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Assumption of Risk, Waiver of Liability, and Indemnification Agreement

PLEASE READ THIS VISITOR AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE SIGNING. IT IS A BINDING LEGAL CONTRACT. IT MUST BE SIGNED BY ALL ADULT (18 YEARS OF AGE OR OLDER) VISITORS TO FACILITIES OPERATED BY FIRST ASCENT LLC, AN ILLINOIS LIMITED LIABILITY COMPANY DOING BUSINESS AS FIRST ASCENT CLIMBING & FITNESS (“FIRST ASCENT”). IF THE VISITOR IS A MINOR, IT MUST BE SIGNED BY A PARENT OR LEGAL (COURT APPOINTED) GUARDIAN OF THE MINOR. THE PARENT/GUARDIAN SIGNS AND AGREES FOR THEMSELVES AND, IF APPLICABLE LAW PERMITS, ON BEHALF OF THE MINOR VISITOR.

The individual named below (“Visitor”) desires to use or be granted access to one or more of the Facilities (defined below) and/or participate in one or more of the Activities (defined below). In consideration for First Ascent permitting me (and/or my child) to use the Facilities and/or to participate in the Activities on this and all future dates, I, an adult Visitor, or, if the Visitor is a minor, the parent/guardian of the minor, acknowledge and agree as follows:

1. FACILITIES AND ACTIVITIES: First Ascent operates a number of multi-function climbing, yoga, and fitness facilities (“Facilities”). First Ascent and its affiliates offer a variety of activities including: climbing, bouldering, yoga, exercise and fitness, trips, camps, classes and training, competitions, and other activities and events (including observing any of the foregoing (collectively, “Activities”). References to the “Facility” throughout this agreement include all rooms, areas, and other spaces on the interior of each Facility, the exterior of each Facility, the parking lot of each Facility, and other Activity sites. First Ascent has no responsibility for transporting Visitors to or from Activity sites nor for the manner in which others may transport Visitors.

2. RISKS: I understand that there are significant elements of risk, inherent and otherwise, associated with a visit to and the use of the Facility and participation in the Activities. These risks include, among others, the following:

• Climbing, Bouldering, and Rappelling (lowering) Risks: physical demands associated with the use of First Ascent’s climbing and bouldering walls; slipping, falling or tripping; landing awkwardly or in an unplanned manner on floor or padding; striking the wall, other participants, spotters, staff, or objects; rope abrasion or entanglement; movement of climbing holds; misuse of belay or auto-belay equipment, ropes, or other equipment; being struck by falling objects or persons.
• Bouldering Risks: Bouldering climbing involves increased risks because participants will fall, and all falls are ground falls which could result in injury or death. Padded floors do not and cannot guarantee prevention of injury or death.
• Fitness Facility Risks: being struck by falling or moving weight(s); equipment failure or malfunction; over-exertion; colliding with equipment.
• Yoga Risks: over exertion; loss of balance and/or falling; improper techniques (e.g., locking knees).
• Human Error Risks: the carelessness of visitors, including Activity participants, and staff personnel; failure of Visitor or another participant to follow instructions; inattentiveness of spotters, instructors, staff, and participants; incorrect techniques in use of ropes, slings, belay and/or auto-belay devices, harnesses, and other equipment; errors in instructor judgment as to participant competencies; errors by staff as to proper belay technique; instructor failure to adequately train spotters and assistants; judgment errors in emergency care; inadequate emergency training of personnel.
• Equipment: climbing, bouldering, or exercise equipment malfunction or failure. Climbing, exercise and fitness and other Activity equipment and gear is provided on an “as is” basis and First Ascent has no responsibility for the condition of equipment and gear supplied by First Ascent or by the Visitor, even if it has been inspected by staff. I will promptly report to First Ascent staff any suspected issue of disrepair or malfunction in such equipment.

These risks and others that might be encountered are inherent in the Activities and a Visitor’s use of a Facility; that is, they cannot be eliminated without changing the nature of the activity, its appeal and value to the Visitor.

Various injuries can occur as the result of these risks. The most common are Minor injuries which include, but are not limited to: hand injuries (calluses, pinches, and punctures); bruises/scrapes; rope burns; muscle strains; backaches, and headaches. Major injuries include, but are not limited to: broken bones and/or fractures; joint, ligament, and tendon injuries; internal injuries; concussions; back injuries; and eye injury. Catastrophic injuries, though rare, include, but are not limited to: loss of vision or hearing; permanent disabilities, heart attack, stroke, paralysis, or death. I recognize that the foregoing list of risks are examples of the risks that I am assuming by using the Facilities and/or participating in the Events or Activities and that I am also assuming risks not specifically listed above.

3. ASSUMPTION OF RISKS: I understand that no amount of care, caution, instruction or expertise can eliminate these risks, even if I follow First Ascent’s safety instructions or recommendations, rules and regulations, and climbing, bouldering and other instructional programs, and regardless of my choice of equipment, including the use of a helmet or any other safety device. I knowingly assume all risks (inherent and otherwise) of a visit to the Facilities and/or engaging in the Activities sponsored by or involving First Ascent or its affiliates. My visit and participation in activities is voluntary. If the Visitor is a minor, I, parent/guardian, have discussed the activities and risks with the minor who understands them and wishes to visit the Facilities and engage in the Activities nevertheless.

4. AGREEMENT TO WAIVE AND RELEASE: I, adult Visitor and/or parent/guardian if the Visitor is a minor (as parent/guardian, for myself and, to the maximum extent allowed by applicable law, on behalf of the minor Visitor) agree to forever release and discharge First Ascent and the other Released Parties from any and all claims of liability of any sort for my death and any and all past, present, or future injuries, losses, damages, expenses, property damage, social losses, economic losses, actions, claims, and liabilities, whether, in any way related to or arising from my, or the minor Visitor’s, visit to a Facility or other Activity site, participation in the Activities, or the use of Facility equipment. “Released Parties” means First Ascent LLC, Ascent Holdings LLC, FAHH LLC, 3500 N Spaulding LLC, entities which may be owned, directly or indirectly, in whole or in part, by them or any of them and their respective predecessors and successors, officers, directors, employees, contractors, agents, affiliated entities, landlords and property owners and managers.

5. AGREEMENT TO DEFEND, INDEMNITY, AND HOLD HARMESS THE RELEASED PARTIES: I, adult Visitor and/or parent/guardian if the Visitor is a minor (as parent/guardian, for myself and, to the maximum extent allowed by applicable law, on behalf of the minor Visitor), agree, at my sole expense, to defend and hold harmless First Ascent and the other Released Parties from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), and claims (groundless or otherwise) (collectively, “Claims”), and indemnify First Ascent and the other Released Parties for any and all damages, payments, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees, expert witnesses’ costs and fees) arising from or relating to any Claim (by whomever it may be made, including a non-signing parent of the minor Visitor or any other third party) against any Released Party, whether successful or not, caused by, arising out of or resulting from my, or the minor Visitor visiting or otherwise using the Facilities and/or participating in Activities.

The above agreements of release and indemnity include claims of negligence of a Released Party, but not, unless allowed by applicable law, gross or other aggravated forms of negligence. I understand that this Agreement prohibits my filing, for myself or, applicable law permitting, the minor visitor, any lawsuit against any of the Released and Indemnified parties, as described above. I understand that I will have to reimburse First Ascent or any of the other Released Parties for any losses, damages, liabilities, claims, costs, attorneys’ fees, or expenses sustained by First Ascent or the other Released Parties ARISING OUT OF OR RESULTING FROM my or the minor Visitor’s visiting or otherwise using any Facility or participating in Activities.

6. WAIVER OF RIGHT TO A JURY TRIAL AND CONSENT TO CHOICE OF LAW: I, for myself and, for a minor Visitor for whom I sign below, waive the right to a trial by jury in any action brought by or against First Ascent or any of the Released Parties. I knowingly and voluntarily agree that any such dispute will be resolved by a bench trial (i.e., trial by a judge). The rights and obligations of the parties to this agreement and its construction and enforceability shall be governed by the substantive laws (not including those laws which would invoke the laws of another state) of the state in which the physical injury or other loss giving rise to the action occurred.

7. FIRST ASCENT FACILITY ORIENTATION AND RULES: I acknowledge and agree, for myself and any minor Visitor or Visitors on whose behalf I have signed this agreement, that I (and/ or the minor):

• will obey all Facility rules and posted signs and alert the staff to any rule violations or dangerous condition or behavior of other visitors or staff;
• will attempt only Activities that I believe I can perform without increased risk of injury to myself or others; and
• will cease activity immediately and inform staff if I suffer an injury, however slight, or experience any unusual discomfort.
• I acknowledge that First Ascent has the authority to end my participation if in its sole discretion I present a danger to myself and/or others.

Prior to participating in any Activity, I agree that I will: attend First Ascent’s applicable Facility orientation, watch the applicable Facility orientation video, and ask any questions that I may have related to those orientations. Further, I understand that, if I am the parent or legal guardian of a minor visitor, it is my responsibility to review the video and orientation materials with the child and provide and explain its contents to him or her.

8. MEDIA RELEASE: I permit First Ascent to use my, or the minor Visitor’s likeness. I acknowledge and agree that, unless I provide written or e-mail notice to the contrary, First Ascent has my permission to use any photographs, images, audio recording, or any other media or likenesses taken of myself, and/or the minor Visitor at the Facilities or other Activity sites, for use in social media channels and in First Ascent’s promotional and/or marketing materials, brochures and website.

9. SEVERABILITY: If any term, provision or condition of this Agreement is found by a court or government agency of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the enforceability of the remainder of this agreement, which shall survive and be construed as if such invalid or unenforceable term, provision or condition had not been included in its terms.

10. ACKNOLWEDGEMENT OF UNDERSTSANDING: I acknowledge and agree, for myself and for the minor Visitor or Visitors on whose behalf I have signed below, that: (a) I have read and understand this Agreement; (b) nothing in the facility orientation, video orientation, or otherwise communicated to me by First Ascent personnel shall be construed to alter, modify, or extinguish any element of this Agreement; (c) If I or the minor child requires additional assistance, orientation, instruction, training or assessment during my or the minor child’s participation in an Activity, now or during any future visit, it is my responsibility to seek such assistance, orientation, instruction, training or assessment from First Ascent staff prior to participating in any Activity for which I am not, or my minor child is not, trained or qualified; and (d) my signature and/ or electronic signature (as applicable) is evidence that I have read and understand this Agreement and all information and acknowledgements contained therein. My signature below reflects such understanding and agreement to a release of First Ascent and the other Released Parties from all liability to myself, to the minor Visitor and to our respective family members, heirs, representatives, administrators and estates, in accordance with its terms and to the fullest extent allowed by applicable law.

This Agreement applies to my, or to the minor child’s, visit to the Facilities and/or participation in the Activities on the date of its execution and thereafter, unless and until a new agreement is executed. The new agreement will apply to subsequent visits, but will have no affect on rights created by this original Agreement.

By my signature below, I confirm that I have provided all necessary contact information and relevant medical information regarding the Participants. I understand that I have a continuing obligation to update this information with the Center as new information becomes known by me. I will promptly update this information with the Center upon the discovery of new medical information and/or new contact information.

* By signing, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By signing here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.