Common use of RELEASE AND PROMISE NOT TO SUE Clause in Contracts

RELEASE AND PROMISE NOT TO SUE. In consideration of my observing or using the facilities, climbing walls or equipment of Vertical Endeavors, and/or in consideration of my participating in the classes or activities sponsored by Vertical Endeavors, I hereby agree to RELEASE FROM ALL LIABILITY, DISCHARGE, and PROMISE NOT TO SUE , Vertical Endeavors, or any officer, director, member, employee, volunteer, or agent of Vertical Endeavors or any other climber, visitor, or person present in or using the facilities, climbing walls or equipment of Vertical Endeavors. It is my express purpose to bind myself, my heirs, my administrators and my executors hereby. In consideration of my observing or using the facilities, climbing walls or equipment and/or in consideration of my participating in the classes or activities sponsored by Vertical Endeavors, I also hereby agree to RELEASE FROM ALL LIABILITY, DISCHARGE, and PROMISE NOT TO SUE the designers, manufacturers or installers of the facilities, climbing walls or equipment of Vertical Endeavors or the landlord of Vertical Endeavors. This agreement releases the aforementioned persons from any liability to me, my heirs, or next of kin, assigns, or personal representatives, for any losses or damages or claims or demands arising out of my PERSONAL INJURIES, damage to my PROPERTY, or from my DEATH. If any provision of this Agreement is held invalid, the invalidity shall not affect other provisions of the Agreement which can be given effect without the invalid provisions, and to this end the provisions of the Agreement are to be severable. This Agreement shall be governed by the laws of the State of Minnesota. Initial (If participant is under 18, Parent/Legal Guardian must initial.)

RELEASE AND PROMISE NOT TO SUE. In consideration of my observing or using the facilities, climbing walls or equipment of Vertical EndeavorsOff The Wall & Gameroom LLC, and/or in consideration of my participating in the classes or activities sponsored by Vertical EndeavorsOff The Wall & Gameroom LLC, I hereby agree to RELEASE FROM ALL LIABILITY, DISCHARGE, and PROMISE NOT TO SUE SUE, Vertical EndeavorsOff The Wall & Gameroom LLC, or any officer, director, member, employee, volunteer, or agent of Vertical Endeavors Off The Wall & Gameroom LLC or any other climberparticipant, visitor, or person present in or using the facilities, climbing walls or facilities and equipment of Vertical EndeavorsOff The Wall & Gameroom LLC. It is my express purpose to bind myself, my heirs, my administrators and my executors hereby. In consideration of my observing or using the facilities, climbing walls or facilities and equipment and/or in consideration of my participating in the classes or activities sponsored by Vertical EndeavorsOff the Wall & Gameroom LLC, I also hereby agree to RELEASE FROM ALL LIABILITY, DISCHARGE, and PROMISE NOT TO SUE the designers, manufacturers or installers of the facilities, climbing walls or facilities and equipment of Vertical Endeavors or Off the landlord of Vertical EndeavorsWall & Gameroom LLC. This agreement releases the aforementioned persons from any liability to me, my heirs, or next of kin, assigns, or personal representatives, for any losses or damages or claims or demands arising out of my PERSONAL INJURIES, damage to my PROPERTY, or from my DEATH. If any provision of this Agreement is held invalid, the invalidity shall not affect other provisions of the Agreement which can be given effect without the invalid provisions, and to this end the provisions of the Agreement are to be severable. This Agreement shall be governed by the laws of the State of MinnesotaFlorida. I AGREE AND UNDERSTAND THAT THIS WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT WILL EXTEND TO ALL CLAIMED WRONGFUL ACTS OF THE RELEASED PARTIES TO THE GREATEST EXTENT ALLOWED UNDER THE LAWS OF THE STATE OF FLORIDA, INCLUDING THE NEGLIGENCE OF THE RELEASED PARTIES. Initial (If participant is under 18, Parent/Legal Guardian must initial.)

RELEASE AND PROMISE NOT TO SUE. In consideration of my observing or using the facilities, climbing walls or equipment of Vertical EndeavorsOff the Wall, and/or in consideration of my participating in the classes or activities sponsored by Vertical EndeavorsOff the Wall, I hereby agree to RELEASE FROM ALL LIABILITY, DISCHARGE, and PROMISE NOT TO SUE SUE, Vertical EndeavorsOff the Wall, or any officer, director, member, employee, volunteer, or agent of Vertical Endeavors Off the Wall or any other climberparticipant, visitor, or person present in or using the facilities, climbing walls or facilities and equipment of Vertical EndeavorsOff the Wall. It is my express purpose to bind myself, my heirs, my administrators and my executors hereby. In consideration of my observing or using the facilities, climbing walls or facilities and equipment and/or in consideration of my participating in the classes or activities sponsored by Vertical EndeavorsOff the Wall, I also hereby agree to RELEASE FROM ALL LIABILITY, DISCHARGE, and PROMISE NOT TO SUE the designers, manufacturers or installers of the facilities, climbing walls or facilities and equipment of Vertical Endeavors or Off the landlord of Vertical EndeavorsWall. This agreement releases the aforementioned persons from any liability to me, my heirs, or next of kin, assigns, or personal representatives, for any losses or damages or claims or demands arising out of my PERSONAL INJURIES, damage to my PROPERTY, or from my DEATH. If any provision of this Agreement is held invalid, the invalidity shall not affect other provisions of the Agreement which can be given effect without the invalid provisions, and to this end the provisions of the Agreement are to be severable. This Agreement shall be governed by the laws of the State of MinnesotaFlorida. I AGREE AND UNDERSTAND THAT THIS WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT WILL EXTEND TO ALL CLAIMED WRONGFUL ACTS OF THE RELEASED PARTIES TO THE GREATEST EXTENT ALLOWED UNDER THE LAWS OF THE STATE OF FLORIDA, INCLUDING THE NEGLIGENCE OF THE RELEASED PARTIES. Initial (If participant is under 18, Parent/Legal Guardian must initial.)

RELEASE AND PROMISE NOT TO SUE. In consideration of my observing or using the climbing facilities, climbing walls or equipment of Vertical Endeavors/Life Time Fitness, and/or in consideration of my participating in the classes or activities sponsored by Vertical Endeavors/Life Time Fitness, I hereby agree to RELEASE FROM ALL LIABILITY, DISCHARGE, and PROMISE NOT TO SUE , Vertical Endeavors, or any officer, director, member, employee, volunteer, or agent of Vertical Endeavors /Life Time Fitness or any other climber, visitor, or person present in or using the climbing facilities, climbing walls or equipment of Vertical Endeavors/Life Time Fitness, for any injury arising from my use of the climbing facilities, climbing wall or equipment, including those resulting from the NEGLIGENCE of Vertical Endeavors/Life Time Fitness and any other climber, visitor, or person present in or using the facilities. It is my express purpose to bind myself, my heirs, my administrators and my executors hereby. In consideration of my observing or using the climbing facilities, climbing walls or equipment and/or in consideration of my participating in the classes or activities sponsored by Vertical Endeavors/Life Time Fitness, I also hereby agree to RELEASE FROM ALL LIABILITY, DISCHARGE, and PROMISE NOT TO SUE the designers, manufacturers or installers of the climbing facilities, climbing walls or equipment of Vertical Endeavors Endeavors/Life Time Fitness, for any injury arising from my use of the climbing walls, climbing facilities or equipment, including those resulting from the landlord NEGLIGENCE of Vertical Endeavorsthe designers, manufacturers, or installers of the climbing facilities, climbing walls or equipment. . This agreement releases the aforementioned persons from any liability to me, my heirs, or next of kin, assigns, or personal representatives, for any losses or damages or claims or demands arising out of my PERSONAL INJURIES, damage to my PROPERTY, or from my DEATH. If any provision of this Agreement is held invalid, the invalidity shall not affect other provisions of the Agreement which can be given effect without the invalid provisions, and to this end the provisions of the Agreement are to be severable. This Agreement shall be governed by the laws of the State of Minnesota. Initial (If participant is under 18, Parent/Legal Guardian must initial.)

RELEASE AND PROMISE NOT TO SUE. In consideration of my observing or using the facilities, climbing walls or equipment of Vertical Endeavors’ Climbing Apparatus, and/or in consideration of my participating in the classes or activities sponsored by Vertical EndeavorsInstructional Activities I, I on behalf of myself, my heirs, administrators and personal representatives, hereby agree to RELEASE VERTICAL ENDEAVORS AND FOREVER DISCHARGE IT FROM ANY AND ALL LIABILITY, DISCHARGE, and PROMISE NOT TO SUE , Vertical Endeavors, or any officerof its officers, directordirectors, memberemployees, employee, volunteervolunteers, or agent of Vertical Endeavors agents or any other climber, visitor, or person present in or using the facilities, climbing walls or equipment of Vertical Endeavors. It is my express purpose to bind myself, my heirs, my administrators and my executors hereby. In consideration of my observing or using the facilities, climbing walls or equipment and/or in consideration of my participating in the classes or activities sponsored by Vertical Endeavors, I also hereby agree to RELEASE FROM ALL LIABILITY, DISCHARGE, and PROMISE NOT TO SUE the designers, manufacturers or installers of the facilities, climbing walls or equipment of Vertical Endeavors or the landlord of Vertical Endeavors. This agreement releases the aforementioned persons from any liability to me, my heirs, or next of kin, assigns, or personal representatives, ’ Climbing Apparatus for any losses or claims, losses, damages or claims or and/or demands arising out of my any PERSONAL INJURIESINJURIES sustained by me, damage to my PROPERTY, or from my DEATH. This RELEASE extends to and shall be applicable to the designers, manufacturers and/or installers of Vertical Endeavors’ Climbing Apparatus and Vertical Endeavors’ landlord. If any provision of this Agreement is held invalid, the invalidity shall not affect other provisions of the Agreement which can be given effect without the invalid provisionsprovision, and to this end the provisions of the Agreement are to be severable. This Agreement shall be governed by the laws of the State of Minnesota. Initial (If participant is under 18, Parent/Legal Guardian must initial.) I HAVE READ THIS AGREEMENT THOROUGHLY AND UNDERSTAND ITS TERMS. NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS HAVE BEEN MADE TO ME THAT CHANGE, ALTER OR MODIFY ANYTHING WITHIN THIS AGREEMENT. I AGREE TO ALL TERMS. (ALTERATIONS OR MODIFICATIONS TO THIS DOCUMENT ARE NOT ALLOWED). THIS AGREEMENT SHALL REMAIN IN EFFECT UNTIL CANCELED OR MODIFIED BY A WRITING SIGNED BY VERTICAL ENDEAVORS. Signature (If participant is under 18, Parent/Legal Guardian must sign.) I AM THE PARENT OR LEGAL GUARDIAN OF THE MINOR AND I AM SIGNING THIS RELEASE ON BEHALF OF THE MINOR. Street Address (Print) Date City (Print) State Zip Participants Birth Date Age Phone Number Emergency Contact Name Phone Number Email Address Do you know of, or have your been advised of, any medical conditions that the participant have that would prevent you from safely, participating in the activities of rock climbing and or belaying. YES / NO - If YES, please describe: Waiver Type: Daily - Punchcard - Free Pass - Lesson - Spectator - Group Chap - Kids Camp - School - Church - Misc. - B-day - Scouts - Other EMPLOYEE INITIAL DATE / / ENTERED IN RGP BY *Office use only*

RELEASE AND PROMISE NOT TO SUE. In consideration of my observing or using the facilities, climbing walls or equipment of Vertical EndeavorsOTWG, and/or in consideration of my participating in the classes or activities sponsored by Vertical EndeavorsOTWG, I hereby agree to RELEASE FROM ALL LIABILITY, DISCHARGE, and PROMISE NOT TO SUE SUE, Vertical EndeavorsOTWG, or any officer, director, member, employee, volunteer, or agent of Vertical Endeavors OTWG or any other climberparticipant, visitor, or person present in or using the facilities, climbing walls or facilities and equipment of Vertical EndeavorsOTWG. It is my express purpose to bind myself, my heirs, my administrators and my executors hereby. In consideration of my observing or using the facilities, climbing walls or facilities and equipment and/or in consideration of my participating in the classes or activities sponsored by Vertical EndeavorsOTWG, I also hereby agree to RELEASE FROM ALL LIABILITY, DISCHARGE, and PROMISE NOT TO SUE the designers, manufacturers or installers of the facilities, climbing walls or facilities and equipment of Vertical Endeavors or the landlord of Vertical EndeavorsOTWG. This agreement releases the aforementioned persons from any liability to me, my heirs, or next of kin, assigns, or personal representatives, for any losses or damages or claims or demands arising out of my PERSONAL INJURIES, damage to my PROPERTY, or from my DEATH. If any provision of this Agreement is held invalid, the invalidity shall not affect other provisions of the Agreement which can be given effect without the invalid provisions, and to this end the provisions of the Agreement are to be severable. This Agreement shall be governed by the laws of the State of MinnesotaFlorida. I AGREE AND UNDERSTAND THAT THIS WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT WILL EXTEND TO ALL CLAIMED WRONGFUL ACTS OF THE RELEASED PARTIES TO THE GREATEST EXTENT ALLOWED UNDER THE LAWS OF THE STATE OF FLORIDA, INCLUDING THE NEGLIGENCE OF THE RELEASED PARTIES. Initial _ (If participant is under 18, Parent/Legal Guardian must initial.)

RELEASE AND PROMISE NOT TO SUE. In consideration of my observing or using the facilities, climbing walls or equipment of Vertical Endeavors, and/or in consideration of my participating in the classes or activities sponsored by Vertical Endeavors, I hereby agree to RELEASE FROM ALL LIABILITY, DISCHARGE, and PROMISE NOT TO SUE , Vertical Endeavors, or any officer, director, member, employee, volunteer, or agent of Vertical Endeavors or any other climber, visitor, or person present in or using the facilities, climbing walls or equipment of Vertical Endeavors. It is my express purpose to bind myself, my heirs, my administrators and my executors hereby. In consideration of my observing or using the facilities, climbing walls or equipment and/or in consideration of my participating participa ting in the classes or activities sponsored by Vertical Endeavors, I also hereby agree to RELEASE FROM ALL LIABILITY, DISCHARGE, and PROMISE NOT TO SUE the designers, manufacturers or installers of the facilities, climbing walls or equipment of Vertical Endeavors or the landlord of Vertical Endeavors. This agreement releases the aforementioned persons from any liability to me, my heirs, or next of kin, assigns, or personal representatives, for any losses or damages or claims or demands arising out of my PERSONAL INJURIES, damage to my PROPERTY, or from my DEATH. Initial If any provision of this Agreement is held invalid, the invalidity shall not affect other provisions of the Agreement which can be given effect without the invalid provisions, and to this end the provisions of the Agreement are to be severable. This Agreement shall be governed by the laws of the State of Minnesota. Initial (If participant is under 18, Parent/Legal Guardian must initial.)