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RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

AKNOWLEDGEMENT AND ASSUMPTION OF RISK

I am aware that rock climbing, indoor sport climbing, top-rope/lead/auto-belay climbing, bouldering, ninja warrior, obstacle courses, parkour, slacklines, high-line, zip-lines, fitness training and all instructional and coaching sessions (hereinafter collectively known as “the ACTIVITIES”), involve many risks, dangers and hazards which include, but are not limited to: Injury as a result of falling, slips, trips, falls and/or collisions while using climbing walls, bouldering areas, ninja courses, obstacle courses, washrooms, change rooms, showers, locker room, coat room, stairs, exists and entrances, and any other spaces, equipment and facilities inside the gym and/or parking and sidewalk facilities outside the gym and other facilities or equipment existing now or in the future (“the FACILITIES”); misuse of equipment or facilities; loose or damaged climbing holds, worn or defective ropes, slings, quick draws, anchor points and hardware, and belay devices; abrasion from or entanglement with ropes, hanging elements or equipment; your physical strength, conditioning, health, coordination, sense of balance, and ability to follow or give directions while participating in the Activities; poor decision making by you, your climbing partners, your belayers, and the presence, actions (including mistakes), or falls of other climbers, belayers, participants and observers; failure to act safely or within your own ability or within designated areas prior to or after receiving proper instruction from staff, and/or other persons from Aspire Climbing Inc. or Aspire Franchising Inc., as the case may be (“Aspire”).

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


 

In consideration of engaging in the Activities and admission and/or memberships at Aspire or any franchisees of Aspire Franchising Inc. and the use of the Facilities and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I hereby agree as follows:

TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future to Aspire, and each of its shareholders, directors, officers, employees, agents, representatives, independent contractors, subcontractors, sponsors, successors and assigns (hereinafter collectively known as “the RELEASEES”) and to these 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 resulting from either my use of or my presence in the FACILITIES or travel due to any negligence or cause whatsoever;

I AGREE 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 use of or presence on the facilities.


 

I agree this 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 Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario and no other jurisdiction. Any litigation involving the parties to this Agreement shall be brought solely within the Province in which this facility is located and shall be within the exclusive jurisdiction of the Courts of such Province.


 

I AGREE TO ABIDE BY ALL THE RULES WHILE USING THE FACILITIES:

  • I will not consume any alcohol or any other substance which would impair my senses or judgement prior to or while using the facilities of Aspire.
     
  • I will not top-rope climb, lead climb, auto-belay climb and/or boulder on any climbing wall and/or bouldering wall until I have completed the pre-requisite top-rope belay test, lead test, auto-belay orientation and/or bouldering orientation, as the case may be.
     
  • When climbing top-rope or lead, I will always tie directly into my climbing harness through correct tie-in points with a figure-8 follow-through knot and a double fisherman’s keeper knot, unless during competition events where double locking carabiners are used to secure into the belay loop.
     
  • I assume full responsibility for my choice in belayers. For top-roping, I understand that Aspire provides ropes, anchors and belay devices but will not be responsible for poor judgment by an ill-chosen belayer.
     
  • All lead climbing may only be performed with an approved, brake-assisted belay device which includes; Petzl GriGri’s, Madrock Lifeguard and Edelrid Ohm.
     
  • I will only belay when knowledgeable and experienced at belaying. I will not lead climb or belay lead climbers until certified by Aspire. When lead climbing, I will not skip clips and will provide and assume full responsibility for the safety and integrity of the rope and belay device when I lead or belay lead climbers.
     
  • I will not use the Ninja course or parkour obstacles until I have completed the Ninja Orientation and necessary training to access these areas.
     
  • During special events, headlight climbing may be permitted. During such events, participants assume responsibility for risk associated with low-light activities.
     
  • I understand that climbing privileges will be revoked in the event that I engage in any activity deemed unsafe by the staff.
     
  • I will not hold Aspire responsible for any lost or stolen personal belongings.
     
  • All climbers must promptly report any equipment defects, unsafe situations, or accidents.
     
  • Formal or informal teaching or coaching of individuals or groups, including but not limited to top-rope belaying, lead belaying, technical skills, or exercises may only be performed by Aspire staff, except by special arrangement. In such event, Aspire assumes no responsibility for lessons taught by others.


 

I HAVE CAREFULLY READ THIS ENTIRE AGREEMENT AND FULLY UNDERSTAND IT. I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS AND I SIGN IT FREELY ON MY OWN FREE WILL.

April 19, 2024

First Participant's Name

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Second Participant's Name

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

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Fourth Participant's Name

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Fifth Participant's Name

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Sixth Participant's Name

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Seventh Participant's Name

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

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

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Tenth Participant's Name

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Parent(s) or Court-Appointed Legal Guardian(s) must sign below for minor(s) 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.
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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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