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RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION AND COVENANT NOT TO SUE

This release of liability, assumption of risk, indemnification and covenant not to sue is an important legal document! By signing it, you are giving up certain rights. BE SURE TO READ IT CAREFULLY BEFORE SIGNING.

In consideration for being permitted to participate in one or more of the following activities offered by Adrenaline Climbing Society LLC: (a) indoor rock climbing and using rock climbing equipment at 460 Brogdon Road, Suite 100, Suwanee, Georgia (either being the “Gym”); (b) rock climbing classes at the Gym; (c) other activities or classes offered at the Gym including but not limited to summer camps, Pilates, yoga, or aerial silks; (d) outdoor rock climbing trips to destinations in Georgia or other states (the “Trips”); (e) competitions at the Gym or at other facilities; (f) training or coaching from Adrenaline personnel either at the Gym, on a Trip, or at a competition, (g) being transported in a motor vehicle provided by Adrenaline; or (h) doing any other activity in any way related to the above-listed activities (individually or collectively, the “Activities”) I hereby agree as follows:

1) ASSUMPTION AND ACKNOWLEDGEMENT OF RISK.

I know and understand the scope, nature and extent of the risks involved in the Activities and that some dangers cannot be foreseen. I understand that these risks include but are not limited to: broken bones; sprains; contusions; lacerations; concussion; heart attack; paralysis; death; exposure to pathogens or communicable diseases that may be spread through person-to-person contact and transference from physical objects; falls from, or contact with rocks, walls, or equipment; loose or damaged holds; equipment malfunction; defective or negligent design or manufacture of equipment; negligent operation of the equipment; or negligent instruction or supervision. I further understand that I may be exposed to other risks, hazards, or dangers that may not be known or may not be foreseeable. I voluntarily and expressly choose to incur all risks, whether known or unknown, associated with the Activities and agree to assume and bear full responsibility for any such risk, hazards, or dangers.

2) RELEASE OF LIABILITY.

I hereby release Adrenaline and their employees, instructors, agents, volunteer staff, representatives, officers, directors, members, agents, successors and assigns (collectively the “Released Parties”) from any and all liability, claims, demands, or causes of action, whether known or unknown, suspected or unsuspected, arising out of any damage, loss, or injury to me (including my death) or my property as a result of or in any way connected with my participation in any of the Activities, whether resulting from the negligence or other fault, either active or passive, of any of the Released Parties, or from any other cause related to any Activity.

3) AGREEMENT NOT TO SUE.

I hereby agree never to initiate or assist in the prosecution of any lawsuit, cause of action, or claim for damages against the Released Parties. I further agree that my heirs, personal representatives, or anyone else claiming on my behalf, shall not initiate or assist in the prosecution of any lawsuit, cause of action, or claim for damages against the Released Parties. If I initiate, or if anyone on my behalf initiates, any lawsuit, cause of action, or claim for damages against any of the Released Parties, I agree that the Released Parties shall be entitled to recover from such suing party all attorneys’ fees and costs incurred in the defense of such lawsuit, cause of action or claim and any actions arising there from.

4) INDEMNITY AGAINST THIRD PARTY CLAIMS.

I agree that if I, anyone on my behalf, or any third party makes a claim against any of the Released Parties related to my visit to Adrenaline or my participation in the Activities, I will indemnify, save, and hold harmless the Released Parties from any and all losses, claims, actions, or proceedings of every kind and character, including attorneys’ fees and expenses, presented or initiated by any third person or organization as a result of my direct or indirect participation in the Activities, whether resulting from the negligence or other fault, either active or passive, of any of the Released Parties, or from any other cause.

5) FACILITY RULES AND AGREEMENTS

I acknowledge that rules, directives and procedures (“rules”) for participation in the Activities and conditions of the Gym may change at any time in the sole discretion of the Released Parties. I will comply with all Adrenaline rules, both written and as stated to me by Adrenaline, during my participation in the Activities or use of Adrenaline facilities. I will obey Adrenaline staff with respect to those rules as they affect my safety, other participants and observers, the property of Adrenaline, and all resources used in conjunction with the Activities. I agree and warrant that I will inspect each portion of the Activities in which I take part (including any ropes, anchors, and other equipment) and that if I find any condition which I consider to be unacceptable, hazardous, or dangerous, I will immediately notify Adrenaline staff and will refuse to take part in the Activity until the condition has been corrected or remediated to my satisfaction. I understand that the use of the equipment, walls, and/or instruction that I receive at Adrenaline is not sufficient to prepare me for the risks and hazards of indoor or outdoor climbing. Furthermore, I understand that the teaching of rock wall and rock climbing safety procedures is not allowed in the facility except by Adrenaline staff. I understand that Adrenaline reserves the right to refuse or terminate service for any non-discriminatory reason at any time. I am aware of the safety policy recommending the use of a protective helmet which could prevent permanent brain damage or other injury in the event of an accident. I am also aware it is my responsibility to provide and use a protective helmet according to the manufacturer’s specifications while participating in the Climbing Activities.

6) LIMITATION OF WARRANTY.

ADRENALINE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE FACILITIES, EQUIPMENT OR VEHICLES PROVIDED FOR THE ACTIVITIES. ESCALADE AND ADRENALINE DISCLAIM ALL WARRANTIES EXPRESS, IMPLIED OR IMPOSED BY LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

I ACKNOWLEDGE AND ACCEPT THIS LIMITATION OF WARRANTY. I ALSO ACKNOWLEDGE THAT THE EQUIPMENT PROVIDED BY ADRENALINE FOR INDOOR OR OUTDOOR ROCK CLIMBING HAS BEEN PREVIOUSLY USED FOR ROCK CLIMBING ACTIVITIES.

7) APPLICABLE LAW/WAIVER OF JURY TRIAL/VENUE.

I agree that the laws of the State of Georgia shall apply to issues involving the construction, interpretation, and validity of this agreement, and that Georgia law shall govern any dispute arising from the Activities. Should this agreement be violated and suit be brought against any of the Released Parties, I hereby waive my right to a jury trial and I consent to personal jurisdiction and venue in the federal and state courts located in Gwinnett County, Georgia if Adrenaline is the defendant.

8) SEVERABILITY OF PROVISIONS.

I agree that this agreement is intended to be as broad and inclusive as permitted by the laws of the State of Georgia. I further agree that if any portions of this agreement are found to be unenforceable or against public policy, only those portions shall fail and I will be bound by the remainder of the agreement. If a portion of any provision is held invalid or unenforceable the remainder of the provision shall remain in full force and effect. I specifically waive any unenforceability or public policy argument that I could make against the Released Parties as a result of my participation in the Activities.

9) CONTINUATION OF OBLIGATIONS.

I agree that the terms and conditions of this agreement (i) shall continue in full force and effect at all times that I participate, either directly or indirectly, in the Activities, and (ii) shall be binding upon my heirs, personal representatives, and/or anyone else claiming on my behalf. This agreement supersedes and replaces any prior similar agreement between the Released Parties and myself.

10) PHYSICAL AND MENTAL CAPABILITIES.

I confirm that I am not currently mentally impaired or under the influence of drugs or alcohol and am physically and mentally capable of (i) participating in my chosen Activities and (ii) using the related equipment. If my mental or physical condition changes after I sign this agreement so that

I am no longer capable of participating in the Activities or using the equipment, I will immediately cease participating in the Activities and using the equipment.

11) MEDICAL AUTHORIZATION.

I authorize the Released Parties to administer first aid and/or CPR as they deem appropriate in their sole discretion. In the event that I am unconscious or unable to make medical decisions for myself, I authorize the Released Parties, as they deem appropriate in their sole discretion, to obtain emergency medical services and treatment for me including, but not limited to, arranging for transportation to the nearest medical facility. I agree to abide by and be bound by any decisions as if they were made by me and will assume full financial responsibility for all medical care and/or transportation. I acknowledge that it is my responsibility to secure adequate insurance for such first aid and medical care.


12) PHOTO & VIDEO RELEASE.

I acknowledge and agree that photographs and/or video may be taken of me while I am involved in the Activities or at the Gym. I hereby grant Adrenaline Climbing Inc., its legal representatives, successors and assigns, the irrevocable and unrestricted right (a) to use my likeness in any manner and medium and to publish photographs and/or video images of me for editorial, trade, advertising, commercial, and any other business purpose including, but not limited to, as evidence in litigation, and (b) to edit, alter, copy, copyright, exhibit, or distribute the same without restriction. I hereby waive the right to inspect or approve the finished product containing my likeness and waive any right to payment or other compensation arising from the use of my likeness. I hereby release the Released Parties from all claims and liability relating to any photos or videos.


13) RULES AND CONDITIONS.

I have read this Agreement, understand its terms, understand that I have given up substantial rights by signing it, and have signed it freely and without any inducement or assurance of any nature, and intend. It to be a complete and unconditional release of all liability to the greatest extent allowed by law.

I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS.

CERTIFICATION/WAIVER OF RIGHTS.

I hereby certify that I am 18 years of age or older and have full legal authority to sign this agreement. I hereby certify that (i) I have read this entire agreement, (ii) I understand its terms, (iii) I am voluntarily giving up legal rights that I might otherwise have, and (iv) I am signing this agreement knowingly and voluntarily. 

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*

Confirm Email*
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Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Parent or Guardian's Driver's License / ID Card

Driver's License / ID Card Number*

Issuing State*

I certify that I am the parent or legal guardian (“Parent”) of the participant in the Activities who is not yet 18 years of age and I hereby grant permission for my minor child to participate in the Activities. I represent and acknowledge that I have advised my child to abide by all Rules, and I have the full legal right and authority to grant this permission and sign this agreement on behalf of my minor child. 



I hereby certify that I (i) have read this entire agreement, (ii) understand its terms, (iii) am knowingly and voluntarily giving up the legal rights that I, or my minor child, might otherwise have. 

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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