Print Child's First & Last ASSUMPTION OF RISK AND…

Print Child's
First & Last                   ASSUMPTION OF RISK AND RELEASE OF LIABILITY                                             Page 1 of 2 (3/06)

Name Here
   I, _________________________, hereby acknowledge that I have voluntarily applied to participate in a Planet Granite
   activity or use Planet Granite facilities. In consideration of the services of Planet Granite, their agents, owners, affiliates,
   officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf
   (hereinafter collectively referred to as "Planet Granite"), I hereby agree to release and discharge Planet Granite, on
   behalf of myself, my children, my parents, my heirs, assigns, personal representatives, guardians and estate as follows:
   1. Acknowledgment of Risk: I recognize the fact that there is an inherent danger in the sport of rock climbing,
   including but not limited to injury or death, and I understand that no amount of care, caution, instruction or expertise can
   eliminate this inherent danger.
   2. Climbing at Planet Granite is not the same as other Rock Climbing: I understand that climbing at Planet Granite
   on artificial rocks is not the same as climbing real rocks or on other artificial rock surfaces. I understand that the climbing
   instruction I will receive at Planet Granite is not necessarily applicable to other real or artificial rock climbing. I
   understand that the instruction I receive at Planet Granite does not prepare me to climb without supervision. I further
   understand that the handles used on artificial climbing surfaces are a convenience, they are not a safety feature and they
   can and do break.
   3. Protective Helmets: I have been offered a protective helmet. I understand that wearing a helmet does not eliminate
   the danger of rock climbing but that in certain instances it can reduce the risk of permanent injury or death. I understand
   that Planet Granite recommends I wear a helmet and if I choose not to wear a helmet I do so against their advice.
   4. Assumption of Risk: In recognition of the known and unknown risks of the above activities, I confirm that I am
   physically and mentally capable of participating in the activity and using the equipment. I understand that if my mental
   or physical condition changes after the execution of this release such that I am not capable of participating in the activity
   or using the equipment I am obliged to cease participating in the activities and using the equipment. I expressly agree
   and promise to accept and assume all of the risks existing in this activity, including the risks of injury or death. My
   participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
   5. Release Provision: As lawful consideration for being permitted by Planet Granite, to participate in these activities
   and use their facilities, I understand and agree that I am assuming full responsibility for any and all death, illness, injury,
   and property damage and/or loss that I may suffer, in connection with any and all activities in which I participate in at
   Planet Granite or under Planet Granite's supervision, or use of Planet Granite facilities, including, but not limited to
   death, illness, injuries or property damages and/or loss arising from, among other things, (a) negligence or carelessness
   of the part of the Planet Granite, including, but not limited to, negligent supervision, negligent rescue operations,
   dangerous or defective equipment or property owned, maintained or controlled by Planet Granite, or because of liability
   without fault, even if caused by the actions or omissions of others, and/or (b) equipment, facilities, and other hazards or
   conditions. I agree that this release constitutes a complete release, discharge and waiver of any and all actions or
   causes of action against Planet Granite, arising in connection with any and all activities in which I participate while at
   Planet Granite or my use of Planet Granite facilities. I agree that I, my children, my parents, my heirs, assigns, personal
   representatives, guardians and estate will not make a claim against, sue, attach the property of, or prosecute Planet
   Granite, for injury or damage resulting from negligence or other acts, howsoever caused, by Planet Granite, as a result
   of my participation in the activities or use of the facilities.
   6. Indemnity Clause: I hereby indemnify and hold harmless Planet Granite from any and all liabilities or claims made
   by other individuals or entities as a result of any of my actions, while I am engaged in any activity at Planet Granite or
   use of Planet Granite facilities, including any litigation, expenses, attorney's fees, loss, liability, damage or cost which
   may occur as a result of any such claims. Should Planet Granite, be required to incur attorneys' fees and costs to
   enforce this agreement, I agree to indemnify and hold them harmless from all such fees and costs.
   7. Continuation of Agreement: I understand and agree that this release will have the effect of releasing, discharging,
   waiving, on my own behalf and on behalf of my survivors, assigns, heirs and estate and forever relinquishing any and all
   actions or causes of action that I may have or have had against Planet Granite whether under statutory or common law
   existing now or in the future, whether past, present or future, whether known or unknown, and whether anticipated or
   unanticipated by me, arising out of my participation in activities while at Planet Granite or use of Planet Granite facilities.
   I fully understand that I cannot hereafter make further claims or seek any further recovery of any nature whatsoever
   against Planet Granite, based upon, arising out of, or in connection with my participation in activities at Planet Granite or
   use of Planet Granite facilities, and I hereby expressly waive all future unknown claims caused by, or alleged to be
   caused by, any act or omission by Planet Granite.
   8. Release of Owner: Each and every release, waiver and indemnification of Planet Granite provided in this
   agreement shall also apply, with equal force and effect, as a release, waiver and indemnification of the owner of the
   property in which the facilities of Planet Granite are located.
   9. California Civil Code Concerning Release of Liability for Unknown Claims and Liability for Ones Negligent
   Acts or Omissions: I am aware of and specifically waive the provisions of California Civil Code Section 1542, which
   provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in
   his favor at the time of executing the release, which if known by him must have materially affected his settlement with
   the debtor." I am aware of and specifically waive the provisions of California Civil Code Section 1714, which provides in
   pertinent part as follows: "Everyone is responsible, not only for the result of his or her willful acts, but also for an injury
                                                                                                                          Page 2 of 2 (3/06)



       occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person ..."
       10. Governing Law, Jurisdiction and Severability of Provisions. This Waiver and Release of Liability shall be
       governed by California law and construed broadly to provide a release and waiver to the maximum extent permissible
       under applicable law. In the event that I file a lawsuit against Planet Granite, I agree to do so solely in the state of
       California. I agree that if any portion of this Waiver and Release of Liability is held to be invalid, the rest shall nonetheless
       remain in full force and effect.
       11. Rules: I have read the posted Planet Granite rules and I agree to abide by them.

       BY SIGNING THIS DOCUMENT, I ACKNOWLEDGE THAT IF ANYONE IS HURT OR PROPERTY IS DAMAGED
       DURING MY PARTICIPATION IN A PLANET GRANITE ACTIVITY, I MAY BE FOUND BY A COURT OF LAW TO
       HAVE WAIVED MY RIGHT TO MAINTAIN A LAWSUIT AGAINST PLANET GRANITE ON THE BASIS OF ANY CLAIM
       FROM WHICH I HAVE RELEASED THEM HEREIN. IT IS THE INTENTION OF THE UNDERSIGNED TO EXEMPT
       AND RELIEVE PLANET GRANITE AND ASSOCIATED PARTIES FROM LIABILITY FOR PERSONAL INJURY,
       PROPERTY DAMAGE OR WRONGFUL DEATH. I HAVE CAREFULLY READ BOTH PAGES OF THIS AGREEMENT
       AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A
       CONTRACT BETWEEN MYSELF AND PLANET GRANITE AND AFFILIATED PARTIES AND I SIGN IT OF MY OWN
       FREE WILL.

                    Signature of Participant: ___________________________________________                           For Staff Use
                                                                                                                    Drivers License #:
                                 Print Name: ___________________________________________
If Participant is
a Minor, Please              Street Address: ___________________________________________                              Exp. Date:
Enter Minor's            City, State and Zip: ___________________________________________                             DOB:
Information
Here                                  Phone:

                              (_________)__________________________________

                                Date of Birth: ______________ Today's Date: _________________

                  How did you hear about us? __________________________________________

 E-mail address for our newsletter: _________________________ (We promise no junk mail and we do not share our e-mail list.)

                             PARENT OR LEGAL GUARDIAN'S ADDITIONAL INDEMNIFICATION                                          Please Print
                           (MUST BE COMPLETED FOR PARTICIPANTS UNDER THE AGE OF 18)                                         Child's First
                                                                                                                            & Last
       In consideration of ______________________________ (print minor's name) ("Minor") being permitted by
                                                                                                                            Name Here
       Planet Granite to participate in its activities and to use its equipment and facilities, I agree to indemnify and hold
       harmless the parties referenced above from any and all claims which are brought by, or on behalf of Minor, and
       which are in any way connected with such use or participation by Minor. The undersigned parent and natural
       guardian or legal guardian does hereby represent that he/she is, in fact, acting in such capacity and agrees to
       save and hold harmless and indemnify each and all of the parties referenced above from all liability, loss, cost,
       claim or damage whatsoever which may be imposed upon said parties because of any defect in or lack of such
       capacity to so act and release said parties on behalf of the minor and the parents or legal guardian.

                      I HAVE READ AND AGREE TO THE ABOVE ADDITIONAL INDEMNIFICATION AND
                       THE ABOVE ASSUMPTION OF RISK AGREEMENT AND RELEASE OF LIABILITY
                                                                                                   Don't Forget,
                                                                                                   Waiver is
       Parent or Legal Guardian's Signature: ______________________________________________________NOT
                                                                                                   Complete
               Print Name: _________________________________________ Date:___________________
                                                                                                   Without This
                      Parent or Legal Guardian's Driver's License #:______________________________

       PARENT OR LEGAL GUARDIAN SIGNING THIS WAIVER BUT NOT ACCOMPANYING THE MINOR MUST
                        SUBMIT A COPY OF THEIR DRIVERS LICENSE HEREWITH.