1. WAIVER OF LIABILITY

In consideration to enter the Boulder Yard’s premises and engage in the activities and sports offered therein, I do hereby waive, release, and forever discharge The Boulder Yard, LLC (hereinafter “The Boulder Yard”); its subsidiaries and affiliates and their respective agents, employees, officers, directors, owners, shareholders, attorneys, insurers, successors, and assigns from any and all claims and causes of action of any kind or nature which are in any way related, directly or indirectly, to use of The Boulder Yard’s premises and engaging in the activities and sports offered therein, which I may have or hereafter may accrue including any such claims or causes of action caused in whole or in part by the negligence of The Boulder Yard, its subsidiaries and affiliates and their respective agents, employees, officers, directors, owners, shareholders, attorneys, insurers, successors, and assigns. This waiver, release, and discharge expressly includes all acts of active or passive negligence that may occur on the premises of The Boulder Yard, and my participation in bouldering, indoor climbing, weight lifting, exercising, working out, use of equipment, or any other sport or physical activity.

2. ASSUMPTION OF RISK

I understand that I am here at my own risk and expense and agree that I will not bring any claim or cause of action of any kind or nature against The Boulder Yard, its subsidiaries and affiliates and their respective agents, employees, officers, directors, owners, shareholders, attorneys, insurers, successors, and assigns. It is further agreed that all activities at The Boulder Yard shall be undertaken by me at my sole risk and that The Boulder Yard shall not be liable to me for any claims, demands, injuries, damages, actions, or courses of action whatsoever, to my person or property arising out of or connecting with the use of the services and facilities of The Boulder Yard by me, or to the premises of The Boulder Yard, LLC. Participation in The Boulder Yard’s activities, including but not limited to, bouldering, indoor climbing, weight lifting, exercising, working out, use of equipment, or any other sport or physical activity, is strenuous and subjects me to risk of serious physical injury. By participating in any of these activities, I acknowledge that I assume the risk of any injuries, illness, or death that I sustain to my body or property while on the premises of The Boulder Yard. I further agree that The Boulder Yard is not responsible for damage to my body or property.

3. RULES AND REGULATIONS

I acknowledge that I have read, understood, and I voluntarily agree to abide by all of the rules posted in The Boulder Yard. This is for my safety and the safety of others. My failure to abide by The Boulder Yard’s rules may result in injury to my body or property, and may result in loss of privileges to use The Boulder Yard’s facilities. I understand that The Boulder Yard reserves the right to deny or withdraw any use of its facilities if I violate its rules and regulations.

4. INDEMNIFICATION

I further agree to indemnify, defend, and hold harmless The Boulder Yard, LLC, its subsidiaries and affiliates and their respective agents, employees, officers, directors, owners, shareholders, attorneys, insurers, successors, and assigns, from any claims or causes of action of any kind arising from my use of The Boulder Yard’s premises or from my engaging in the activities and sports offered thereon.

5. PHYSICAL FITNESS AND HEALTH

Because physical exercise can be strenuous and subject to risk of serious injury, I understand that The Boulder Yard urges me to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. I understand that The Boulder Yard is not making any determination as to my physical fitness, health, or ability to engage in the activities it offers and that such determinations are made solely by myself in conjunction with my own healthcare providers. This includes changes in diet, the use of food supplements, weight reduction and/or body building supplements.

6. SEVERABILITY AND FORUM SELECTION

If any portion of this Waiver and Release shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release shall remain in full force and effect and the offending provision or provisions severed therefrom. All legal proceedings arising out of or in connection with this Agreement shall be brought only in the Circuit Court for Frederick County, Maryland.

7. ACKNOWLEDGMENT

By placing my signature below, I acknowledge and agree that I have carefully read this agreement, understood all of its terms and conditions contained herein, and that this agreement will be in full force and effect during each of my visits to The Boulder Yard. I understand that the effect of this Waiver and Release is voluntary and I am giving up any potential right that I may otherwise have to bring a legal action against a trainer, instructor, employee, owner, or agent of The Boulder Yard for personal injury or property damage. This Waiver and Release cannot be modified orally or written. I will follow the rules of the facility and safety procedures. I will not touch the top, sides, or back of the climbing wall or any of its structure. I hereby grant The Boulder Yard permission to use my photographs, video, or other digital media in any and all of its publications, including web-based publications without payment or other consideration.