Common use of Assumption of Risk and Responsibility Clause in Contracts

Assumption of Risk and Responsibility. In recognition of the inherent risks of the Activity which I, and any minor children for which I am responsible, will engage in, I/we confirm that I am (we are) physically and mentally capable of participating in the Activity and/or using equipment. I/We participate willingly and voluntarily and I/we understand that the Company cannot guarantee that any facility or equipment is free of risk. I/We also assume responsibility for damage to or loss of my/our personal property, and in no event shall the Company’s liability with respect to personal property exceed the lesser of the actual value or $100.00. I/We also assume risk for accidents or injuries caused by my/our own negligence or errors whether or not such negligence is comparative or contributory. I am (we are) aware of the meaning of the terms "Unroped Climbing" (aka "Bouldering"), "Top Rope Climbing,” and "Lead Climbing" and understand the differences between the activities. I/We accept that lead climbing is the most dangerous due to the hazard to both leader and follower. I/We agree to be "checked out" on climbing and belaying skills prior to participation, and that I/we have read, understand, and will follow all MetroRock General Policies and Climbing Policies. I/We acknowledge that wearing appropriate clothing and footwear are basic safety precautions, and that wearing a UIAA approved helmet may help assist in the prevention of head and/or neck injuries. I/We understand that the sport of indoor rock climbing is not the same as the sport of outdoor rock climbing, that outdoor rock climbing requires additional skills and instruction that I/we cannot obtain by indoor rock climbing, and that no amount of experience and instruction in indoor rock climbing will provide me/us with the skills or instruction necessary for outdoor rock climbing. I/We assume the risk(s) of any and all personal injury, accidents and/or illness, including, but not limited to, sprains, torn muscles and/or ligaments; fractured or broken bones; eye damage; cuts, wounds, scrapes, abrasions, and/or contusions; dehydration, oxygen shortage (anoxia); head, neck, and/or spinal injuries; heat exhaustion and/or heat stroke; shock, paralysis, and/or death that are not caused directly and solely by the negligence or willful misconduct of the Company or its employees, agents, or affiliates. I/We agree to use care in the use of the Company’s facilities, equipment, and services and to protect against accidents by other parties. PARTICIPATION: I/We recognize that the Company may find it necessary to terminate an Activity due to forces of nature, medical necessities, or problems in the group or any member of the group; and/or refuse or terminate the participation of any person the Company determines in its sole discretion to be incapable of meeting the rigors or requirements of participating in the Activity. I/We accept the Company’s right to take such actions in the Company’s discretion. I/We acknowledge that no guarantees have been made with respect to climbing objectives. AUTHORIZATION: I/We hereby authorize any medical treatment deemed necessary in the event of any injury or illness while participating in the Activity. I/We either have appropriate insurance or, in its absence, agree to pay all costs of rescue and/or medical services as may be incurred on my/our behalf. For valuable consideration, including digital copies upon request, I/We irrevocably consent to and authorize the use and reproduction by the Company, or anyone authorized by the Company, of any and all photographs and images which have been taken of me/us, for any purpose whatsoever, without further compensation to me/us. GOVERNING LAW AND JURISDICTION; PREVAILING PARTY; DURATION: This Participant Agreement shall be governed in all respects by the substantive laws of the state in which the cause of action arises, without regard for conflict of law principles of such state. I/We hereby irrevocably submit to personal jurisdiction in any action brought in any court, federal or state having subject matter jurisdiction arising under this Participant Agreement within Middlesex County, Massachusetts, and I/We hereby waive, to the fullest extent permitted by law, the defenses of lack of personal jurisdiction, inconvenient forum, and improper venue to the maintenance of any action. I/We hereby waive the right to a trial by jury. In the event that I/we commence an action against the Company or any of its affiliates and fail to obtain judgment or receive partial judgment, I/We shall be liable to the Company for all costs and expenses the Company or its affiliates incurred in the defense of the action or any claims on which I/We did not prevail, including attorneys’ fees. This Participant Agreement supersedes all prior participant agreements, contracts, and understandings, whether oral or written, between me/us and the Company. It shall not expire and shall continue in full force and effect unless superseded, modified, or terminated in a written agreement signed by me/us and acknowledged by the Company. I/we certify that I/we have read and understand each section of the foregoing Participant Agreement, and understand, acknowledge, and agree to all of the language therein. Today’s Date: / / Participant’s Name (printed) Date of Birth: / / Street Address: City: State: Zip: Phone: E-mail:

Assumption of Risk and Responsibility. In recognition of the inherent risks of the Activity which I, and any minor children for which I am responsible, will engage in, I/we confirm that I am (we are) physically and mentally capable of participating in the Activity and/or using equipment. I/We participate willingly and voluntarily and I/we understand that the Company cannot guarantee that any facility or equipment is free of risk. I/We also assume responsibility for damage to or loss of my/our personal property, and in no event shall the Company’s liability with respect to personal property exceed the lesser of the actual value or $100.00. I/We also assume risk for accidents or injuries caused by my/our own negligence or errors whether or not such negligence is comparative or contributory. I am (we are) aware of the meaning of the terms "Unroped Climbing" (aka "Bouldering"), "Top Rope Climbing,” and "Lead Climbing" and understand the differences between the activities. I/We accept that lead climbing is the most dangerous due to the hazard to both leader and follower. I/We agree to be "checked out" on climbing and belaying skills prior to participation, and that I/we have read, understand, and will follow all MetroRock General Policies and Climbing Policies. I/We acknowledge that wearing appropriate clothing and footwear are basic safety precautions, and that wearing a UIAA approved helmet may help assist in the prevention of head and/or neck injuries. I/We understand that the sport of indoor rock climbing is not the same as the sport of outdoor rock climbing, that outdoor rock climbing requires additional skills and instruction that I/we cannot obtain by indoor rock climbing, and that no amount of experience and instruction in indoor rock climbing will provide me/us with the skills or instruction necessary for outdoor rock climbing. I/We assume the risk(s) of any and all personal injury, accidents and/or illness, including, but not limited to, sprains, torn muscles and/or ligaments; fractured or broken bones; eye damage; cuts, wounds, scrapes, abrasions, and/or contusions; dehydration, oxygen shortage (anoxia); head, neck, and/or spinal injuries; heat exhaustion and/or heat stroke; shock, paralysis, and/or death that are not caused directly and solely by the negligence or willful misconduct of the Company or its employees, agents, or affiliates. I/We agree to use care in the use of the Company’s facilities, equipment, and services and to protect against accidents by other parties. PARTICIPATION: I/We recognize that the Company may find it necessary to terminate an Activity due to forces of nature, medical necessities, or problems in the group or any member of the group; and/or refuse or terminate the participation of any person the Company determines in its sole discretion to be incapable of meeting the rigors or requirements of participating in the Activity. I/We accept the Company’s right to take such actions in the Company’s discretion. I/We acknowledge that no guarantees have been made with respect to climbing objectives. AUTHORIZATION: I/We hereby authorize any medical treatment deemed necessary in the event of any injury or illness while participating in the Activity. I/We either have appropriate insurance or, in its absence, agree to pay all costs of rescue and/or medical services as may be incurred on my/our behalf. For valuable consideration, including digital copies upon request, I/We irrevocably consent to and authorize the use and reproduction by the Company, or anyone authorized by the Company, of any and all photographs and images which have been taken of me/us, for any purpose whatsoever, without further compensation to me/us. GOVERNING LAW AND JURISDICTION; PREVAILING PARTY; DURATION: This Participant Agreement shall be governed in all respects by the substantive laws of the state in which the cause of action arises, without regard for conflict of law principles of such state. I/We hereby irrevocably submit to personal jurisdiction in any action brought in any court, federal or state having subject matter jurisdiction arising under this Participant Agreement within Middlesex Xxxxxxxxxx County, MassachusettsVermont, and I/We hereby waive, to the fullest extent permitted by law, the defenses of lack of personal jurisdiction, inconvenient forum, and improper venue to the maintenance of any action. I/We hereby waive the right to a trial by jury. In the event that I/we commence an action against the Company or any of its affiliates and fail to obtain judgment or receive partial judgment, I/We shall be liable to the Company for all costs and expenses the Company or its affiliates incurred in the defense of the action or any claims on which I/We did not prevail, including attorneys’ fees. This Participant Agreement supersedes all prior participant agreements, contracts, and understandings, whether oral or written, between me/us and the Company. It shall not expire and shall continue in full force and effect unless superseded, modified, or terminated in a written agreement signed by me/us and acknowledged by the Company. I/we certify that I/we have read and understand each section of the foregoing Participant Agreement, and understand, acknowledge, and agree to all of the language therein. Today’s Date: / / Participant’s Name (printed) Date of Birth: / / Street Address: City: State: Zip: Phone: E-mail:

Assumption of Risk and Responsibility. In recognition of the risks inherent risks of in the Activity which I, and any minor children for Activities in which I am responsiblewill engage, will engage in, I/we I confirm that I am (we are) physically and mentally capable of participating in those Activities and using any equipment that may be required in connection with those Activities. I am participating in the Activity and/or using equipment. I/We participate Activities willingly and voluntarily voluntarily. I assume full responsibility for torn muscles, fractures, wounds, cuts, abrasions and/or contusions, head, neck, and/or spinal injuries, bites, attacks by animals or insects, allergic reactions, shock, paralysis, coma or death, and I/we understand any expenses that the Company cannot guarantee that any facility or equipment is free of riskare related to such injuries sustained by me. I/We I also assume full responsibility for damage to or loss of my/our personal property, and in no event shall the Company’s liability with respect to my personal property exceed that may occur during Walnut Creek Flag Football Activities or otherwise. INDEMNITY & HOLD HARMLESS AGREEMENT: I agree that I will indemnify and hold harmless Walnut Creek Flag Football, its employees, principals, agents and volunteers from any loss or liability and waive any claim for damages or costs against them arising from any cause whatsoever related to my participation in Walnut Creek Flag Football Activities. I agree to indemnify and hold harmless Walnut Creek Flag Football with the lesser of the actual value or $100.00. I/We also assume risk for accidents or knowledge that my agreement encompasses any and all claims arising from damages and/or injuries caused to me as well as any and all claims arising from damages and/or injuries caused by my/our own negligence or errors whether or not such negligence me. SCOPE OF PARTICIPANT AGREEMENT AND RELEASE: I agree that this Participant Agreement and Release is comparative or contributory. I am (we are) aware of the meaning of the terms "Unroped Climbing" (aka "Bouldering"), "Top Rope Climbing,” and "Lead Climbing" and understand the differences between the activities. I/We accept that lead climbing is the most dangerous due to the hazard to both leader and follower. I/We agree intended to be "checked out" on climbing as broad and belaying skills prior to participation, and that I/we have read, understand, and will follow all MetroRock General Policies and Climbing Policies. I/We acknowledge that wearing appropriate clothing and footwear are basic safety precautions, and that wearing a UIAA approved helmet may help assist in the prevention of head and/or neck injuries. I/We understand that the sport of indoor rock climbing inclusive as is not the same as the sport of outdoor rock climbing, that outdoor rock climbing requires additional skills and instruction that I/we cannot obtain by indoor rock climbing, and that no amount of experience and instruction in indoor rock climbing will provide me/us with the skills or instruction necessary for outdoor rock climbing. I/We assume the risk(s) of any and all personal injury, accidents and/or illness, including, but not limited to, sprains, torn muscles and/or ligaments; fractured or broken bones; eye damage; cuts, wounds, scrapes, abrasions, and/or contusions; dehydration, oxygen shortage (anoxia); head, neck, and/or spinal injuries; heat exhaustion and/or heat stroke; shock, paralysis, and/or death that are not caused directly and solely permitted by the negligence or willful misconduct of the Company or its employees, agents, or affiliates. I/We agree to use care in the use of the Company’s facilities, equipment, and services and to protect against accidents by other parties. PARTICIPATION: I/We recognize that the Company may find it necessary to terminate an Activity due to forces of nature, medical necessities, or problems in the group or any member of the group; and/or refuse or terminate the participation of any person the Company determines in its sole discretion to be incapable of meeting the rigors or requirements of participating in the Activity. I/We accept the Company’s right to take such actions in the Company’s discretion. I/We acknowledge that no guarantees have been made with respect to climbing objectives. AUTHORIZATION: I/We hereby authorize any medical treatment deemed necessary in the event of any injury or illness while participating in the Activity. I/We either have appropriate insurance or, in its absence, agree to pay all costs of rescue and/or medical services as may be incurred on my/our behalf. For valuable consideration, including digital copies upon request, I/We irrevocably consent to and authorize the use and reproduction by the Company, or anyone authorized by the Company, of any and all photographs and images which have been taken of me/us, for any purpose whatsoever, without further compensation to me/us. GOVERNING LAW AND JURISDICTION; PREVAILING PARTY; DURATION: This Participant Agreement shall be governed in all respects by the substantive laws of the state in which the cause State of action arisesCalifornia. I further agree that, without regard for conflict if any portion of law principles of such state. I/We hereby irrevocably submit to personal jurisdiction in any action brought in any court, federal or state having subject matter jurisdiction arising under this Participant Agreement within Middlesex County, Massachusetts, and I/We hereby waive, to the fullest extent permitted by lawis held invalid, the defenses of lack of personal jurisdiction, inconvenient forum, remaining portions shall remain and improper venue to the maintenance of any action. I/We hereby waive the right to a trial by jury. In the event that I/we commence an action against the Company or any of its affiliates and fail to obtain judgment or receive partial judgment, I/We shall be liable to the Company for all costs and expenses the Company or its affiliates incurred in the defense of the action or any claims on which I/We did not prevail, including attorneys’ fees. This Participant Agreement supersedes all prior participant agreements, contracts, and understandings, whether oral or written, between me/us and the Company. It shall not expire and shall continue in full force and effect unless supersededeffect. I understand that this is a full and final release applying to all unknown and unanticipated damages arising in connection with my participation in Walnut Creek Flag Football Activities, modifiedas well as to those now known or disclosed, and I waive all rights and benefits that I now possess or terminated in a written agreement signed the future may acquired under the terms of Section 1542 of the Civil Code of the State of California, which provides: “A general release does not extend to the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by me/us and acknowledged by him must have materially affected his settlement with the Company. I/we certify debtor.” REGISTRATION RULES AND PLAYER CODE OF CONDUCT: I hereby confirm that I/we I have read and the Player Conduct rules. I understand each section of the foregoing Participant Agreement, and understand, acknowledge, and agree to be bound by these rules. I understand that violation by me of Walnut Creek Flag Football’s registration rules will cause my team to forfeit all games in which I have participated. I also understand that any behavior on my part contrary to the Player Conduct or league rules may result in my dismissal from the event. By my signature below, I confirm that all registration information provided by me is true and correct. MEDICAL INSURANCE COVERAGE: I understand that neither Walnut Creek Flag Football nor any of its employees, principals, agents or volunteers shall be required (1) to ensure that any participant’s health insurance coverage is valid and/or in force or (2) to confirm the language thereinvalidity of any participant’s personal identification. Today’s Date: / / Participant’s Name (printed) Date of Birth: / / Street Address: City: State: Zip: Phone: E-mail:I further understand that it is my responsibility to maintain health insurance covering any injury that I may receive while traveling to, participating in, and/or returning from any Walnut Creek Flag Football Activities.

Assumption of Risk and Responsibility. In recognition of the inherent risks of the Activity which I, and any minor children for which I am responsible, will engage in, I/we confirm that I am (we are) physically and mentally capable of participating in the Activity and/or using equipment. I/We participate willingly and voluntarily and I/we understand that the Company cannot guarantee that any facility or equipment is free of risk. I/We also assume responsibility for damage to or loss of my/our personal property, and in no event shall the Company’s liability with respect to personal property exceed the lesser of the actual value or $100.00. I/We also assume risk for accidents or injuries caused by my/our own negligence or errors whether or not such negligence is comparative or contributory. I am (we are) aware of the meaning of the terms "Unroped Climbing" (aka "Bouldering"), "Top Rope Climbing,” and "Lead Climbing" and understand the differences between the activities. I/We accept that lead climbing is the most dangerous due to the hazard to both leader and follower. I/We agree to be "checked out" on climbing and belaying skills prior to participation, and that I/we have read, understand, and will follow all MetroRock General Policies and Climbing Policies. I/We acknowledge that wearing appropriate clothing and footwear are basic safety precautions, and that wearing a UIAA approved helmet may help assist in the prevention of head and/or neck injuries. I/We understand that the sport of indoor rock climbing is not the same as the sport of outdoor rock climbing, that outdoor rock climbing requires additional skills and instruction that I/we cannot obtain by indoor rock climbing, and that no amount of experience and instruction in indoor rock climbing will provide me/us with the skills or instruction necessary for outdoor rock climbing. I/We assume the risk(s) of any and all personal injury, accidents and/or illness, including, but not limited to, sprains, torn muscles and/or ligaments; fractured or broken bones; eye damage; cuts, wounds, scrapes, abrasions, and/or contusions; dehydration, oxygen shortage (anoxia); head, neck, and/or spinal injuries; heat exhaustion and/or heat stroke; shock, paralysis, and/or death that are not caused directly and solely by the negligence or willful misconduct of the Company or its employees, agents, or affiliates. I/We agree to use care in the use of the Company’s facilities, equipment, and services and to protect against accidents by other parties. PARTICIPATION: I/We recognize that the Company may find it necessary to terminate an Activity due to forces of nature, medical necessities, or problems in the group or any member of the group; and/or refuse or terminate the participation of any person the Company determines in its sole discretion to be incapable of meeting the rigors or requirements of participating in the Activity. I/We accept the Company’s right to take such actions in the Company’s discretion. I/We acknowledge that no guarantees have been made with respect to climbing objectives. AUTHORIZATION: I/We hereby authorize any medical treatment deemed necessary in the event of any injury or illness while participating in the Activity. I/We either have appropriate insurance or, in its absence, agree to pay all costs of rescue and/or medical services as may be incurred on my/our behalf. For valuable consideration, including digital copies upon request, I/We irrevocably consent to and authorize the use and reproduction by the Company, or anyone authorized by the Company, of any and all photographs and images which have been taken of me/us, for any purpose whatsoever, without further compensation to me/us. GOVERNING LAW AND JURISDICTION; PREVAILING PARTY; DURATION: This Participant Agreement shall be governed in all respects by the substantive laws of the state in which the cause of action arises, without regard for conflict of law principles of such state. I/We hereby irrevocably submit to personal jurisdiction in any action brought in any court, federal or state having subject matter jurisdiction arising under this Participant Agreement within Middlesex Essex County, Massachusetts, and I/We hereby waive, to the fullest extent permitted by law, the defenses of lack of personal jurisdiction, inconvenient forum, and improper venue to the maintenance of any action. I/We hereby waive the right to a trial by jury. In the event that I/we commence an action against the Company or any of its affiliates and fail to obtain judgment or receive partial judgment, I/We shall be liable to the Company for all costs and expenses the Company or its affiliates incurred in the defense of the action or any claims on which I/We did not prevail, including attorneys’ fees. This Participant Agreement supersedes all prior participant agreements, contracts, and understandings, whether oral or written, between me/us and the Company. It shall not expire and shall continue in full force and effect unless superseded, modified, or terminated in a written agreement signed by me/us and acknowledged by the Company. I/we certify that I/we have read and understand each section of the foregoing Participant Agreement, and understand, acknowledge, and agree to all of the language therein. Today’s Date: / / Participant’s Name (printed) Date of Birth: / / Street Address: City: State: Zip: Phone: E-mail:

Assumption of Risk and Responsibility. In recognition of the inherent risks of the Activity activity, which I, I and any minor children for which I am responsible, will engage in, I/we I confirm that I am (we are) physically and mentally capable of participating in the Activity activity and/or using the equipment. I/We participate willingly and voluntarily voluntarily, and I/we understand that the Company cannot guarantee that I assume full responsibility for personal injury, accidents or illness (including death), and any facility or equipment is free of riskrelated expenses. I/We I also assume responsibility for damage to or loss of my/our personal property, and in no event shall the Company’s liability with respect to personal property exceed the lesser of the actual value or $100.00. I/We I also assume risk responsibility for accidents or injuries injury caused by my/our own the negligence or errors of my belayer, whether or not such negligence is comparative comparable or contributory. I am (we are) aware of the meaning of the terms "Unroped Climbing" (aka "Bouldering"), "Top Rope Climbing,” and "Lead Climbing" and understand the differences between the activities. I/We accept that lead climbing is the most dangerous due to the hazard to both leader and follower. I/We agree to be "checked out" on climbing and belaying skills prior to participation, and that I/we have read, understand, and will follow all MetroRock General Policies and Climbing Policies. I/We acknowledge that wearing appropriate clothing and footwear are basic safety precautions, precautions and that wearing a UIAA helmet approved helmet by the UIAA, the International Mountaineering and Climbing Federation, may help assist in the prevention of help/prevent head and/or neck injuries. I/We understand that the sport of indoor rock climbing is not the same as the sport of outdoor rock climbing, that outdoor rock climbing requires additional skills and instruction that I/we cannot obtain by indoor rock climbing, and that no amount of experience and instruction in indoor rock climbing will provide me/us with the skills or instruction necessary for outdoor rock climbing. I/We I assume the risk(s) of any and all personal injury, accidents and/or illness, including, included but not limited to, to sprains, torn muscles and/or ligaments; fractured or broken bones; eye damage; cuts, wounds, scrapes, abrasions, abrasions and/or contusions; dehydration, oxygen shortage (anoxia), exposure and/or altitude sickness; head, neck, neck and/or spinal injuries; heat exhaustion and/or heat strokeanimal bite or attack; insect bite or allergic reaction; shock, paralysis, paralysis and/or death death; and acknowledge that are not caused directly and solely by during the negligence or willful misconduct of the Company or its employees, agents, or affiliates. activity I/We agree to use care in we may experience fatigue, chills and/or dizziness, which may diminish my/our reaction time and increase the use risk of the Company’s facilities, equipment, and services and to protect against accidents by other partiesan accident. PARTICIPATIONCOVENANT OF GOOD FAITH: I/We I recognize that the Company you, as provider of services, will operate under reasonable standards of good faith and fair dealing, but that you may find it necessary to terminate an Activity activity due to forces of nature, medical necessities, necessities or problems in the group or any member of the group; and/or refuse or terminate the participation of any person the Company determines in its sole discretion you judge to be incapable of meeting the rigors or requirements of participating in the Activityactivity. I/We I accept the Company’s your right to take such actions in for the Company’s discretionsafety of myself and/or other participants. I/We I acknowledge that no guarantees have been made with respect to climbing objectives. MEDICAL AUTHORIZATION: I/We I hereby authorize any medical treatment deemed necessary in the event of any injury or illness while participating in the Activityactivity. I/We I either have appropriate insurance or, in its absence, agree to pay all costs of rescue and/or medical services as may be incurred on my/our my behalf. For valuable consideration, including digital copies upon request, I/We irrevocably consent to and authorize the use and reproduction by the Company, or anyone authorized by the Company, of any and all photographs and images which have been taken of me/us, for any purpose whatsoever, without further compensation to me/us. GOVERNING LAW AND JURISDICTION; PREVAILING PARTY; DURATION: This Participant Agreement shall be governed in all respects by the substantive laws of the state in which the cause of action arises, without regard for conflict of law principles of such state. I/We hereby irrevocably submit to personal jurisdiction in any action brought in any court, federal or state having subject matter jurisdiction arising under this Participant Agreement within Middlesex County, Massachusetts, and I/We hereby waive, to the fullest extent permitted by law, the defenses of lack of personal jurisdiction, inconvenient forum, and improper venue to the maintenance of any action. I/We hereby waive the right to a trial by jury. In the event that I/we commence an action against the Company or any of its affiliates and fail to obtain judgment or receive partial judgment, I/We shall be liable to the Company for all costs and expenses the Company or its affiliates incurred in the defense of the action or any claims on which I/We did not prevail, including attorneys’ fees. This Participant Agreement supersedes all prior participant agreements, contracts, and understandings, whether oral or written, between me/us and the Company. It shall not expire and shall continue in full force and effect unless superseded, modified, or terminated in a written agreement signed by me/us and acknowledged by the Company. I/we certify that I/we have read and understand each section of the foregoing Participant Agreement, and understand, acknowledge, and agree to all of the language therein. Today’s Date: / / Participant’s Name (printed) Date of Birth: / / Street Address: City: State: Zip: Phone: E-mail:.

Assumption of Risk and Responsibility. In consideration of, and in recognition of the inherent risks associated with the activity and the use of the Activity which facility, I, and/or on behalf of any minor children which I am responsible for, agree, on behalf of myself, my/our heirs, representatives, successors, executors, administrators and assigns, to hereby release, waive, discharge and agree not to xxx its oflcers, directors, shareholders, agents and employees, for any and all claims or demands, obligations and/or causes of action of any nature whatsoever which I may have against its oflcers, directors, shareholders, agents and employees, on account of any personal injury, property damage, death or accident of any kind, arising out of or in any way connected with use of the facility or equipment, whether my/our use is supervised or unsupervised and I/we agree to indemnify and hold harmless the persons or entities mentioned in this paragraph from any and all liabilities or claims made by other individuals or entities as a result of my/our actions. I further certify, acknowledge and agree on behalf of myself and/or any minor children for which I am responsible, will engage in, Ithat I am/we confirm that I am (we are) are physically and mentally capable of participating in the Activity activity and/or using use the equipment. I/We participate willingly we assume responsibility for and voluntarily assume the risks for any personal injury, death and related expenses involved with this activity. I/we understand that the Company cannot guarantee that any facility or equipment is free of risk. I/We also assume responsibility for damage to or loss of my/our personal property, and in no event shall the Company’s liability with respect to personal property exceed the lesser of the actual value or $100.00. I/We also we assume risk the risks for accidents or injuries injury caused by my/our own negligence or errors whether or not such negligence is comparative or contributory. I am (we are) aware of the meaning of the terms "Unroped Climbing" (aka "Bouldering"), "Top Rope Climbing,” and "Lead Climbing" and understand the differences between the activities. I/We accept that lead climbing is the most dangerous due to the hazard to both leader and follower. I/We agree to be "checked out" on climbing and belaying skills prior to participation, and that I/we have read, understand, and will follow all MetroRock General Policies and Climbing Policies. I/We acknowledge that wearing appropriate clothing and footwear are basic safety precautions, and that wearing a UIAA approved helmet may help assist in the prevention of head and/or neck injuries. I/We understand that the sport of indoor rock climbing is not the same as the sport of outdoor rock climbing, that outdoor rock climbing requires additional skills and instruction that I/we cannot obtain by indoor rock climbing, and that no amount of experience and instruction in indoor rock climbing will provide me/us with the skills or instruction necessary for outdoor rock climbing. I/We assume the risk(s) of any and all personal injury, accidents and/or illness, including, but not limited to, sprains, torn muscles and/or ligaments; fractured or broken bones; eye damage; cuts, wounds, scrapes, abrasions, and/or contusions; dehydration, oxygen shortage (anoxia); head, neck, and/or spinal injuries; heat exhaustion and/or heat stroke; shock, paralysis, and/or death that are not caused directly and solely by the negligence or willful misconduct of my fellow climbers. I declare that all information given in this form is true and correct to the Company or its employees, agents, or affiliates. I/We agree to use care in the use best of the Company’s facilities, equipment, my knowledge and services belief and to protect against accidents by other parties. PARTICIPATION: I/We recognize note that the Company may find it necessary to terminate an Activity due to forces of naturedata collected above will only be used by Kathmandu Sport Climbing Center in accordance with their Personal Data Protection Policies. FOR OFFICIAL USE ONLY KSCC Registration No: Processed by: IN WITNESS WHEREOF, medical necessities, or problems in the group or any member of the group; and/or refuse or terminate the participation of any person the Company determines in its sole discretion to be incapable of meeting the rigors or requirements of participating in the ActivityI have signed this agreement on this day. I/We accept the Company’s right to take such actions in the Company’s discretion. I/We acknowledge that no guarantees have been made with respect to climbing objectives. AUTHORIZATION: I/We hereby authorize any medical treatment deemed necessary in the event of any injury or illness while participating in the Activity. I/We either have appropriate insurance or, in its absence, agree to pay all costs of rescue and/or medical services as may be incurred on my/our behalf. For valuable consideration, including digital copies upon request, I/We irrevocably consent to Participant Signature (12 years and authorize the use older must sign) Parent /Legal Guardian Signature Participant Name KATHMAPareNnt /LeDgal GuUardian Name and reproduction by the Company, or anyone authorized by the Company, of any and all photographs and images which have been taken of me/us, for any purpose whatsoever, without further compensation to me/us. GOVERNING LAW AND JURISDICTION; PREVAILING PARTY; DURATION: This Participant Agreement shall be governed in all respects by the substantive laws of the state in which the cause of action arises, without regard for conflict of law principles of such state. I/We hereby irrevocably submit to personal jurisdiction in any action brought in any court, federal or state having subject matter jurisdiction arising under this Participant Agreement within Middlesex County, Massachusetts, and I/We hereby waive, to the fullest extent permitted by law, the defenses of lack of personal jurisdiction, inconvenient forum, and improper venue to the maintenance of any action. I/We hereby waive the right to a trial by jury. In the event that I/we commence an action against the Company or any of its affiliates and fail to obtain judgment or receive partial judgment, I/We shall be liable to the Company for all costs and expenses the Company or its affiliates incurred in the defense of the action or any claims on which I/We did not prevail, including attorneys’ fees. This Participant Agreement supersedes all prior participant agreements, contracts, and understandings, whether oral or written, between me/us and the Company. It shall not expire and shall continue in full force and effect unless superseded, modified, or terminated in a written agreement signed by me/us and acknowledged by the Company. I/we certify that I/we have read and understand each section of the foregoing Participant Agreement, and understand, acknowledge, and agree to all of the language therein. Today’s ID Number Date: / / Participant’s Name (printed) Date of BirthSPORT CLIMBING CENTER Date: / / Street Address: City: State: Zip: Phone: E-mail:FOR PARTICIPANTS UNDER 18 ONLY Kathmandu Sport Climbing Center Pvt. Ltd. Kaldhara Chowk-16, Kathmandu, Nepal

Assumption of Risk and Responsibility. In consideration of, and in recognition of the inherent risks of the Activity which Iactivity associated with the use of the Rock Gem Climbing Center LLC facility, and I and/or on behalf of any minor children for which I am responsible, will engage inknowingly and intentionally agree on behalf of myself, my/our heirs, representatives, successors, executors, administrators and assigns to hereby RELEASE, WAIVE, DISCHARGE AND AGREE NOT TO XXX Rock Gem Climbing Center LLC, its officers, owners, agents, volunteers and employees from any and all claims or demands, obligations and/or causes of action of any nature whatsoever which I/we confirm that may have against Rock Gem Climbing Center LLC, its officers, owners, agents, volunteers or employees on account of any personal injury, property damage, death or accident of any kind arising out of or in any way connected with use of the Rock Gem Climbing Center LLC, facility or equipment, whether my/our use is supervised or unsupervised and I/we agree to indemnify and hold harmless the persons or entities mentioned in this paragraph from any and all liabilities or claims made by other individuals or entities as a result of my/our actions. This release shall be effective even though said loss, damage or injury results or has resulted from the negligence, wrongful acts, omissions, breach of warranty or strict tort liability of Rock Gem Climbing Center LLC, or the other parties released. I further certify, acknowledge and agree on behalf of myself and/or any minor children for which I am responsible that: I am (we are) physically and mentally capable of participating in the Activity activity and/or using the equipment. I/We participate willingly and voluntarily and ; I/we understand that assume responsibility for and voluntarily assume the Company cannot guarantee that risks for any facility or equipment is free of risk. personal injury, death and related expenses involved with this activity; I/We also we assume responsibility for damage to or loss of my/our personal property, and in no event shall the Company’s liability with respect to personal property exceed the lesser of the actual value or $100.00. ; I/We also we assume risk the risks for accidents or injuries injury caused by the negligence of my/our own negligence belayer or errors whether or not such negligence is comparative or contributory. I am (we are) aware of the meaning of the terms "Unroped Climbing" (aka "Bouldering"), "Top Rope Climbing,” spotter; and "Lead Climbing" and understand the differences between the activities. I/We accept that lead climbing is the most dangerous due to the hazard to both leader and follower. I/We agree to be "checked out" on climbing and belaying skills prior to participation, and that I/we have readgrant Rock Gem Climbing Center LLC, understand, and will follow all MetroRock General Policies and Climbing Policies. I/We acknowledge that wearing appropriate clothing and footwear are basic safety precautions, and that wearing a UIAA approved helmet may help assist in the prevention of head and/or neck injuries. I/We understand that the sport of indoor rock climbing is not the same as the sport of outdoor rock climbing, that outdoor rock climbing requires additional skills and instruction that I/we cannot obtain by indoor rock climbing, and that no amount of experience and instruction in indoor rock climbing will provide me/us with the skills or instruction necessary for outdoor rock climbing. I/We assume the risk(s) of any and all personal injury, accidents and/or illness, including, but not limited to, sprains, torn muscles and/or ligaments; fractured or broken bones; eye damage; cuts, wounds, scrapes, abrasions, and/or contusions; dehydration, oxygen shortage (anoxia); head, neck, and/or spinal injuries; heat exhaustion and/or heat stroke; shock, paralysis, and/or death that are not caused directly and solely by the negligence or willful misconduct of the Company or its employees, agentsagents and volunteers permission to authorize emergency medical treatment as it deems appropriate, and agree that such action by Rock Gem Climbing Center LLC, or affiliatesthe other parties mentioned shall be subject to the terms of this agreement. I/We Should Rock Gem Climbing Center LLC, or anyone acting on its behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to use care in the use of the Company’s facilities, equipment, indemnify and services hold them harmless for all fees and costs. I certify that I have adequate insurance to protect against accidents by other parties. PARTICIPATION: I/We recognize that the Company may find it necessary to terminate an Activity due to forces of nature, medical necessities, or problems in the group or any member of the group; and/or refuse or terminate the participation of any person the Company determines in its sole discretion to be incapable of meeting the rigors or requirements of participating in the Activity. I/We accept the Company’s right to take such actions in the Company’s discretion. I/We acknowledge that no guarantees have been made with respect to climbing objectives. AUTHORIZATION: I/We hereby authorize any medical treatment deemed necessary in the event of cover any injury or illness damage I may cause or suffer while participating in the Activity. I/We either have appropriate insurance orparticipating, in its absence, or else I agree to pay all bear the costs of rescue and/or medical services as may be incurred on my/our behalf. For valuable consideration, including digital copies upon request, I/We irrevocably consent such injury or damage to and authorize the use and reproduction by the Company, or anyone authorized by the Company, of any and all photographs and images which have been taken of me/us, for any purpose whatsoever, without further compensation to me/us. GOVERNING LAW AND JURISDICTION; PREVAILING PARTY; DURATION: This Participant Agreement shall be governed in all respects by the substantive laws of the state in which the cause of action arises, without regard for conflict of law principles of such state. I/We hereby irrevocably submit to personal jurisdiction in any action brought in any court, federal or state having subject matter jurisdiction arising under this Participant Agreement within Middlesex County, Massachusetts, and I/We hereby waive, to the fullest extent permitted by law, the defenses of lack of personal jurisdiction, inconvenient forum, and improper venue to the maintenance of any action. I/We hereby waive the right to a trial by jury. In the event that I/we commence an action against the Company or any of its affiliates and fail to obtain judgment or receive partial judgment, I/We shall be liable to the Company for all costs and expenses the Company or its affiliates incurred in the defense of the action or any claims on which I/We did not prevail, including attorneys’ fees. This Participant Agreement supersedes all prior participant agreements, contracts, and understandings, whether oral or written, between me/us and the Company. It shall not expire and shall continue in full force and effect unless superseded, modified, or terminated in a written agreement signed by me/us and acknowledged by the Company. I/we certify that I/we have read and understand each section of the foregoing Participant Agreement, and understand, acknowledge, and agree to all of the language therein. Today’s Date: / / Participant’s Name (printed) Date of Birth: / / Street Address: City: State: Zip: Phone: E-mail:myself.