Common use of Waiver and Release of Liability Clause in Contracts

Waiver and Release of Liability. In consideration of, and in recognition of the inherent risks of the activity associated with the use of the Climbnasium facility, I agree, on behalf of myself, my heirs, representatives, successors, executors, administrators, and assigns, to hereby release, waive, discharge, and agree not to sue Climbnasium, Inc., its officers, directors, shareholders, agents, volunteers, and employees, from any and all claims and demands, obligations, and/or causes of action of any nature whatsoever which I may have against Climbnasium, Inc., its officers, directors, shareholders, agents, volunteers, 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 the use of the Climbnasium, Inc. facility or equipment, whether my use is supervised or unsupervised, and I 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 actions. I further certify, acknowledge and agree on behalf of myself that: (1) I am physically and mentally capable of participating in the activity and/or use of the equipment; (2) I assume responsibility for and voluntarily assume the risks of any personal injury, death and related expenses involved with this activity; (3) I assume responsibility for damage to my personal property; (4) I assume the responsibility to question the staff of Climbnasium, Inc. if I hear, see or feel that anything is questionable, dangerous, incorrect, or unclear; (5) I assume the risks for accidents or injury caused by the negligence of my belayer or spotter; (6) I further acknowledge, on behalf of myself, that wearing appropriate clothing and footwear are basic safety precautions and that wearing a UIAA approved helmet may help to prevent head and neck injuries. AUTHORIZATION OF INVOLVEMENT: In signing this form, I testify that I have read and understand the contents herein. I accept that this agreement cannot be orally or otherwise modified. This agreement is legally binding. I hereby agree and acknowledge that any claim or dispute arising from or related to the Acknowledgment of Risk, Waiver and Release of Liability granted herein or the relationship of the parties in any respect thereto shall be brought within twelve (12) months of any occurrence or discovery (or forever waived) and shall be settled only by mediation, or, if necessary to resolve the dispute, legally binding arbitration. Judgment upon mediation or arbitration award may be entered in any Court otherwise having jurisdiction and such mediation or arbitration is the sole remedy and is non-appealable. THE UNDERSIGNED HAS READ THE ABOVE ACKNOWLEDGMENT OF RISK, WAIVER AND RELEASE OF LIABILITY , UNDERSTANDS THAT HE/SHE HAS GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND IS SIGNING IT VOLUNTARILY. DATE SIGNATURE (Parent or Guardian if under 18) I, the undersigned, recognize the dangers inherent with climbing activities. I wish to participate in climbing activities. I realize that I am subject to injury from this activity and that no form of preparation can remove all of the danger to which I am exposing myself. I have been offered a protective safety helmet, which can help prevent injury and/or permanent brain damage in the event of any accident. Against advice of Climbnasium, Inc. and the insurance underwriters, I am refusing this critical safety precaution. I am assuming all hazards of risk upon myself. Participant must write on the line below – “I have read, understand, and accept the helmet waiver” DATE SIGNATURE (Parent or Guardian if under 18) PRINT NAME PRINT NAME CLIMBNASIUM, INC. SAFETY POLICIES AND PROCEDURES The following are the Safety Policies and Procedures for Climbnasium, Inc. Responsibly following these policies and procedures reduces, but does not eliminate the possibility of injury.

Waiver and Release of Liability. In consideration ofof the risk of injury while participating in dance and related performance activities (the “Activity”), and as consideration for the right to participate in recognition of the inherent risks of the activity associated with the use of the Climbnasium facilityActivity, I agreehereby, on behalf of for myself, my heirs, representatives, successors, executors, administrators, and assigns, to or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby release, waive, discharge, and agree not to sue Climbnasium, Inc., its officers, directors, shareholders, agents, volunteers, and employees, from waive any and all rights, claims and demands, obligations, and/or or causes of action of any nature kind whatsoever which I may have against Climbnasiumarising out of my participation in the Activity, Inc.and do hereby release and forever discharge mignolo, its officerslocated at ▇▇▇ ▇▇▇▇ ▇▇▇, directors▇▇▇▇▇▇▇▇, shareholders▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and employeesassigns, on account of for any personal physical or psychological injury, property damageincluding but not limited to illness, death paralysis, death, damages, economical or accident emotional loss, that I may suffer as a direct result of any kindmy participation in the aforementioned Activity, arising out of or in any way connected with the use of the Climbnasiumincluding traveling to and from an event related to this Activity. I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THE ACTIVITY, Inc. facility or equipmentWHICH MAY INCLUDE, whether my use is supervised or unsupervisedBUT ARE NOT LIMITED TO, and PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION ON THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY. I agree to indemnify and hold harmless the persons or entities mentioned in this paragraph from mignolo against any and all liabilities claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by other individuals me or entities by anyone else acting on my behalf. If mignolo incurs any of these types of expenses, I agree to reimburse mignolo. I acknowledge that ▇▇▇▇▇▇▇ and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of mignolo. I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON’S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including by not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE mignolo AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST mignolo FOR PERSONAL INJURY OR PROPERTY DAMAGE. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of mignolo, its agents, and employees. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. In the event that any damage to equipment or facilities occurs as a result of my or my family’s willful actions. , neglect or recklessness, I further certify, acknowledge and agree on behalf to be held liable for any and all costs associated with any actions of myself that: (1) I am physically neglect or recklessness. The Agreement was entered into at arm’s-length, without duress or coercion, and mentally capable is to be interpreted as an agreement between two parties of participating in equal bargaining strength. Both the activity and/or use of the equipment; (2) I assume responsibility for Participant and voluntarily assume the risks of any personal injurymignolo agree that this Agreement is clear and unambiguous as to its terms, death and related expenses involved with this activity; (3) I assume responsibility for damage to my personal property; (4) I assume the responsibility to question the staff of Climbnasium, Inc. if I hear, see or feel that anything is questionable, dangerous, incorrect, or unclear; (5) I assume the risks for accidents or injury caused by the negligence of my belayer or spotter; (6) I further acknowledge, on behalf of myself, that wearing appropriate clothing and footwear are basic safety precautions and that wearing a UIAA approved helmet may help no other evidence will be used or admitted to prevent head and neck injuriesalter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. AUTHORIZATION OF INVOLVEMENT: In signing this form, I testify that I have read and understand the contents herein. I accept that this agreement cannot be orally or otherwise modified. This agreement is legally binding. I hereby agree and acknowledge event that any claim or dispute arising from or related to the Acknowledgment of Risk, Waiver and provision contained within this Release of Liability granted herein shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the relationship remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties in parties. If a court should find that any respect thereto provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be brought within twelve (12) months of any occurrence or discovery (or forever waived) deemed to be written, construed and shall be settled only by mediation, or, if necessary to resolve the dispute, legally binding arbitrationenforced as so limited. Judgment upon mediation or arbitration award may be entered in any Court otherwise having jurisdiction and such mediation or arbitration is the sole remedy and is non-appealable. THE UNDERSIGNED HAS READ THE ABOVE ACKNOWLEDGMENT OF RISK, WAIVER AND RELEASE OF LIABILITY , UNDERSTANDS THAT HEArtist/SHE HAS GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND IS SIGNING IT VOLUNTARILY. DATE SIGNATURE (Parent or Guardian if under 18) I, the undersigned, recognize the dangers inherent with climbing activities. I wish to participate in climbing activities. I realize that I am subject to injury from this activity and that no form of preparation can remove all of the danger to which I am exposing myself. I have been offered a protective safety helmet, which can help prevent injury and/or permanent brain damage in the event of any accident. Against advice of Climbnasium, Inc. and the insurance underwriters, I am refusing this critical safety precaution. I am assuming all hazards of risk upon myself. Participant must write on the line below – “I have read, understand, and accept the helmet waiver” DATE SIGNATURE (Parent or Guardian if under 18) PRINT NAME PRINT NAME CLIMBNASIUM, INC. SAFETY POLICIES AND PROCEDURES The following are the Safety Policies and Procedures for Climbnasium, Inc. Responsibly following these policies and procedures reduces, but does not eliminate the possibility of injury.Company Name Signature mignolo CEO Signature

Waiver and Release of Liability. In consideration ofof the risk of injury while participating in Exposure Therapy with an Associate of the Anxiety and OCD Treatment Center of ▇▇▇ Arbor (the "Activity"), and as consideration for the right to participate in recognition of the inherent risks of the activity associated with the use of the Climbnasium facilityActivity, I agreehereby, on behalf of for myself, my heirs, representatives, successors, executors, administrators, and assigns, to or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby release, waive, discharge, and agree not to sue Climbnasium, Inc., its officers, directors, shareholders, agents, volunteers, and employees, from waive any and all rights, claims and demands, obligations, and/or or causes of action of any nature kind whatsoever which arising out of my participation in the Activity, and do hereby release and forever discharge The Anxiety and OCD Treatment Center of ▇▇▇ Arbor and any and all clinicians I may have against Climbnasiumwork with at the Center, Inc.located at ▇▇▇ ▇ ▇▇▇▇▇ ▇▇ ▇▇▇ ▇, its officers▇▇▇ ▇▇▇▇▇, directors▇▇▇▇▇▇▇▇ ▇▇▇▇▇, shareholderstheir affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and employeesassigns, on account of for any personal physical or psychological injury, property damageincluding but not limited to illness, death paralysis, death, damages, economical or accident emotional loss, that I may suffer as a direct result of any kindmy participation in the aforementioned Activity, arising out of or in any way connected with the use of the Climbnasiumincluding traveling to and from an event related to this Activity. I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, Inc. facility or equipmentWHICH MAY INCLUDE, whether my use is supervised or unsupervisedBUT ARE NOT LIMITED TO, and PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, PROPERTY LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE OR ACTIONS, CONDITIONS RELATED TO TRAVEL, THE CONDITION OF THE ACTIVITY LOCATION(S), OR OTHER FACTORS. NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY. I agree to indemnify and hold harmless the persons or entities mentioned in this paragraph from The Anxiety and OCD Treatment Center of ▇▇▇ Arbor and any and all liabilities clinicians I work with at the Center against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by other individuals me or entities by anyone else acting on my behalf. If The Anxiety and OCD Treatment Center of ▇▇▇ Arbor and any and all clinicians I work with at the Center incurs any of these types of expenses, I agree to reimburse The Anxiety and OCD Treatment Center of ▇▇▇ Arbor and any and all clinicians I work with at the Center as said expenses are incurred. I acknowledge that The Anxiety and OCD Treatment Center of ▇▇▇ Arbor and any and all clinicians I work with at the Center and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of The Anxiety and OCD Treatment Center of ▇▇▇ Arbor and any and all clinicians I work with at the Center. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE The Anxiety and OCD ACTION AGAINST The Anxiety and OCD Treatment Center of ▇▇▇ Arbor and any and all clinicians I work with at the Center FOR PERSONAL INJURY OR PROPERTY DAMAGE. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of The Anxiety and OCD Treatment Center of ▇▇▇ Arbor and any and all clinicians I work with at the Center, its agents, and employees. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions. , neglect or recklessness, I further certify, acknowledge and agree on behalf to be held liable for any and all costs associated with any actions of myself that: (1) I am physically and mentally capable of participating in the activity and/or use of the equipment; (2) I assume responsibility for and voluntarily assume the risks of any personal injury, death and related expenses involved with this activity; (3) I assume responsibility for damage to my personal property; (4) I assume the responsibility to question the staff of Climbnasium, Inc. if I hear, see neglect or feel that anything is questionable, dangerous, incorrect, or unclear; (5) I assume the risks for accidents or injury caused by the negligence of my belayer or spotter; (6) I further acknowledge, on behalf of myself, that wearing appropriate clothing and footwear are basic safety precautions and that wearing a UIAA approved helmet may help to prevent head and neck injuries. AUTHORIZATION OF INVOLVEMENT: In signing this form, I testify that I have read and understand the contents herein. I accept that this agreement cannot be orally or otherwise modified. This agreement is legally binding. I hereby agree and acknowledge that any claim or dispute arising from or related to the Acknowledgment of Risk, Waiver and Release of Liability granted herein or the relationship of the parties in any respect thereto shall be brought within twelve (12) months of any occurrence or discovery (or forever waived) and shall be settled only by mediation, or, if necessary to resolve the dispute, legally binding arbitration. Judgment upon mediation or arbitration award may be entered in any Court otherwise having jurisdiction and such mediation or arbitration is the sole remedy and is non-appealable. THE UNDERSIGNED HAS READ THE ABOVE ACKNOWLEDGMENT OF RISK, WAIVER AND RELEASE OF LIABILITY , UNDERSTANDS THAT HE/SHE HAS GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND IS SIGNING IT VOLUNTARILY. DATE SIGNATURE (Parent or Guardian if under 18) I, the undersigned, recognize the dangers inherent with climbing activities. I wish to participate in climbing activities. I realize that I am subject to injury from this activity and that no form of preparation can remove all of the danger to which I am exposing myself. I have been offered a protective safety helmet, which can help prevent injury and/or permanent brain damage in the event of any accident. Against advice of Climbnasium, Inc. and the insurance underwriters, I am refusing this critical safety precaution. I am assuming all hazards of risk upon myself. Participant must write on the line below – “I have read, understand, and accept the helmet waiver” DATE SIGNATURE (Parent or Guardian if under 18) PRINT NAME PRINT NAME CLIMBNASIUM, INC. SAFETY POLICIES AND PROCEDURES The following are the Safety Policies and Procedures for Climbnasium, Inc. Responsibly following these policies and procedures reduces, but does not eliminate the possibility of injuryrecklessness.

Waiver and Release of Liability. In consideration ofof being allowed to participate and be given permission to use the HELIUM property, facilities, and in recognition of services, today and on all future dates, I, the inherent risks of the activity associated with the use of the Climbnasium facility, I agreeHELIUM Guest, on behalf of myself, and/or on behalf of my minor child(ren)/▇▇▇▇(s), hereby agree to forever release, indemnify and discharge Helium on behalf of myself, my spouse, legal partner, my children, my parents, my guardians, heirs, assigns, personal representatives and estate, and all other persons and entities who could in any way represent me or act on my behalf as follows on behalf of myself, my spouse, legal partners, and/or on behalf of my minor child(ren)/▇▇▇▇(s), my heirs, personal representatives, successors, executors, administrators, and assigns, assigns (hereafter referred to as Releasing Parties) do hereby release, waive, discharge, and agree covenant not to sue Climbnasium▇▇▇ Helium QC FEC, Inc.LLC dba Helium Trampoline Park (HELIUM), its officersthe owners, directors, shareholdersofficers, agentsemployees, volunteers, independent contractors, equipment providers, property owners, and employees, agents (hereafter referred to as Protected Parties) from liability from any and all claims arising from the ordinary negligence of HELIUM or other Protected Parties. Despite all known and demandsunknown risks, obligationsI hereby expressly and voluntarily remise, and/or causes release, acquit, satisfy and forever discharge Helium and agree to hold it harmless of and from all, and all manner of action and actions or omission(s), cause and cause of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties covenants, contracts, controversies, agreement, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by Helium, whether the action arises out of any nature whatsoever which I may have against Climbnasiumdamage, Inc.loss, its officers, directors, shareholders, agents, volunteers, and employees, on account of any personal injury, property or death to me or my child(ren)/▇▇▇▇(s), while participating in or as a result of participating in any of the ACTIVITIES. This Release of Liability is effective and valid regardless of whether the damage, loss or death or accident is a result of any kind, act or omission on the part of HELIUM. This agreement applies to 1) personal injury (including death) from incidents or illnesses arising out of or from participation in any way connected with the HELIUM activity (including, but not limited to, instruction, individual trampoline play, trampoline competition, classes, observation, individual use of the Climbnasium, Inc. facility facilities or equipment, whether my use is supervised or unsupervisedoffices, locker room area, and I all premises including the associated sidewalks and parking lots); and to 2) any and all claims resulting from the damage to, loss of, or theft of property. Indemnification Agreement: I, the HELIUM Guest, also agree to hold harmless, defend, and indemnify HELIUM and hold harmless the persons or entities mentioned in this paragraph other Protected Parties (that is, defend and pay any judgment and costs, including investigation costs, attorney’s fees, and related expenses) from any and all liabilities claims and/or losses of Releasing Parties or claims made by other individuals others acting on my behalf (or entities as a result my minor Guest’s behalf) arising from participation in HELIUM activities or presence on the premises, (including those arising from the inherent risks of my actions. I further certify, acknowledge and agree on behalf of myself that: (1) I am physically and mentally capable of participating in the activity and/or use of or the equipment; (2) I assume responsibility for and voluntarily assume the risks of any personal injury, death and related expenses involved with this activity; (3) I assume responsibility for damage to my personal property; (4) I assume the responsibility to question the staff of Climbnasium, Inc. if I hear, see or feel that anything is questionable, dangerous, incorrect, or unclear; (5) I assume the risks for accidents or injury caused by the ordinary negligence of my belayer or spotter; (6) I further acknowledge, on behalf of myself, that wearing appropriate clothing and footwear are basic safety precautions and that wearing a UIAA approved helmet may help to prevent head and neck injuriesProtected Parties). AUTHORIZATION OF INVOLVEMENT: In signing this form, I testify that I have read and understand the contents herein. I accept that this agreement cannot be orally or otherwise modified. This agreement is legally binding. I hereby agree and acknowledge that any claim or dispute arising from or related to the Acknowledgment of Risk, Waiver and Release of Liability granted herein or the relationship of the parties in any respect thereto shall be brought within twelve (12) months of any occurrence or discovery (or forever waived) and shall be settled only by mediation, or, if necessary to resolve the dispute, legally binding arbitration. Judgment upon mediation or arbitration award may be entered in any Court otherwise having jurisdiction and such mediation or arbitration is the sole remedy and is non-appealable. THE UNDERSIGNED HAS READ THE ABOVE ACKNOWLEDGMENT OF RISK, WAIVER AND RELEASE OF LIABILITY , UNDERSTANDS THAT HE/SHE HAS GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND IS SIGNING IT VOLUNTARILY. DATE SIGNATURE (Parent or Guardian if under 18) I, the undersignedHELIUM Guest, recognize the dangers inherent with climbing activities. I wish further agree to participate in climbing activities. I realize that I am subject to injury from this activity and that no form of preparation can remove all of the danger to which I am exposing myself. I have been offered a protective safety helmethold harmless, which can help prevent injury and/or permanent brain damage in the event of any accident. Against advice of Climbnasium, Inc. and the insurance underwriters, I am refusing this critical safety precaution. I am assuming all hazards of risk upon myself. Participant must write on the line below – “I have read, understanddefend, and accept indemnify HELIUM and other Protected Parties against any and all claims of co-participants, rescuers, and others arising from my conduct or the helmet waiver” DATE SIGNATURE (Parent conduct of my minor Guest in HELIUM activities or Guardian if under from our presence at HELIUM. Attorneys' Fees: I, the HELIUM GUEST, promise to indemnify HELIUM for any attorneys' fees and/or costs incurred to enforce this agreement, including all costs associated with any collection efforts. Further, should any debt and/or judgment accrue in favor of HELIUM, prejudgment and post-judgment interest shall accrue thereon at a rate of 18) PRINT NAME PRINT NAME CLIMBNASIUM, INC. SAFETY POLICIES AND PROCEDURES The following are the Safety Policies and Procedures for Climbnasium, Inc. Responsibly following these policies and procedures reduces, but does not eliminate the possibility of injury% per annum.

Waiver and Release of Liability. In consideration ofof the risk of injury while participating in martial arts, yoga or other fitness training (the "Activity"), and as consideration for the right to participate in recognition of the inherent risks of the activity associated with the use of the Climbnasium facilityActivity, I agreehereby, on behalf of for myself, my heirs, representatives, successors, executors, administrators, and assigns, to or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby release, waive, discharge, and agree not to sue Climbnasium, Inc., its officers, directors, shareholders, agents, volunteers, and employees, from waive any and all rights, claims and demands, obligations, and/or or causes of action of any nature kind whatsoever which I may have against Climbnasiumarising out of my participation in the Activity, Inc.and do hereby release and forever discharge Zia Martial Arts, its officersLLC, directorslocated at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, shareholdersLas Cruces, NM, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and employeesassigns, on account of for any personal physical or psychological injury, property damageincluding but not limited to illness, death paralysis, death, damages, economical or accident emotional loss, that I may suffer as a direct result of any kindmy participation in the aforementioned Activity, arising out of or in any way connected with the use of the Climbnasium, Inc. facility or equipment, whether my use is supervised or unsupervised, including traveling to and from an event related to this Activity. I agree to indemnify and hold harmless the persons or entities mentioned in this paragraph from Zia Martial Arts, LLC against any and all liabilities claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by other individuals me or entities by anyone else acting on my behalf. If Zia Martial Arts, LLC incurs any of these types of expenses, I agree to reimburse Zia Martial Arts, LLC. I acknowledge that Zia Martial Arts, LLC and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Zia Martial Arts, LLC. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Zia Martial Arts, LLC, its agents, and employees. In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions. , neglect or recklessness, I further certify, acknowledge and agree on behalf to be held liable for any and all costs associated with any actions of myself that: (1) neglect or recklessness. If I am physically and mentally capable of participating in the activity and/or use of the equipment; (2) I assume responsibility for and voluntarily assume the risks of any personal injury, death and related expenses involved with this activity; (3) I assume responsibility for damage to my personal property; (4) I assume the responsibility to question the staff of Climbnasium, Inc. if I hear, see should require medical care or feel that anything is questionable, dangerous, incorrect, or unclear; (5) I assume the risks for accidents or injury caused by the negligence of my belayer or spotter; (6) I further acknowledge, on behalf of myself, that wearing appropriate clothing and footwear are basic safety precautions and that wearing a UIAA approved helmet may help to prevent head and neck injuries. AUTHORIZATION OF INVOLVEMENT: In signing this formtreatment, I testify that I have read and understand the contents herein. I accept that this agreement cannot agree to be orally or otherwise modified. This agreement is legally binding. I hereby agree and acknowledge that financially responsible for any claim or dispute arising from or related to the Acknowledgment costs incurred as a result of Risk, Waiver and Release of Liability granted herein or the relationship of the parties in any respect thereto shall be brought within twelve (12) months of any occurrence or discovery (or forever waived) and shall be settled only by mediation, or, if necessary to resolve the dispute, legally binding arbitration. Judgment upon mediation or arbitration award may be entered in any Court otherwise having jurisdiction and such mediation or arbitration is the sole remedy and is non-appealable. THE UNDERSIGNED HAS READ THE ABOVE ACKNOWLEDGMENT OF RISK, WAIVER AND RELEASE OF LIABILITY , UNDERSTANDS THAT HE/SHE HAS GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND IS SIGNING IT VOLUNTARILY. DATE SIGNATURE (Parent or Guardian if under 18) I, the undersigned, recognize the dangers inherent with climbing activities. I wish to participate in climbing activities. I realize that I am subject to injury from this activity and that no form of preparation can remove all of the danger to which I am exposing myself. I have been offered a protective safety helmet, which can help prevent injury and/or permanent brain damage in the event of any accident. Against advice of Climbnasium, Inc. and the insurance underwriters, I am refusing this critical safety precautiontreatment. I am assuming all hazards of risk upon myselfaware and understand that I should carry my own health insurance. Participant must write on the line below – “I have read, understand, The enrollee attests that he/she is in good physical condition and accept the helmet waiver” DATE SIGNATURE (Parent has no known or Guardian if under 18) PRINT NAME PRINT NAME CLIMBNASIUM, INC. SAFETY POLICIES AND PROCEDURES The following are the Safety Policies and Procedures for Climbnasium, Inc. Responsibly following these policies and procedures reduces, but does not eliminate the possibility of injurysuspected medical conditions that would preclude vigorous physical activity.