YEG Ice

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF RISKS AGREEMENT (hereinafter the “Release Agreement”)

BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF THE OCCUPIERS LIABILITY ACT OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT PLEASE READ CAREFULLY!

This Release Agreement Shall Apply to All Future Participation in YEG Ice Activities

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TO: YEG ICE, OFFBEAT ENTERTAINMENT INC.; and their respective directors, officers, employees, instructors, assistant instructors, guides, leaders, members, trip leaders, volunteers, agents, independent contractors, subcontractors, representatives, successors and assigns, participants and organizations participating in or connected with the YEG Ice as defined below (hereinafter collectively referred to as the “RELEASEES”).

DEFINITIONS

In this Release Agreement, the term "YEG Ice Activities" shall include all activities, accommodation, transportation, events and services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include but is not limited to: mountaineering, rock climbing, bouldering, skiing; snowboarding, snowmobiling, trail running, hiking, ice climbing, trekking, snowshoeing and other forms of travel; rental or use of skis, snowboards, fat bikes, climbing equipment and other equipment; demonstrations; orientational and instructional courses; loading, unloading and travel by or movement in or around helicopters, snowcats, snowmobiles, fixed wing aircraft, watercraft and motor vehicles; and other activities, events and services in any way connected with or related to the foregoing.

ASSUMPTION OF RISKS - CLIMBING, OUTDOOR ACTIVITIES, WEATHER,

In consideration of YEG Ice allowing me to use the climbing complex, I hereby acknowledge that I am aware of the significant risks associated with the participation in programs, my use of the facilities, the sport of rock climbing and my use of the climbing complex (INCLUDING THE RISK OF SEVERE OR FATAL INJURY TO MYSELF OR OTHERS). I am aware that the facility is outdoors and poses additional risks associated with exposure to the elements. These risks include, but are not limited to:

• All injuries, including but not limited to: bruises, scrapes, cuts, sprains, dislocations, broken bones, and head, facial or dental injuries which might result from falling and hitting the floor, climbing wall faces, protruding holds or ledges, wall supports, any other temporary or permanent fixture, or other climbers.

• Rope abrasion, entanglement and other injuries resulting from activities such as climbing, belaying, rappelling, rescue systems and any other rope technique.

• Injuries resulting from failure of ropes, slings, harnesses, climbing hardware, anchor points or any part of the climbing structure.

• Injuries resulting from dropped items such as climbing hardware, ropes, holds, or falling climbers.

• Cuts and abrasions resulting from skin contact with climbing panels and various holds, ledges, edges and any fixtures, including injuries to the joints and knuckles of my hands.

• Injury or death due to negligence on the part of myself, my training/climbing partner, or other people around me.

• Injury or death due to improper use/ failure of equipment or falling in any way.

I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH PARTICIPATION IN ACC ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.

RELEASE OF LIABILITY AND WAIVER OF CLAIMS

In consideration of THE RELEASEES allowing me to participate in YEG Ice Activities, I hereby agree as follows:

TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE RELEASEES and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer or that my next of kin may suffer as a result of my participation in YEG Ice Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER ANY APPLICABLE OCCUPIERS LIABILITY LEGISLATION ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN YEG ICE ACTIVITIES.
This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province or Territory in which the YEG Ice Activities take place and no other jurisdiction; and
Any litigation involving the parties to this Release Agreement shall be brought solely within the Province or Territory in which the YEG Ice Activities take place and shall be within the exclusive jurisdiction of the Courts of that Province or Territory.

In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in YEG Ice Activities, other than what is set forth in this Release Agreement.

I CONFIRM THAT I HAVE READ THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATOR, ASSIGNS AND REPRESENTATIVE MAY HAVE AGAINST THE RELEASEES. I ACKNOWLEDGE THAT THIS RELEASE AGREEMENT SHALL APPLY TO ALL FUTURE PARTICIPATION IN ACC ACTIVITIES.

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First Participant's Name

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I understand that it is my personal responsibility to consult with my physician prior to my participation in any programs or prior to participating in YEG Ice Activities. I also understand that if at any time during any programs, or when receiving any instruction, if I feel discomfort or strain it is my responsibility to cease the activity and consult with my physician. I understand that YEG Ice reserves the right to refuse admission to anyone that YEG Ice think may pose a health risk to themselves or to others. I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any program at YEG Ice.*

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Identifiable photographers will take photographs and videos on the premises, including users within the facility. If photographers are taking photographs/videos of the participant, consent is implied unless otherwise declared. If the participant does not consent to being photographed/videoed, they must communicate that with the photographer as the photographs/videos are being taken. Otherwise, consent can be revoked at any time by contacting YEG Ice. The photographs/videos taken can be used by YEG Ice in any publication (commercial or otherwise), including, but not limited to, social media posts, printed posters, websites, and large banners/billboards. The photographs/videos can be edited or copied and the right to inspect or approve the finished product where the individual’s likeness appears is waived. The photographs/videos can be taken without payment or any other consideration.*

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No Photography Consent

Emergency Contact

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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.

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 Guardian's Name

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Electronic Signature Consent*

By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. 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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