RELEASE OF LIABILITY

I, the undersigned, hereby voluntarily release, discharge, waive and relinquish any and all claims or causes of action for personal injury, property damage, or wrongful death which may arise out of or in connection with my participation on the simulated rock wall attraction known as IROCK located at the Salomon Center, 2261 Kiesel, Ogden Utah, no matter how such injuries or damages may occur.

I UNDERSTAND AND ACKNOWLEDGE THAT ROCK CLIMBING ACTIVITIES HAVE INHERENT DANGERS THAT NO AMOUNT OF CARE, CAUTION, INSTRUCTION, OR EXPERTISE CAN ELIMNATE AND I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF PERSONAL INJURY OR DEATH, WHETHER FORSEEABLE OR NOT, SUSTAINED IN CONNECTION WITH PARTICIPATION ON IROCK climbing wall.

Accordingly, under no circumstances will I nor any of my heirs, distributees, guardians, legal representatives and assigns present or bring any claim for personal injury, property damage, or wrongful death against: Total Fitness Center Inc, DBA IROCK, and any or their subsidiary companies (hereinafter “RELEASEES”) or any officer, director, member, agent, servant or employee of RELEASEES based upon RELEASEES negligent acts or omissions.

I, individually, and/or on behalf of the minor participant listed below, also hereby agree to a blanket event release of all rights related to my audio and photographic image that may arise out of my participation in activities on or around the IROCK climbing wall.  I understand that this event release includes any and all marketing, promotion or advertising specific to any event that may occur anywhere and anytime on any media as later used by RELEASEES or any of their representatives or assigns.

The RELEASE shall be construed and enforced in accordance with the laws of the State of Utah.  Any action at law, suit in equity, or other jurisdictional proceeding arising in connection with this Agreement or my participation on the IROCK climbing wall, shall be instituted only in the courts of Weber County, Utah.

I AM AWARE THAT THIS RELEASE IS LEGALLY BINDING AND THAT I AM RELEASING MY LEGAL RIGHTS BY SIGNING BELOW.

Participant’s Name:  (Please print) __________________________________________

Participant’s Signature:  ____________________________________Date ___________

(If participant is a minor) Legal Guardian Signature: ___________________Date______