I may need to present Photo Identification to validate this waiver form during my first facility visit.
TODAY'S DATE: December 6, 2023
RELEASE OF LIABILITY, WAIVER OF CLAIMS,
ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
(hereinafter the “Release Agreement”)
BY SIGNING THIS RELEASE AGREEMENT 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!
TO: TOWN OF CANMORE, and its directors, officers, employees, instructors, assistant instructors, members, guests, volunteers, agents, independent contractors, subcontractors, representatives, successors and assigns and any other person or organization participating in or connected with the activities at Elevation Place and/or the Canmore Recreation Center (hereinafter collectively referred to as the “RELEASEES”).
DEFINITION – RECREATION ACTIVITIES
In this Release Agreement, the term “Recreation Activities” includes all activities, services, use of facilities, programs, orientations and instructional sessions, classes and clinics, events and other activities associated with the Canmore Recreation Centre and Elevation Place, whether as a participant or spectator, including the following specific services and activities:
CLIMBING - climbing; rappelling; belaying; participating in or spectating at competitions, demonstrations, orientations and instruction sessions, seminars and courses; use of equipment, including but not limited to ropes, harnesses, slings, anchor points, climbing holds, or any other equipment.
FITNESS – fitness training, classes and clinics, aquatic centre use and other related activities.
AQUATIC – use of the swimming pool, participation in instruction sessions, water play, swimming, classes and clinics, and third party facility rentals, and other related activities.
SKATING – use of the arena, participation in public skating sessions, drop-in programs, classes and clinics, and third party facility rentals and other related activities.
ASSUMPTION OF RISKS
I am aware that Recreation Activities involve risks, dangers and hazards including the risk of serious personal injury. These risks, dangers and hazards include, but are not limited to: slips, trips and falls, cuts, abrasions; failure of equipment including ropes, harnesses, slings, anchor points, climbing holds, automatic belay systems, flotation devices, personal equipment, or any other equipment associated with or related to Recreation Activities; failing to engage in Recreation Activities safely or within one’s own ability; loss of balance; overexertion or lack of fitness or conditioning; shock, stress or other injury to the body; defective, dangerous or unsafe condition of the facilities used for Recreation Activities; drowning, allergic reaction to chemicals used in the facilities; infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact; unsafe actions of other facility users. I understand that I am responsible to inspect my equipment and to ensure proper fit and its compatibility with Recreation Activities. I understand that should I choose not to wear a helmet that the risk of injury may be increased during certain Recreation Activities. I understand that negligence includes the 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 Recreation Activities. Many of the Recreation Activities are unsupervised. I understand that it is my responsibility to learn about and understand the risks, dangers and hazards of participating in Recreation Activities and accept the risks associated with my participation.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH RECREATION 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, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the RELEASEES allowing me to participate in Recreation Activities and permitting my use of their climbing walls, fitness facilities, arenas, and equipment and other facilities, and for other good and valuable consideration, I hereby agree as follows:
1. 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 Recreation Activities or my use of or presence in the facilities, operated by the Releasees, 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 THE OCCUPIERS’ LIABILITY ACT, R.S.A. 2000, c.0-4, ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN RECREATION ACTIVITIES REFERRED TO ABOVE;
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property of or personal injury to any third party, resulting from my participation in Recreation Activities;
3. 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;
4. 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 Alberta and no other jurisdiction; and
5. Any litigation involving the parties to this Release Agreement shall be brought solely within Alberta and shall be within the exclusive jurisdiction of the Courts of Alberta.
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 Recreation Activities other than what is set forth in this Release Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
PLEASE NOTE THAT AS PART OF THE WAIVER COMPLETION PROCESS A PHOTO WILL BE TAKEN OF THE PERSON COMPLETING THIS FORM AT THE ONSITE KIOSKS.