RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT BY SIGNING THIS AGREEMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ CAREFULLY!
TO: TOPROCK CLIMBING LTD
I am aware that rock climbing, indoor gym climbing, sport climbing, rappelling, toprope climbing, auto belay climbing, bouldering, caving, belaying, yoga, slacklining, and all coaching and instructional classes (hereinafter collectively referred to as “the activities”) involve many risks, dangers and hazards including, but not limited to: falling, mechanical failure of the equipment; loss of balance or control; variable and difficult climbing conditions; collision with walls, climbing holds, exposed or hidden structural supports or beams, or the floor; rope abrasion, entanglement and other injuries resulting from activities on or near the climbing wall such as, but not limited to climbing, belaying, rappelling, lowering on ropes, rescue systems and other rope techniques; Injuries resulting from falling climbers or dropped items, such as, but not limited to ropes, shoes, auto belays, climbing hardware or wall parts; failure of ropes, harnesses, slings, climbing holds, anchor points, or any part of the climbing wall; collision with other equipment or structures; collision with other persons; illness or trauma; the proximity of medical care which may or may not be readily available; the failure to act safely or within one’s own ability or to stay within designated areas; negligence of other climbers and/or other persons; and negligence on the part of Toprock Climbing LTD or its staff, including the failure on the part of Toprock Climbing LTD or its staff to safeguard or protect me from the risks, dangers and hazards of the activities.
I AM AWARE AND UNDERSTAND THE RISKS, HAZARDS AND DANGERS ASSOCIATED WITH THE ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, HAZARDS, AND DANGERS ASSOCIATED WITH THE ACTIVITIES AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.
In consideration of Toprock Climbing LTD accepting my application for admission and/or membership, and permitting my use of its gym facilities, lockers, washrooms, change rooms, fitness rooms, training areas, games areas, belay equipment, auto belay equipment, ropes, harnesses, climbing shoes, grigris, free weights and exercise equipment, bouldering areas, bouldering cave, top-rope climbs, lead climbing routes, mezzanine, and any other facilities in the gym or the parking facilities outside of the gym (hereinafter referred to as "the facilities"), I hereby agree as follows:
I AGREE TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against Toprock Climbing LTD, and its shareholders, directors, officers, employees, agents, representatives, independent contractors, subcontractors, sponsors, successors, representatives and assigns (collectively, 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 resulting from my participation in activities at or use of the Facilities due to any cause whatsoever, including negligence, breach of contract, mistakes or errors in judgment, or from injuries resulting from mechanical breakdown or failure of equipment, or poor design or placement of any equipment, or breach of any statutory or other duty of care on the part of the Releasees, and also including the failure on the part of the Releasees to safeguard or protect me from the risks mentioned above. 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 participation in activities at or use of the Facilities.
I agree that this Agreement shall be effective and binding on my heirs, next of kin, executors, administrators, assigns and representatives in the event of my death or incapacity, and that this Agreement shall be governed and interpreted solely by the laws of the Province of Ontario, with any litigation with respect hereto to be brought solely within the exclusive jurisdiction of the courts of the Province of Ontario. I agree to abide by the following rules while using the Facilities:
A) I will not consume any alcohol or other substance which would impair my senses or judgment prior to or while using the Facilities.
B) When climbing auto belay climbs, I will always wear a climbing harness for which I will assume all responsibility for putting on and fastening correctly and safely. I will always fasten the auto belay carabiner directly to my harnesses hardpoint.
C) I will only boulder in the designated bouldering areas. I will not top out or climb over top of the boulder walls at any time.
D) I will not use an auto belay device until trained by a Toprock Climbing LTD staff member.
E) If I provide my own climbing harness, I will assume full responsibility for its safety and integrity
F) I understand that my climbing privileges will be revoked in the event that I engage in any activity deemed unsafe by the Toprock Climbing LTD staff.
G) I will promptly report any equipment defects, unsafe situations or accidents that I become aware of.
H) I will not conduct any formal teaching of groups or paid coaching of individuals, except by express permission of Toprock Climbing LTD..
I) I will not hold Toprock Climbing LTD responsible for any lost or stolen personal belongings.
J) I will not engage in any activities that may damage Toprock Climbing property. I will be responsible for the cost of repairs to any damages incurred by me.
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. I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS.
Date: January 24, 2020