Waiver

TOKEI CLIMBING GYM LIABILITY WAIVER

I (Participant) understand that roped climbing, bouldering, weight lifting, cardiovascular training, yoga, and other activiti es now available or that may become available at the Facility in their various forms, as well as preparation for participation in, coaching or spotting, volunteering, and all other aspects involved with these activities (“collectively referred to hereinafter as “Activities”) are inherently dangerous activities involving many RISKS, DANGERS, AND HAZARDS. These risks, dangers and hazards include, but are not limited to, falling, collisions with objects, people or structures, being struck by other participants or objects, loose holds or other equipment failure, the actions of other participants including negligence or inexperience of the Participant’s partner(s), overuse injuries, the aggravation of preexisting conditions, or other foreseeable or unforeseeable events or circumstances. I understand that INJURIES OF ALL TYPES ARE A COMMON AND ORDINARY OCCURANCE of the Activities. I know that the risk of SEVERE INJURY and even DEATH exists in the participation of the Activities. I also understand that maintenance of the Facility and equipment, training, coaching, instruction, supervision, enforcement or lack thereof of any rules or regulations, route setting, or any added safety measures (hereinafter “Associated Activities”) by Tokei Climbing Gym , its subsidiaries, affiliates, officers, directors, employees, volunteers, agents, coaches, instructors, contractors, representatives, competition organizers and sponsors, and equipment providers do not and cannot guarantee my safety. I (Participant) hereby represent that I am fit and suffer from no adverse health condition or effect that would limit my ability to participate in any Activities offered by Tokei Climbing Gym . I (Participant) hereby represent that any of my own equipment that I use at the Facility is safe and in no way shall Tokei Climbing Gym be liable for any damages caused to myself or a third party for any failure of any such equipment. I (Participant) hereby represent that I have conducted a thorough visual inspection of the Facility and equipment I will be using and I am aware of any potential hazards associated with the Facility and/or such equipment. With full knowledge and understanding of the RISK OF SEVERE INJURY AND DEATH involved in the Activities and the Associated Activities, I FREELY AND VOLUNTARILY ACCEPT AND FULLY ASSUME THE RISK THAT I MAY SUFFER TEMPORARY, PERMANENT, OR EVEN FATAL INJURIES, even if I follow the instructions or advice of Tokei Climbing Gym.

RELEASE

• In consideration of Tokei Climbing Gym’s acceptance of my membership application or day use of the Facility, and in spite of the risk of severe or permanent injury or even death, the undersigned agrees as follows:

• I (Participant) hereby unconditionally WAIVE AND RELEASE ANY AND ALL CLAIMS AND CAUSES OF ACTION OF ANY KIND OR NATURE AGAINST TOKEI CLIMBING GYM , AND ANY MANUFACTURERS OR DISTRIBUTORS OF EQUIPMENT USED BY TOKEI CLIMBING GYM , RELATED IN ANY WAY TO THE ACTIVITIES OR THE ASSOCIATED ACTIVITIES. THIS WAIVER AND RELEASE INCLUDES BUT IS NOT LIMITED TO ANY SUCH CLAIMS OR CAUSES OF ACTION, present or future, related to injury or damage to Participant, his/her property, or to any other person or property, for any loss, damage, expense or injury (including DEATH) suffered by any person from or in connection with Participant engaging in any Activities and from Associated Activities, due to any cause whatsoever, INCLUDING NEGLIGENCE and/or breach of express or implied warranty on the part of TOKEI CLIMBING GYM.

• Participant agrees to hold harmless, defend and indemnify Tokei Climbing Gym from any claim or action, present or future, related to injury or damage to Participant, his/her property, or to any other person or property, for any loss, damage, expense or injury (including DEATH) suffered by any person from or in connection with Participant’s participation in any Activities and from Associated Activities, due to any cause whatsoever including negligence and/or breach of express or implied warranty on the part of Tokei Climbing Gym .

• Participant hereby RELIEVES TOKEI CLIMBING GYM OF ANY DUTY TO PROTECT PARTICIPANT FROM HARM in connection with any Activities, Outside Activities or Associated Activities in which Tokei Climbing Gym is involved in any way.

• In the event Participant does suffer any type of damages or injury, Participant shall notify Tokei Climbing Gym immediately of any such occurrence or cause.

• Participant authorizes Tokei Climbing Gym to stabilize, obtain medical care for, or transport him/ her to a medical facility or hospital if, in the opinion of Tokei Climbing Gym medical attention is required and Participant is unable to make such decisions for himself/herself.

•Participant agrees to pay all costs associated with such medical care and related transportation and shall DEFEND, INDEMNIFY AND HOLD HARMLESS Tokei Climbing Gym of and from the consequences of such decision and from any such costs incurred relating to the provision of medical care. Participant also authorizes disclosure of any protected medical information in the possession of Tokei Climbing Gym that is necessary to provide, coordinate or manage members healthcare and to the extent that such use or disclosure is required by law.

• This Liability Waiver shall continue in effect in perpetuity so that each time Participant or Member uses the Facility or participates in any Outside Activities from the date this waiver is signed forward he/she shall be bound by the terms and conditions herein.

• If any provision of this Agreement or the application of any such provision to any person or circumstance is held invalid, the remainder of this Agreement, and the application of such provision other than to the extent it is held invalid, will not be invalidated or affected thereby.

• This Participant and Liability Waiver Agreement shall be governed by Constitution of the Republic of Indonesia, without regard to conflicts of laws principles. In addition, Participant or Member agrees that jurisdiction and venue for any action or claims arising out of or relating to this Agreement shall be in the Gianyar District Court located in Gianyar.

HAVING CAREFULLY READ THE FOREGOING AND UNDERSTANDING IT TO BE A LEGALLY BINDING RELEASE AND INDEMNITY AGREEMENT, PARTICIPANT SIGNIFIES HIS ASSENT TO THE ABOVE TERMS BY SIGNING BELOW.

 
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SIGNATURE OF PARENT OR LEGAL GUARDIAN REQUIRED FOR PARTICIPANTS UNDER THE AGE OF 18 As the parent or legal guardian of the minor child Participant named above, I hereby make and enter into each and every agreement, representation, waiver and release described above on behalf of myself, Participant, and any other parent or legal guardian o f the Participant, intending that they be binding on me, the Participant, and our respective heirs, executors, personal representatives, administrators and assigns. By affixing my signature below I represent that I intend to give up my right, the right of Participant, and the right of any other parent or guardian or person to maintain any claim or suit against Tokei Climbing Gym arising out of Participant's participation in any Activities or related in any way to the Associated Activities. I further agree to hold harmless, defend, and indemnify Tokei Climbing Gym of and from any claims from third parties arising from or related to the minor child Participants’ participation in any Activities or Associated Activities.