EVENT WAIVERS

Brave Enough CrossFit

I, the undersigned acknowledge the inherent risk involved when using any type of fitness equipment at and /or in the Brave Enough CrossFit facilities, and in all other sports and training sessions relating therein. Accordingly, as consideration in exchange for being allowed to participate in any exercise, fitness, athletic, porting, and/or other activities at and/or sponsored by Brave Enough CrossFit, I agree to the following:

1. I acknowledge and fully understand that I will be engaging in activities that involve risk of serious injury, which may include permanent disability and even death and severe social and economic losses which might result not only from my actions but also from the action, inaction or negligence of others, the use of the facilities and/or equipment, or condition of the premises, or any equipment used, and further that there may be risks not known to me or no reasonably foreseeable. I expressly assume all risks of injury, including death, which may occur in connection with my participation in activities at Brave Enough CrossFit.

2. I agree to assume all of the foregoing risks and accept full responsibility for my own damages following such injury, permanent disability, or death.

3. I release, waive, and discharge, and agree not to sue Brave Enough CrossFit, it's owner, any parent company and any subsidiaries and all its respective agents, affiliates, associates, officers, directors, owners, and employees (collectively "Releases") from demands, losses, damages on account of any bodily injury, death or property damage caused or alleged to be caused while or in part by Releases or any other party’s actions, inaction's, or in part by my actions.

4. I consent to emergency medical care and transportation in order to obtain treatment in the event Brave Enough CrossFit deems appropriate. This Release extends to any liability arising out of or in anyway connected with the medical treatment and transportation provided in the event of an emergency.

5. I expressly agree that the terms of the release and indemnity contained herein are intended to be as broad and inclusive as is permitted by the laws of the state of Missouri. Any provision or portion of this Waiver, Release and Indemnity Agreement found to be invalid by the courts having jurisdiction shall be invalid only with respect to such provision or portion. The offending provision or portion shall be construed and enforced to the same effect as if such offending provision or portion thereof had not been contained herein.

I have read the Waiver, Release, and Indemnity Agreement and understand that by signing the below, I have given up substantial rights.

RoKC

Please read this Acknowledgment and Assumption of Risks and Release and Indemnity Agreement, including Introduction and Conclusion (the “Document”) carefully before signing. This Document informs you about your responsibilities and assumption of risks, and includes a release of liability, indemnification and surrender of certain legal rights.

In consideration of the services of RoKC, Inc., its agents, owners, officers, employees, representatives and all other persons or entities associated with it (hereafter collectively “RoKC”), participant, including parent(s) of minor participants, agree as follows:

ACKNOWLEDGMENT AND ASSUMPTION OF RISKS

Engaging in climbing activities at RoKC’s indoor rock climbing facility involves serious risks. These activities vary but can include bouldering, climbing, belaying and rappelling on Vertical World’s artificial climbing walls, with or without RoKC staff present. I (and my parent(s), if I am a minor) acknowledge that participating in climbing activities involves risks. Some risks are inherent in these activities and cannot be eliminated or reduced. A variety of other risks also exist. These inherent and other risks, hazards and dangers can cause injury, property damage, illness, mental or emotional trauma, paralysis, disability or death to participant or others. The following describes some, but not all of those risks, hazards and dangers:

Risks involved in physical activity. Activities vary, but can include lifting, climbing, rappelling, belaying and sustained use of a participant’s arms and legs.

Risks in decision making. Participants must make judgments and decisions as they participate in climbing activities. So, too, RoKC staff must make judgments and decisions as they teach climbing skills or assist participants. These judgments and decisions are, by their nature, imprecise and subject to error. Consequently, there are risks involved in decision-making and conduct, including, without limitation, the risk that a staff member may misjudge a participant’s abilities or fitness level.

Equipment failure or misuse. Equipment used includes, without limitation, artificial climbing holds and anchor points, ropes, slings, harnesses, climbing shoes and climbing hardware which may be misused, or which can break, fail or malfunction. This includes participant’s personal equipment or equipment rented or borrowed from RoKC.

Risks regarding conduct. The potential that I, other participants or third parties (e.g. belayer, rescue squad, hospital) may act carelessly or recklessly or generally fail to exercise care.

Such other risks, hazards and dangers associated with rock climbing activities and the use of artificial rock climbing walls.

These and other risks, hazards and dangers may result in participants (for example): 1) falling partway or falling to the ground, 2) getting entangled in ropes or other equipment, 3) impacting the rock face, anchor points, or other projections, 4) colliding with or impacting objects or people. These and other circumstances may cause fractures, sprains, broken bones, concussions, cuts or abrasions, or other injury or illness, mental or emotional trauma, paralysis, disability or death.

I understand that the above list is not complete and that other unknown or unanticipated risks, hazards and dangers may result in injury, damage, death or other loss. I acknowledge that participating in these activities requires a special degree of skill and knowledge different from other activities and that I have responsibilities as a participant. I have no mental or physical problems or limitations that might compromise or affect my ability to participate in climbing activities which have not been disclosed to RoKC. I represent I am fully capable of participating in these activities without causing harm to me or others and I agree to follow all RoKC rules and regulations. I acknowledge that RoKC staff is, and have been available, should I have further questions about the nature and physical demands of these activities and the risks, hazards and dangers associated with these activities. I understand that the presence of RoKC personnel is absolutely no assurance of my safety or the lessening of any of these risks. Climbing is dangerous! In both supervised and unsupervised activities, I acknowledge that all participants are responsible for their own safety. My participation in these activities is purely voluntary, and I choose to participate in spite of and with knowledge of the risks. Therefore, I (and my parent(s), if I am a minor) assume and accept full responsibility for those risks identified here and for those risks not identified, and for injury, damage, death or other loss suffered by me resulting from those risks, or resulting from my own negligence or other conduct.

RELEASE AND INDEMNITY AGREEMENT

Please read carefully. This section contains a Release and Indemnity Agreement and surrender of certain legal rights.

Participant, if he/she is an adult, or parent(s), for themselves and on behalf of their participating minor child:

agree to release and covenant not to sue RoKC, with respect to all claims, liabilities, suits or expenses (including attorneys fees and costs), arising out of any injury, damage, death or other loss to me or my child in any way connected with my/my child’s enrollment or participation in RoKC activities, or use of RoKC’s climbing wall or other equipment and facilities. I understand I agree here to waive all claims I may have against RoKC, and agree that neither I, nor anyone acting on my behalf, will make a claim or file a lawsuit of any kind against RoKC, as a result of any injury, damage, death or other loss suffered by me or my child;

agree to defend and indemnify (“indemnify” meaning protect by reimbursement or payment) RoKC with respect to all claims, liabilities, suits or expenses (including attorneys fees & costs):

(a) brought by or on behalf of me, my child, or a family member, arising out of any injury, damage, death or other loss to me or my child in any way connected with my/my child’s enrollment or participation in RoKC activities, or use of RoKC’s climbing wall or other equipment and facilities; or,

brought by a co-participant or any other person, arising out of any injury, damage, death or other loss claimed to be caused, in whole or in part, by my/my child’s conduct in the course of participating in RoKC activities or using RoKC’s climbing wall or other equipment and facilities.

This Release and Indemnity Agreement includes any losses claimed to be caused, in whole or in part, by the negligence of RoKC (but not its gross negligence or reckless misconduct) and includes claims for personal injury, property damage, wrongful death, products liability, breach of contract or otherwise.

CONCLUSION

I agree that this Document and all other aspects of my relationship with RoKC are governed by Missouri state law. Further, any mediation, suit, or other proceeding arising out of or relating to my enrollment or participation in RoKC activities, must be filed or entered into only in the State of RoKC and RoKC law shall apply. I agree to attempt to settle any dispute (that cannot be settled by discussion) through mediation before a mutually acceptable mediator.

I authorize RoKC staff to obtain or provide medical care for me/my child or to transport me/my child to a medical facility. I authorize medical personnel to render such treatment they deem necessary for me/my child’s health. I agree that RoKC has no responsibility for medical care provided to me/my child and I agree to pay all costs associated with such medical care and transportation.

Any portion of this Document deemed unlawful or unenforceable shall not affect the enforceability of the remaining provisions of this Document and the remaining provisions shall continue in full force and effect.

I have carefully read, understand and voluntarily sign this Document and acknowledge that it shall be effective and binding upon myself and my family and my heirs, executors, representatives and estate.