Photo Release

This Photo Release Agreement (“Agreement”) is entered into as of the date of submission of photographs (“Submission Date”) by the individual or entity submitting the photographs (“Submitter”) to Escape Climbing, LLC (“Escape Climbing”), and sets forth the terms under which Escape Climbing may use the photographs.

1. Grant of Rights

The Submitter hereby grants to Escape Climbing, its affiliates, successors, and assigns, an irrevocable, non-exclusive, perpetual, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, distribute, publicly display, and create derivative works from the submitted photographs (“Photos”) in any media or format, now known or hereafter developed, for any lawful purpose, including but not limited to marketing, advertising, promotions, and social media.

2. Model Release and Representations

By submitting the Photos, the Submitter represents and warrants that:

• They are the rightful owner of the Photos or have obtained all necessary rights, permissions, and releases from the rightful owner(s) to grant Escape Climbing the rights described in this Agreement.

• Any individual(s) depicted in the Photos (“Models”) have granted their express permission to be photographed and for their likeness to be used as described herein, including for commercial purposes.

3. Indemnification

The Submitter agrees to indemnify, defend, and hold harmless Escape Climbing, its officers, employees, and agents from any claims, demands, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising out of or related to:

• Any breach of the Submitter’s representations or warranties in this Agreement.

• The unauthorized use of the Photos or any individual’s likeness included therein.

4. No Obligation to Use

Escape Climbing is under no obligation to use any Photos submitted.

5. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of laws principles.

6. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the Photos and supersedes all prior or contemporaneous agreements, understandings, or representations, whether oral or written.

By submitting Photos to Escape Climbing, the Submitter acknowledges that they have read and agree to the terms of this Agreement.