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Waiver

Participant Release Acknowledgment of Risk Agreement

I, the undersigned, in consideration of the services of The Knowledgearium L.L.C., its officers, employees, agents or representatives, hereby release and discharge The Knowledgearium L.L.C. on behalf of myself, my heirs, assigns, personal representatives and estate as follows: 

1. I understand and acknowledge that the activity I am about to voluntarily engage in as a participant and/or volunteer bears certain known risks and unanticipated risks which could result in injury, death, illness or disease, physical or mental, or damage to myself, to my property or to spectators or other third parties. The following describes some, but not all, of those risks: 

a. Climbing the indoor walls at a climbing gym, being belayed by any person, including employees of the gym or The Knowledgearium L.L.C., falling upon any object intended or not intended as part of a climbing structure. Any mishap as a result of negligence or other acts, however caused, by any employee, agent or contractor of the gym or The Knowledgearium L.L.C., or its affiliates as a result of participant’s engagement in any activity upon the premises of the gym or with The Knowledgearium L.L.C.. Any mishap during field trips to outdoor climbing areas, which include falls upon rock, any equipment failure of any kind, or any other catastrophe regardless of negligence by any person, including The Knowledgearium L.L.C., its employees, agents, or contractors. 

b. Furthermore, gym and The Knowledgearium L.L.C. employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They may give inadequate warnings or instructions, and the equipment being used might malfunction. 

2. Being aware that this activity entails known and unknown risks, I expressly agree, covenant and promise to accept and assume all responsibility and risk for injury, death, illness or disease, or damage to myself, to others, or to my property arising from my participation in this activity. My participation in this activity is purely voluntary, no one is forcing me to participate, and I elect to participate in spite of risks.

3. I hereby voluntarily release, forever discharge, and agree to hold harmless and indemnify the gym and The Knowledgearium L.L.C., its agents or employees, and all other persons or entities from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including specifically but not limited to the acts or omissions of the gym and/or The Knowledgearium L.L.C., its agents or employees, and all other persons or entities, for any and all injury, death, illness or disease, and damage to myself or to my property.

4. Should the gym or The Knowledgearium L.L.C. or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless and agree to pay the reasonable attorneys; fees and all other costs of all parties if I bring a suit for injuries suffered while attending any training with The Knowledgearium L.L.C. and any participating climbing gym, and that action is unsuccessful, in whole or in part.

5. Fitness declaration: I CERTIFY THAT I AM PHYSICALLY FIT TO ENGAGE IN A KNOWLEDGEARIUM ACTIVITY SUCH AS BUT NOT LIMITED TO ROCK CLIMBING.

6. Helmet refusal agreement: I have been advised to wear a helmet to reduce the possibility of head injuries resulting from climbing falls or other risks. I WILLINGLY REFUSE THIS ADVICE AND CHOOSE NOT TO WEAR A HELMET. 

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