each of them from any loss, liability, damage or cost they may incur due to claims brought against the Indemnitees ARISING OUT OF ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, while the Minor is participating in the Activities, whether on the Facilities or away from them, and WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, except that which is the result of gross negligence and/or wanton misconduct.

Parent(s) or Court-Appointed Legal Guardian(s) must sign below for minor(s) and agree that they and the Minor are subject to all the terms of this Release, as set forth above.

Parent(s) or Court-Appointed Legal Guardian(s) must sign below for any minor(s) 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*

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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