Common use of ACKNOWLEDGMENT AND ASSUMPTION OF RISKS Clause in Contracts

ACKNOWLEDGMENT AND ASSUMPTION OF RISKS. Engaging in climbing or other activities at any Facility and/or at other locations, both indoor and outdoor, that are sponsored by or involve any of the Released Parties, involve serious risks. These activities vary but can include bouldering (un- roped climbing), climbing, belaying and rappelling on any Facility’s artificial climbing walls or other walls, equipment, or facilities, with or without Climb So iLL staff present, and other activities such as fitness classes (yoga, cardio, etc.), climbing instructional classes, personal instruction or personal training, and use of rental equipment, weights and/or fitness equipment. I acknowledge that participating in climbing or such other activities involves risks, including but not limited to risks involving physical activity, decision making, equipment failure or misuse, falling objects or building elements, and such other risks and hazards associated with rock climbing activities, use of artificial climbing walls or my presence in any Facility. Some risks are inherent in these activities and cannot be eliminated or reduced. A variety of other risks also exist. I understand that wearing a helmet does not eliminate the dangers associated with any activity but that in certain instances a helmet can reduce the risk of permanent injury or death. I understand that the Released Parties recommend that I wear a helmet and that if I choose not to wear a helmet I do so against their advice and at my own risk. These inherent and other risks, hazards and dangers can cause injury, property damage, illness, mental or emotional trauma, paralysis, disability or death to the Participant or others. Unsupervised use of the Facilities before or after normal hours. I understand that I may have unsupervised access to and use of the Facilities. I understand that if I choose to engage in any climbing, exercise, and/or other activity during periods when a Facility is not supervised by Climb So iLL personnel or monitored on a real-time basis, that there may be a total inability for anyone to be summoned from on or off the premises of the Facility to provide any emergency response to me if I need such response. I understand that climbing, exercise and/or other activities in unsupervised and/or unmonitored settings increase the risks to me related to the occurrence of adverse events and the provision of timely emergency response, and that by engaging in such activity anyway, without supervision and/or real-time monitoring, I assume all the additional risks related thereto, including the possibility of injury, enhanced injury or greater/more severe injury or even death. I understand that known, unknown and/or unanticipated risks, hazards and dangers may result in injury, damage, death or other loss. I acknowledge that participating in these activities requires a special degree of skill and knowledge different from other activities and that I have responsibilities as a Participant. I have no mental or physical problems or limitations that might compromise or affect my ability to participate in climbing activities which have not been disclosed in writing to Climb So iLL. I acknowledge that Climb So iLL staff is, and has been, available to answer further questions about the nature and physical demands of these activities and the risks, hazards, and dangers associated with these activities. I understand that the presence of Climb So iLL personnel is absolutely no assurance of my safety nor does the presence of personnel lessen any of these risks, and I represent I am fully capable of participating in these activities without causing harm to me or others. I have read or have had the opportunity to read the rules of conduct and other regulations in each Facility and agree to abide by such rules and regulations. I agree to follow all Climb So iLL rules and regulations that may be posted at each Facility or communicated to me by Climb So iLL personnel from time to time. I understand that neither Climb So iLL nor any of the Released Parties makes any warranties or representations (express or implied) concerning any of the Facilities, including but not limited to the safety of me or my property while on or about any Facility, the conditions of each Facility, or the quality, condition or safety of the equipment I may use or encounter while in each Facility or engaging in activities therein. Climbing is dangerous! In both supervised and unsupervised activities, I acknowledge that all Participants are responsible for their own safety. My participation in these activities is purely voluntary, and I choose to participate in spite of and with knowledge of the risks. Therefore, I assume and accept full responsibility for those risks identified here and for those risks not identified, and for injury, damage, death or other loss suffered by me resulting from those risks, my own negligence, and/or the negligence of any one or more of the Released Parties.

ACKNOWLEDGMENT AND ASSUMPTION OF RISKS. Engaging in climbing or other activities at any the Climbing Facility and/or at other locations, both indoor and outdoor, including those that are sponsored by or involve any of the Released Parties, involve serious risks. These activities vary but can include (and are not limited to) bouldering (un- un-roped climbing), climbingclimbing (Top Rope and Sport Climbing), belaying (including the use of auto-belay devices), and rappelling on any the Climbing Facility’s artificial climbing walls or other walls, equipment, or facilities, with or without Climb So iLL Ascend staff present, and other activities such as fitness classes (yoga, cardio, etc.), climbing instructional classes, personal instruction or personal training, and use of rental equipment, weights and/or fitness equipment, slack-lining, crate-stacking, and other related activities. I acknowledge that participating in climbing or such other activities involves risks, including but not limited to risks involving physical activity, decision making, equipment failure or misuse, falling objects or building elements, and such other risks and hazards associated with rock climbing activities, use of artificial climbing walls or my presence in any the Climbing Facility. Some risks are inherent in these activities and cannot be eliminated or reduced. A variety of other risks also exist, including potential exposure to communicable disease(s). I understand that wearing a helmet does not eliminate the dangers associated with any activity but that in certain instances a helmet can reduce the risk of permanent injury or death. I understand that the Released Parties recommend Ascend recommends that I wear a helmet and that if I choose not to wear a helmet I do so against their advice and at my own risk. These inherent and other risks, hazards and dangers can cause injury, property damage, illness, mental or emotional trauma, paralysis, disability or death to the Participant visitor or others. Unsupervised use of the Facilities before or after normal hours. I understand that I may have unsupervised access to and use of the Facilities. I understand that if I choose to exercise or engage in any climbingactivity at the Climbing Facility, exercise, and/or other activity during there will be periods when a Facility is my activities are not supervised or directly monitored by Climb So iLL personnel or monitored on a real-time basis, that there may be a total inability for anyone to be summoned from on or off the premises of the Facility to provide any emergency response to me if I need such responseAscend personnel. I understand that climbing, exercise and/or other activities in unsupervised and/or unmonitored settings may increase the risks to me related to the occurrence of adverse events and the provision of timely emergency response, and that by engaging in such activity anyway, without supervision and/or real-time monitoring, I assume all the additional risks related thereto, including the possibility of injury, enhanced injury or greater/more severe injury or even death. I understand that known, unknown and/or unanticipated risks, hazards and dangers may result in injury, damage, death or other loss. I acknowledge that participating in these activities requires a special degree of skill and knowledge different from other activities and that I have responsibilities as a Participantvisitor. I have no mental or physical problems or limitations that might compromise or affect my ability to participate in climbing activities which have not been disclosed in writing to Climb So iLLAscend. I acknowledge that Climb So iLL Ascend staff is, and has been, available to answer further questions about the nature and physical demands of these activities and the risks, hazards, hazards and dangers associated with these activities. I understand that the presence of Climb So iLL Ascend personnel is absolutely no assurance of my safety nor does or the presence lessening of personnel lessen any of these risks, and I represent I am fully capable of participating in these activities without causing harm to me or others. I know that I should contact an Ascend staff member for an orientation if I have not received one previously. I have read or have had the opportunity to read the rules of conduct Rules & Etiquette and other regulations in each the Climbing Facility and agree to abide by such rules and regulations. I agree to follow all Climb So iLL Ascend rules and regulations that may be posted at each the Climbing Facility or communicated to me by Climb So iLL Ascend personnel from time to timetime and all safety and hygiene procedures and protocols intended to lessen the likelihood of the spread of disease among participants and staff. I further understand that it is my responsibility to comply with all laws and other requirements imposed by federal, state, and local authorities. If my access or membership is revoked, suspended or terminated I understand that I am not entitled to a refund. I understand that neither Climb So iLL Ascend nor any of the Released Parties makes any warranties or representations (express or implied) concerning any of the FacilitiesClimbing Facility, including but not limited to the my safety or that of me or my property while on or about any Facility, the Facility or the conditions of each Facility, the Climbing Facility or the quality, condition or safety quality of the equipment I may use or encounter while in each the Climbing Facility or engaging in activities therein. Climbing is dangerous! In both supervised and unsupervised activities, I acknowledge that all Participants visitors are responsible for their own safety. My participation in these activities is purely voluntary, and I choose to participate in spite of and with knowledge of the risks. Therefore, I assume and accept full responsibility for those risks identified here and for those risks not identified, and for injury, damage, death or other loss suffered by me resulting from those risks, my own negligence, and/or the negligence of any one or more of the Released Parties.. I expressly assume each and every risk involved with use of the Climbing Facility and involved in the act of climbing, to the fullest extent provided under applicable law, including but not limited to, A) Falls and crashes into the climbing wall, holds, rocks, or other obstacles; B) Risks associated with crossing or climbing up or down; C) Equipment failure; D) My own physical strength, coordination, sense of balance, and ability to follow to give directions while climbing, belaying, lifting, or spotting, E) Fatigue, chill, or dizziness; F) The actions of other individuals. Further, I expressly assume the risk for the ongoing protection and care of my personal property brought onto the premise by myself, or my agents, and understand that the Climbing Facility and/or its staff members maintain no duty to safeguard my personal property. Release and Indemnity Agreement

ACKNOWLEDGMENT AND ASSUMPTION OF RISKS. Engaging in climbing or other activities at any Facility and/or at other locations, both indoor and outdoor, that are sponsored by or involve any of the Released Parties, involve serious risks. These activities vary but can include bouldering (un- roped climbing), climbing, belaying and rappelling on any Facility’s artificial climbing walls or other walls, equipment, or facilities, with or without Climb So iLL staff present, and other activities such as fitness classes (yoga, cardio, etc.), climbing instructional classes, personal instruction or personal training, and use of rental equipment, weights and/or fitness equipment. I acknowledge that participating in climbing or such other activities involves risks, including but not limited to risks involving physical activity, decision making, equipment failure or misuse, falling objects or building elements, and such other risks and hazards associated with rock climbing activities, use of artificial climbing walls or my presence in any Facility. Some risks are inherent in these activities and cannot be eliminated or reduced. A variety of other risks also exist. I understand that wearing a helmet does not eliminate the dangers associated with any activity but that in certain instances a helmet can reduce the risk of permanent injury or death. I understand that the Released Parties recommend that I wear a helmet and that if I choose not to wear a helmet I do so against their advice and at my own risk. These inherent and other risks, hazards and dangers can cause injury, property damage, illness, mental or emotional trauma, paralysis, disability or death to the Participant or others. Unsupervised use of the Facilities before or after normal hoursFacilities. I understand that at certain times, I may have unsupervised access to and use of the FacilitiesFacilities which could include but not be limited to situations wherein there are no Climb So iLL personnel present at the Facilities and/or Climb So iLL personnel are not supervising and/or monitoring my activities at the Facilities on a real-time basis. During these situations, I understand that if I choose to engage in any climbing, exercise, and/or other activity activities during periods when a Facility is not supervised by Climb So iLL personnel or monitored on a real-time basis, that there may be a total inability for anyone to be summoned from on or off the premises of the Facility to provide any emergency response to me if I need such response. I understand that climbing, exercise and/or other activities in unsupervised and/or unmonitored settings increase the risks to me related to the occurrence of adverse events and the provision of timely emergency response, and that by engaging in such activity anyway, without supervision and/or real-time monitoring, I assume all the additional risks related thereto, including the possibility of injury, enhanced injury or greater/more severe injury or even death. I understand that known, unknown and/or unanticipated risks, hazards and dangers may result in injury, damage, death or other loss. I acknowledge that participating in these activities requires a special degree of skill and knowledge different from other activities and that I have responsibilities as a Participant. I have no mental or physical problems or limitations that might compromise or affect my ability to participate in climbing activities which have not been disclosed in writing to Climb So iLL. I acknowledge that Climb So iLL staff is, and has been, available to answer further questions about the nature and physical demands of these activities and the risks, hazards, and dangers associated with these activities. I understand that the presence of Climb So iLL personnel is absolutely no assurance of my safety nor does the presence of personnel lessen any of these risks, and I represent I am fully capable of participating in these activities without causing harm to me or others. I have read or have had the opportunity to read the rules of conduct and other regulations in each Facility and agree to abide by such rules and regulations. I agree to follow all Climb So iLL rules and regulations that may be posted at each Facility or communicated to me by Climb So iLL personnel from time to time. I understand that neither Climb So iLL nor any of the Released Parties makes any warranties or representations (express or implied) concerning any of the Facilities, including but not limited to the safety of me or my property while on or about any Facility, the conditions of each Facility, or the quality, condition or safety of the equipment I may use or encounter while in each Facility or engaging in activities therein. Climbing is dangerous! In both supervised and unsupervised activities, I acknowledge that all Participants are responsible for their own safety. My participation in these activities is purely voluntary, and I choose to participate in spite of and with knowledge of the risks. Therefore, I assume and accept full responsibility for those risks identified here and for those risks not identified, and for injury, damage, death or other loss suffered by me resulting from those risks, my own negligence, and/or the negligence of any one or more of the Released Parties.