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Strait Up Climbing Ltd
5590 Wharf Ave
Unit 104
Sechelt BC V0N3A0

RELEASE OF LIABILITY, WAIVER OF CLAIMS,

ASSUMPTION OF RISK WARNING AND INDEMNIFICATION AGREEMENT

(ACKNOWLEDGEMENT OF RISK AND RESPONSIBILITY AND INFORMED CONSENT for PARENTS AND GUARDIANS of MINORS)


WARNING: PLEASE READ CAREFULLY BEFORE SIGNING!


BY SIGNING THIS AGREEMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS

INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION

FOLLOWING AN ACCIDENT


 

December 21, 2024

 

To: Strait Up Climbing Ltd (the "Company"), their owners, officers, directors, partners, shareholders, agents, guides, instructors, independent contractors, affiliates, volunteers, participants, employees, representatives, successors and assignees of the Companies, and all other persons or entities acting in any capacity on their behalf.

In this agreement, the term "Climbing Activities" means all activities, events, or services provided, arranged, organized, conducted, sponsored, or authorized by one or more of the Companies and includes without limitation: indoor climbing, outdoor rock climbing, indoor bouldering, outdoor bouldering, training, stretching, yoga, pilates, observing others engaged in the Climbing Activities, volunteering, supervision of children by parents or guardians, all school and instructional sessions, transportation to outdoor climbing sites, and all other activities, events, and services in any way connected with or related to Climbing Activities, whether taking place before, during, or following my participation in Climbing Activities.

I UNDERSTAND THAT PARTICIPATION IN CLIMBING ACTIVITIES CAN BE HAZARDOUS AND MAY INVOLVE THE RISK OF PHYSICAL INJURY OR DEATH. I acknowledge that my participation in Climbing Activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the Climbing Activities. The risks include but are not limited to: scrapes, cuts and bruises; falling off of equipment; muscle and joint sprains and strains; broken wrists, ankles, legs and other bones; participants falling and falling on each other resulting in broken bones and other serious injuries including death; and in the context of indoor and outdoor rock climbing, in addition to the injuries listed above, include but are not limited to: trips arising from walking on uneven terrain, falling whether roped or un-roped off a route, falling rock or other objects, rope burns, weather which may cause injury due to extreme heat, cold or lightning, wild animals, insect bites, hazardous plant life, and transport by public or private vehicles to and from the activity site.

I agree to assume responsibility for maintaining control at all possible times while engaging in the Climbing Activities and for reading, understanding and complying with all signage and heeding the instructions of staff of the Companies. I further understand that falls and injuries are common.

I UNDERSTAND PARTICIPATING IN THE CLIMBING ACTIVITIES COULD RESULT IN MY INFECTION WITH THE COVID- 19 VIRUS, WHICH COULD INVOLVE FLU-LIKE SYMPTOMS, RESPIRATORY PROBLEMS, ORGAN FAILURE, PERMANENT DISABILITY, OR DEATH. I agree that I will not participate in any of the Climbing Activities, if: (1) to the best of my knowledge and awareness, I am experiencing, or have experienced in the prior 14 days, flu-like symptoms or symptoms of any transmissible viral or bacterial infection or disease; or (2) to the best of my knowledge and awareness, I have been in contact in the prior 14 days with any person diagnosed with the COVID-19 virus. I will not participate in any Climbing Activities if I have been advised by the BC Centre for Disease Control, any government agency, or my doctor to self-isolate due to possible exposure to COVID-19.

I acknowledge that alcohol, marijuana and other drugs - both prescribed and non-prescribed - have the capacity to impair my judgment and reduce my ability to effectively manage risks. I understand that consuming alcohol or marijuana before or during my participation in the Climbing Activities is not permitted.

I further give permission for any photos and videos taken during any climbing activities to be used in promotion of Strait Up Climbing Ltd.

RECOGNIZING THESE RISKS AND DANGERS, I VOLUNTARILY CHOOSE TO PARTICIPATE IN THE CLIMBING ACTIVITIES AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE ACTIVITIES, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE. 


 

In consideration of the Companies allowing me to participate in Climbing Activities and permitting my use of their personal property, facilities, or equipment, I AGREE, to the greatest extent permitted by law, TO WAIVE ANY AND ALL CLAIMS AGAINST AND TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND AGREE NOT TO SUE Strait Up Climbing Ltd its insurer, the Companies' owners, officers, directors, partners, shareholders, agents, guides, instructors, independent contractors, affiliates, volunteers, participants, employees, representatives, successors and assignees, and all other persons or entities acting in any capacity on their behalf (each of whom, along with each of the Companies, is a "Released Party") FOR ANY INJURY, DEATH, LOSS, PROPERTY DAMAGE, OR EXPENSE, WHICH I MAY SUFFER, OR THAT MY NEXT OF KIN MAY SUFFER, ARISING IN WHOLE OR IN PART OUT OF MY PARTICIPATION IN THE CLIMBING ACTIVITIES, INCLUDING BUT NOT LIMITED TO ANY CLAIMS BASED ON ANY RELEASED PARTY'S: (1) ALLEGED OR ACTUAL NEGLIGENCE; (2) BREACH OF CONTRACT; (3) NEGLIGENT MISREPRESENTATION; (4) BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION; OR (4) BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE UNDER THE OCCUPIERS LIABILITY ACT (British Columbia). I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF ANY RELEASED PARTY TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE CLIMBING ACTIVITIES. 


 

I understand the above paragraph releases all legal or equitable claims I might have against one or more Released Party, including those of which I am not aware, those not mentioned in the above paragraph, and those resulting from anything that has happened up to now.

I acknowledge and understand that Strait Up Climbing Ltd is not responsible for any lost or stolen personal property belonging to myself or the minor child(ren) under my care while that personal property is at any climbing gym operated by the Companies nor at any parking lots, vehicles in parking lots, or lockers associated with those climbing gyms or parking lots.

I agree that this agreement will bind and benefit my heirs, next of kin, executors, administrators, and representatives, in the event of my death or incapacity. I will not assign my rights and obligations under this agreement.

The laws of the Province of British Columbia, and federal laws of Canada applicable in British Columbia, govern this agreement. The courts of the Province of British Columbia have exclusive jurisdiction over any claims arising out of this agreement. If any part of this agreement is held unenforceable, the validity of all remaining parts will not be affected.

In entering into this agreement I am not relying upon any oral or written representations or statements made by any Released Party with respect to the safety of the Climbing Activities other than what is set forth in this agreement.


 

If signing for a minor, I will read and accept the ACKNOWLEDGEMENT OF RISK AND RESPONSIBILITY AND INFORMED CONSENT - INFORMED CONSENT OF PARENT OR LEGAL GUARDIAN ACKNOWLEDGEMENT OF RISK AND RESPONSIBILITY FORM FOR CHILDREN UNDER THE AGE OF 19" that appears below.

I Agree

 

 



First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Legal Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
ACKNOWLEDGEMENT OF RISK AND RESPONSIBILITY AND INFORMED CONSENT INFORMED CONSENT OF PARENT OR LEGAL GUARDIAN ACKNOWLEDGEMENT OF RISK AND RESPONSIBILITY FORM FOR CHILDREN UNDER THE AGE OF 19 WARNING: PLEASE READ CAREFULLY BEFORE SIGNING! • I am aware that the Minor Participant named above (the “Minor”) will be participating in physical fitness activities solely at my own discretion and the discretion of the Minor. Those activities could include all activities, events, or services provided, arranged, organized, conducted, sponsored, or authorized by Strait Up Climbing (the “Company”), including without limitation: indoor climbing, outdoor rock climbing, indoor bouldering, outdoor bouldering, training, stretching, yoga, pilates, observing others engaged in these activities, school and instructional sessions, transportation to outdoor climbing sites, and all other activities, events, and services in any way connected with or related to those activities (collectively, the “Climbing Activities”). • I UNDERSTAND THAT PARTICIPATION IN THE CLIMBING ACTIVITIES CAN BE HAZARDOUS AND MAY INVOLVE THE RISK OF PHYSICAL INJURY OR DEATH. I acknowledge that participation in the Climbing Activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to me or the Minor, to my or the Minor’s personal property, or to third parties. I understand that those risks cannot be eliminated without jeopardizing the essential qualities of the Climbing Activities. The risks include but are not limited to: scrapes, cuts and bruises; falling off of equipment; muscle and joint sprains and strains; broken wrists, ankles, legs, and other bones; participants falling and falling on each other resulting in broken bones and other serious injuries including death, and in the context of indoor and outdoor rock climbing, in addition to the injuries listed above, include but are not limited to: trips arising from walking on uneven terrain, falling whether roped or un-roped off a route, falling rocks or other objects, rope burns, weather which may cause injury due to extreme heat, cold or lightning, wild animals, insect bites, hazardous plant life, and transport by public or private vehicles to and from the activity site. • I am not aware of the Minor having any existing health, mental, or physical conditions that may increase his or her risk in participating in the Climbing Activities. • I UNDERSTAND PARTICIPATING IN THE CLIMBING ACTIVITIES COULD RESULT IN THE MINOR’S INFECTION WITH THE COVID-19 VIRUS, WHICH COULD INVOLVE FLU-LIKE SYMPTOMS, RESPIRATORY PROBLEMS, ORGAN FAILURE, PERMANENT DISABILITY, OR DEATH. I agree that I will not permit the Minor to participate in any of the Climbing Activities, if: (1) to the best of my knowledge and awareness, the Minor is experiencing, or has experienced in the prior 14 days, flu-like symptoms or symptoms of any transmissible viral or bacterial infection or disease; or (2) to the best of my knowledge and awareness, the Minor has been in contact in the prior 14 days with any person diagnosed with the COVID-19 virus. I will not permit the Minor to participate in any Climbing Activities if I have been advised by the Minor, the BC Centre for Disease Control, any government agency, or the Minor’s doctor to physically isolate due to possible exposure to COVID-19. • The Minor has been informed that he or she must follow the rules and instructions communicated by the Companies and its staff. • I understand that if the Minor does not follow the Companies’ rules and instruction, he or she might lose their privilege to participate in the Climbing Activities. • In permitting the Minor to participate in the Climbing Activities, I am not relying on any oral, written or visual representations or statements made by the Companies or their directors, officers, employees, guides/instructors, agents, or representatives or any other inducement. • Based upon my understandings and acknowledgements described herein, I give the Minor permission to participate in the Climbing Activities.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Legal Guardian's Name

First Name*

Middle Name

Last Name*

Relationship*

Phone*
Parent or Legal Guardian's Date of Birth*
Parent or Legal Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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