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PHOENIX BOULDERING PROJECT, LLC
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, COVENANT NOT TO SUE AND HOLD HARMLESS AGREEMENT

What you are about to read and are requested to sign is a waiver and release of liability. Upon signing it, you will give up your right to bring a claim against or to sue Phoenix Bouldering Project (“PBP”) or anyone associated with PBP for injuries or losses you suffer while using PBP facilities or while participating in activities at PBP facilities, including but not limited to facilities at 2626 S Hardy Drive, Tempe, Arizona.

Please take your time and read this agreement very carefully. When you are certain that you understand the importance of each paragraph, sign your initials in the space provided. Sign the document only after you have read and understand everything. If you have any questions about the agreement, consult your attorney. Thank you for your attention to this matter.

YOU WILL NOT BE ALLOWED TO PARTICIPATE IN ANY ACTIVITIES AT PHOENIX BOULDERING PROJECT WITHOUT THE SIGNED WAIVER.

I UNDERSTAND THAT SIGNING THIS DOCUMENT WILL PREVENT ME, MY HEIRS, EXECUTORS, DEPENDENTS, BENEFICIARIES AND ASSIGNS FROM SUING PBP, ITS OWNERS, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS OR GUESTS FOR ANY INJURIES, INCLUDING DEATH AND PARALYSIS, OR DAMAGES THAT I MIGHT RECEIVE WHILE PARTICIPATING IN ANY ACTIVITIES WITH PBP OR AT PBP FACILITIES.


1. RISKS.
I understand that there is a significant risk of serious physical injury, death and other damages inherent in indoor and outdoor climbing, bouldering and physical fitness training activities and in my use of PBP facilities and instruction relating to these activities. These risks and hazards can include, but are not limited to, injuries arising from falling and striking objects or other people; being struck by falling objects or people; failure of any part or all of the climbing structures, flooring systems, building or training and fitness apparatus; defective, worn, uneven, separated or additional flooring or pads; hazards created by additional pads; falling and failing to land on a pad; landing on a pad and nonetheless suffering an injury; falling and landing in a gap within or between pads or between pads and the wall; failure and/or breakage of climbing holds; failure of climbing hold anchoring systems and hardware; failure of anchoring systems, anchors and belay devices used to secure climbing anchors and ropes; falling because of improper use of ropes and safety equipment; injury resulting from lack of spotting, inadequate spotting or other spotting-related injury; injuries related to fitness training classes including without limitation yoga classes; risks associated with walking on streets and sidewalks to access PBP facilities; strained or sprained muscles, joints and connective tissue; broken bones; personal injury including paralysis, death, illness, property damage, and other losses. I further understand that some PBP facilities may be available 24 hours a day, and that some of those operating times may be without staff supervision or observation of PBP facilities and that I may encounter additional risks during that time. Injury or death can arise from errors in judgment, from lack of training or information, from the negligence of me, employees or agents of PBP or other parties, as well as the risks normally associated with athletic endeavors. There is no way to eliminate the risk of serious harm or death. I understand that my use of PBP facilities and any instruction or knowledge I obtain at those facilities IS NOT sufficient to prepare me for the dangers and risks of indoor and outdoor climbing.


2. I ASSUME ALL RISKS.
I CERTIFY THAT I UNDERSTAND CLIMBING, BOULDERING AND PHYSICAL FITNESS TRAINING ACTIVITIES, EXPOSE ME TO A HIGH RISK OF INJURY OR ACCIDENT. I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS INCLUDING BUT NOT LIMITED TO THOSE ENUMERATED IN THIS DOCUMENT, WHETHER KNOWN OR UNKNOWN, OF INJURY, ILLNESS, DEATH OR DAMAGE OF WHATEVER KIND ARISING OUT OF MY USE OF PBP FACILITIES OR EQUIPMENT OR MY PARTICIPATION IN ANY ACTIVITY AT PBP FACILITIES OR SPONSORED BY PBP.


3. I WAIVE AND RELEASE ALL CLAIMS.
I recognize that PBP could not offer this activity without obtaining a release of liability. In consideration of, and part payment for the right to use PBP’s facilities, I RELEASE PBP AND ANYONE ASSOCIATED WITH PBP, INCLUDING WITHOUT LIMITATION ITS OWNERS, OFFICERS, DIRECTORS, STAFF, INSTRUCTORS, MEMBERS, AGENTS, GUESTS AND THIRD PARTIES, FROM ALL LIABILITY, AND KNOWINGLY, INTENTIONALLY AND VOLUNTARILY WAIVE ALL CLAIMS, DEMANDS OR CAUSES OF ACTION OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY CLAIMS OF NEGLIGENCE, WHICH MAY ARISE AS A RESULT OF MY PARTICIPATION IN A PBP-SPONSORED ACTIVITY OR FROM USE OF PBP FACILITIES OR EQUIPMENT.


4. I WILL INDEMNIFY PBP.
In consideration of, and in part payment for the right to use PBP’s facilities, I agree to defend, protect, INDEMNIFY, and hold harmless PBP, its owners, officers, directors, members, instructors, employees, agents and guests from and against any and all claims, suits, actions at law or in equity, for damages or other relief and against any liability of any nature, together with attorneys' fees and costs incurred, that may arise out of my use of PBP property or facilities, INCLUDING BUT NOT LIMITED TO INJURIES ARISING FROM MY VIOLATION OF PBP RULES. I agree to pay the reasonable attorneys' fees and all other costs of all parties if I bring a suit for injuries suffered at PBP and that action is unsuccessful, in whole or in part. Additionally, in consideration of, and part payment for my right to participate in a PBP-sponsored activity, I EXPRESSLY AGREE NOT TO SUE OR OTHERWISE ASSERT LEGAL CLAIMS AGAINST PBP, ITS OWNERS, OFFICERS, DIRECTORS, MEMBERS, INSTRUCTORS, EMPLOYEES, AGENTS AND GUESTS AND HEREBY WAIVE ALL CLAIMS AND LIABILITIES AGAINST PBP AND THOSE PARTIES INCLUDING, WITHOUT LIMITATION, CLAIMS FOR NEGLIGENCE ARISING FROM MY (OR THE MINOR’S) PARTICIPATION IN CLIMBING ACTIVITIES OR USE OF PBP FACILITIES OR EQUIPMENT.


5. I AGREE TO ABIDE BY ALL PBP RULES.
I agree to abide by all PBP rules contained in written form as well as verbal directions that may be given by PBP staff or employees. I MAY NOT USE PBP FACILITIES IF I AM UNDER THE INFLUENCE OF ALCOHOL OR OTHER DRUGS.


6. I am physically qualified to participate.
I certify that I have no physical limitations or medical conditions that would impair my ability to fully and safely use PBP facilities. I agree to inform PBP of any conditions that may have any effect on my ability to fully and safely use PBP facilities, so that a determination can be made as to the proper course of action.


7. Other provisions.
This agreement constitutes the complete and sole agreement between you and PBP, its owners, officers, directors, instructors, employees, agents, members and guests and all others associated with PBP. Evidence of any other agreements, whether oral or in writing, are void and inadmissible and unenforceable in a court of law, arbitration or other dispute resolution proceeding.  
INDIVIDUAL OFFICERS, DIRECTORS, PBP MEMBERS, INSTRUCTORS, EMPLOYEES AND AGENTS HAVE NO AUTHORITY OR POWER TO ALTER THE TERMS OF THIS AGREEMENT, EITHER ORALLY OR IN WRITING. This agreement covers my use of PBP facilities as well as my participation in all PBP activities and all associated events. 
THE LAWS OF THE STATE OF ARIZONA SHALL GOVERN THIS AGREEMENT. VENUE FOR ANY ACTION SHALL BE MARICOPA COUNTY, ARIZONA.

ARBITRATION AGREEMENT AND WAIVER OF RIGHT TO JURY TRIAL
TO THE FULL EXTENT ALLOWABLE BY LAW, I VOLUNTARILY WAIVE ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN ANY ACTION INVOLVING PBP AND ANYONE ASSOCIATED WITH PBP, INCLUDING WITHOUT LIMITATION ITS OWNERS, OFFICERS, DIRECTORS, STAFF, INSTRUCTORS, MEMBERS, AGENTS, GUESTS AND THIRD PARTIES, WHERE THE ACTION IS IN ANY WAY RELATED TO OR ARISING FROM MY USE OF PBP FACILITIES OR EQUIPMENT OR PARTICIPATION IN PBP ACTIVITIES.

A. Mediation

The parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement shall be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration as set forth below. 

B. Arbitration

Any dispute, claim or controversy arising from my involvement in any activity with or use of PBP facilities, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Phoenix, Arizona before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on any Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

I HAVE READ AND UNDERSTAND THIS ENTIRE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM AGREEING TO USE THE JAMS MEDIATION AND ARBITRATION PROCESS SET FORTH IN THIS AGREEMENT.


8. PHOTO RELEASE AND PERMISSION TO USE MY LIKENESS
I hereby agree that PBP and its agents, contractors, affiliates, successors and assigns may take photographs and videos of me while using the PBP facilities. I irrevocably license and grant PBP and its agents, contractors, affiliates, successors and assigns the right to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, adapt, create derivative works of, sell, rent, license, otherwise use, and permit others to use my image, likeness, voice and appearance, and any and all materials created by or on behalf of PBP that incorporate any of the foregoing in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created on any platform and for any purpose. This release applies, without limitation, to photographs and videos taken at the PBP facilities, and during PBP-sponsored events. The uses of my image may include and are not limited to use in PBP promotional materials, social media, brochures and website, without further compensation to, or consent or permission from, me.


9. Severability.
If any provision of this agreement or its application to any person or circumstance is held invalid or void, the remainder of the agreement or its application to other persons or circumstances is not affected.


I AM FULLY AWARE OF THE CONTENTS OF THIS AGREEMENT AND RELEASE, AND HAVE READ AND UNDERSTAND ALL OF THE TERMS. THE TERMS OF THIS AGREEMENT BIND ME, MY FAMILY (INCLUDING BUT NOT LIMITED TO SPOUSES AND DOMESTIC PARTNERS), HEIRS, EXECUTORS, ADMINISTRATORS, DEPENDENTS, BENEFICIARIES AND ASSIGNS. I recognize that if I have any questions regarding my waiver of rights, I should consult an attorney.


TO BE SIGNED IF THE PARTICIPANT IS A MINOR
I represent that I am the parent or legal guardian of the above individual and hereby consent to their use of PBP’s facility and/or participation in PBP’s activities. In consideration of PBP allowing the above-named participant to participate and/or use the facility, I agree to be bound by the terms and conditions of this Release. On behalf of myself and my spouse or domestic partner, I hereby KNOWINGLY, INTENTIONALLY AND VOLUNTARILY WAIVE AND RELEASE, indemnify, hold harmless and forever discharge PBP, its officers, directors, instructors, employees, agents, members and guests and all others associated with PBP of and from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damage and liabilities, of every kind and nature, whether known or unknown, in law or equity, that I or others may have, arising from or in any way related to such minor’s participation in activities in connection with PBP. I further agree that I have full and sole responsibility for the safety and wellbeing of the above-named participant while he or she is using PBP facilities or participating in PBP-related events.

I further agree to indemnify, hold harmless and defend PBP, its officers, directors, instructors, employees, agents, members and guests and all others associated with PBP from and against any suit, loss, damage, liability, expense, costs, and/or attorneys’ fees, including those brought by or on behalf of, or otherwise caused by the above-named participant.

Pickle N Chill Rock Climbing Session

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