• Tokei Climbing Gym and any of its employees, directors, officers, agents, representatives, or assigns (hereinafter “Tokei Climbing Gym ”) reserves the right in its sole discretion to refuse entry, or to remove the participant named above, including his/her Guest (“Participant”) from Tokei Climbing Gym’s property (the “Facility”) or from participation in any activity organized by Tokei Climbing Gym outside of the Facility, including but not limited to portable wall climbing or guided instruction in the outdoors (hereinafter “Outside Activities”) for any reason whatsoever. Any such refusal of entry or removal by Tokei Climbing Gym shall be in its sole discretion.

• Tokei Climbing Gym shall not be responsible for the safekeeping, loss, theft or damage of any Participant’s property or the property of any Guest of Participant that is brought into the Facility or brought on any Outside Activity.

• Participant shall comply with and observe all rules and regulations of Tokei Climbing Gym and the terms and conditions of this Agreement at all times and shall assure that his/her Guest(s) complies with and observes the same.

• Should Participant or his /her Guest(s) damage or break any of Tokei Climbing Gym’s equipment or property, Participant shall be liable for the reasonable cost of necessary repairs or replacements to such equipment or property.

• Tokei Climbing Gym is authorized by the Participant to use, store or transfer, as Tokei Climbing Gym may consider necessary, the Participant’s personal information, for any and all purposes in connection with the Facility and services provided by Tokei Climbing Gym and/or for the purpose of promoting, improving and furthering the interests of Tokei Climbing Gym. Participant acknowledges this may include posting their photos and/or names online, and/or in publications.

• Any delay or failure by Tokei Climbing Gym to exercise its rights and/or remedies under this agreement does not constitute a waiver of any of such right or remedy.

• The terms and conditions herein (as amended from time to time) constitutes the entire agreement between the Participant and Tokei Climbing Gym (other than Tokei Climbing Gym ’s Membership Agreement if Participant is a Member) regarding the Participant’s use of the Facility and supersedes all previous agreements, understandings and arrangements, written or oral, between the Participant and Tokei Climbing Gym in relation to such matters.

• In the event of an emergency, Tokei Climbing Gym is authorized to notify the person(s) listed under Participant’s emergency contact information.