WAIVER, RELEASE, AND PARTICIPATION AGREEMENT

In consideration of the services offered by Up and Up LLC (“Up and Up”), and as a condition to my participation or the participation of the minor child identified below in one or more services, meetings, activities, lessons, and sessions offered by Up and Up (the “Programs”), I agree to the terms and conditions contained in this Waiver, Release, and Participation Agreement (the “Agreement”). 

Legal Effect of this Agreement. I understand that this Agreement is a legal document that impacts and/or alters my legal rights. I agree that this Agreement applies to my participation in all Programs, whether now or in the future, and that this Agreement will remain in effect indefinitely and end only upon a written termination by Up and Up.
Assumption of Risk. I understand that indoor and outdoor rock climbing, rock climbing instruction, exercises related to rock climbing, use of rock climbing climbing facilities (the “Facilities”), and participation in the Programs (collectively the “Climbing Activities”) have inherent risks and dangers and may result in injury or death. I acknowledge that injuries commonly result from Climbing Activities, including injuries from (i) falling off the climbing walls, (ii) skin contact with climbing surfaces or ropes, (iii) activities on or near the climbing areas, (iv) the acts or omissions of others, (v) failure or misuse of climbing equipment or the climbing surface, (vi) failure to follow instructions or to ask for information or assistance, and (vii) other circumstances, both foreseeable and unforeseeable. I understand that this list of risks does not include all possible risks associated with Climbing Activities, and that no amount of care, instruction, or supervision can eliminate the risks associated with Climbing Activities. I further understand that climbing on artificial climbing walls is not the same as climbing on other surfaces, and that the instruction that I may receive in the Programs is not necessarily applicable to other climbing conditions. I also understand that the instruction that I receive in the Programs does not prepare me to climb without supervision, and that the holds used on artificial climbing surfaces are a convenience (not a safety feature) and that they can and do break. I expressly assume all risks associated with my participation in the Climbing Activities, and I choose to participate in the Climbing Activities in spite of, and with full knowledge, understanding, and appreciation of all risks.
COVID-19. Anyone and everyone related to and coming into contact with other individuals in the Facilities assume personal responsibility for the risks of participation. Up and Up cannot guarantee that you, your family, or friends will not become exposed to or infected with COVID-19, or that if infected, that you or your children will not pass COVID-19 to others. Participating in the programs may increase your risk of contracting COVID-19 or other communicable diseases, and consequently the risk that you, your children, your family, your friends and other people may contract COVID-19 (or other communicable diseases).
In consideration of me being allowed to participate, I acknowledge that I have carefully read this document and fully understand that it includes a release of liability, and that by signing it I am giving up legal rights which I otherwise might have. I further acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that by utilizing the Programs, I, my family, friends, and others, may be exposed to or infected by COVID-19 (and/or other communicable diseases) , and that such exposure and/or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 (or other communicable diseases) while participating in the Programs from COVID-19 (or another communicable disease) itself and the inability of any action or series of actions to entirely prevent exposure to, transmission of, or infection by COVID-19, or may result from the actions, omissions, or negligence of Up and Up’s owners, management, employees, volunteers, myself, or others, including, but not limited to other participants and their families.
I VOLUNTARILY AGREE to assume all risks related to entry, use, and participation in Up and Up’s Programs, whether described in this document, otherwise known or unknown, and accept sole responsibility for any injury to myself, other family members, friends and others, which injury may include, but not be limited to, personal injury, illness, disability, or death, as well as any damages, losses, claims, liabilities, or expenses of any kind arising from or related in any way to COVID-19 (or any other communicable disease) and my participation in the Programs (the “Claims”), and the actions, omissions, or negligence of Up and Up’s owners, management, employees, and volunteers. Further, on my own behalf, other family members, friends, guests at the facility or program and any of my or their heirs, executors, successors and assigns, I hereby release, covenant not to sue, discharge, and agree to indemnify, defend and hold harmless Up and Up and its owners, management, employees, agents, volunteers and representatives, of and from the Claims to the fullest extent permitted by law.
Physical and Mental Condition. I am in proper physical and mental condition to participate in Climbing Activities. If my condition changes after execution of this Agreement such that I am not capable of participating in Climbing Activities, I will immediately notify Up and Up and cease participation in the Climbing Activities. 
Agreement to Comply with Rules. I will comply with all rules from time to time posted in the Facilities, on Up and Up’s website, or otherwise made available to me, and with all instructions of Up and Up’s instructors and staff. 
Results. I recognize that Up and Up makes no guarantees about performance or results while participating in Programs or using the Facilities, and the tools or implements provided.
Medical advice. I recognize that Up and Up is not a medical institution and can not provide any medical care. Any advice given about a medical condition of mine will be taken only to the extent that it applies to Climbing Activities, and I should consult with my primary care physician about any and all medical conditions that I have had at any time in the past, present, or future.
Image release. I agree to let Up and Up use my image or the image of the minor child that I am signing for for its marketing purposes, including social media, website, and marketing communications including any pictures and video taken while performing Climbing Activities.
Waiver and Release of Claims. On behalf of myself and my heirs, executors, administrators and assigns, I knowingly and intentionally (i) waive and release, indemnify, and hold harmless Up and Up, and its respective governors, managers, owners, members, agents,  employees, and affiliates (each a “Released Party”) from and against all claims, demands, actions, causes of action, liabilities, suits, and expenses (including attorneys’ fees) which are related to, arise out of, or are in any way connected with my (or the minor’s) participation in Climbing Activities, including but not limited to all claims for property damage, personal injuries, or wrongful death (collectively “Claims”), and (ii) agree not to sue any Released Party for any Claims. By signing this Agreement, I waive my right to bring an action in any forum against, or to recover compensation from, any Released Party for any Claims. I agree to pay all costs and expenses incurred by any Released Party (including attorneys’ fees) in connection with any Claims brought by me on my behalf. If I am signing this Agreement on behalf of a minor, I acknowledge and agree that (i) I am the minor’s parent or legal guardian, (ii) the minor’s participation in Climbing Activities is expressly conditioned on my execution of this Agreement, and (iii) this Agreement is binding upon the minor and the minor’s heirs, executors, administrators, and assigns. I certify that I have read this Agreement and have taken the opportunity to speak to representatives of Up and Up, if desired, prior to executing this Agreement, and that no oral representations or inducements have been made to me that change any of the terms of this Agreement. 
Miscellaneous Terms. If any part of this Agreement is held to be unenforceable, the remaining portions of this Agreement shall remain in full force and effect. Any formatting of this agreement is for convenience. This Agreement shall be governed and construed in accordance with Minnesota law. Any action or proceeding relating to this Agreement shall be venued in Hennepin County, Minnesota. I voluntarily and intentionally waive the right to a trial by a jury in any action relating to this Agreement or against any Released Party. This Agreement is binding upon my heirs and executors.