In consideration of the use of the climbing walls, equipment, and any of the facility of Coulee Climbing (hereinafter referred to as “the Climbing Centre”), I or my child hereby release, waive, and discharge the Climbing Centre, their affiliates, members, officers, directors, shareholders, employees, coaches, instructors, volunteers, agents, independent contractors, the landlord/owner of the buildings, the designers and engineers, manufacturers, installers and distributors of the Climbing Centre artificial climbing walls and other equipment, and any of their respective members, officers, directors, employees, agents, or representatives, or any one or more of them (collectively, the “Released Parties”) from any and all liability, actions, causes of action, suits, debts, statutory obligations, sums of money, claims and demands of every nature and kind whatsoever, at law or in equity, which I/ or the Minor ever had, now have, or which I/ or the Minor may at any future time have against the Released Parties, or any one or some of them, arising out of or in any way connected with my/ or the Minor’s participation in any activity at the Climbing Centre, including claims that allege negligent acts or omissions of the Released Parties, or claims arising from any statute, including, without limitation, the Occupiers’ Liability Act, R.S.A. 2000, c. O-4 (collectively, the “Claims”).
Definitions: In this Agreement the term “Climbing Activities” shall include all activities at Coulee Climbing. These include activities in any way related to indoor wall climbing including (but not limited to) bouldering, weights area, mezzanine, stairwell, cafe/viewing area and all schooling and instructional sessions at Coulee Climbing. The term “Climbing Equipment” shall include (but not be limited to) ropes, harnesses, slings, bolts, climbing and construction tools, tape, climbing holds, ladders, climbing panels and features, climbing crash mats.
- I/my child are competent to make any determination respecting my participation in Climbing Activities at Coulee Climbing. I am aware that at all times it is my sole responsibility to assess whether I am physically and mentally capable of participating in Climbing Activities.
- I/my child are aware of the inherent risks and hazards associated with my participation in Climbing Activities. I assume the risk and responsibility of these risks and hazards. Some risks and hazards include (but are not limited to):
The risks of not wearing a helmet while participating in climbing activities. I/my child are assuming the hazard of this risk upon myself. I/my child realize I/them are subject to injury from this activity if I/them do not wear a helmet and that no form of preplanning can remove all of the danger to which I/them am exposing myself. I/my child are aware that choosing not to wear a helmet could lead to injuries (including death) in the event of an accident. The risks of injury (including death) of falling objects and/or Climbing Equipment, and/or other climbers. I/my child assume the risk injury (including death) due to Climbing Equipment failure (whether personal, or owned by Coulee Climbing) The risks of injuries (including death) associated with falling into/onto climbing mats, climbing features, ropes, anchor points, or other climbers from any height.
- Without limitation, I/my child are aware that my participation in Climbing Activities involves a risk of personal injury (including death), and damage to my personal property and to the personal property of others, and I/my child are specifically aware that participation could result in physical and mental injury to me or another person. I/my child agree to assume all risk for all injuries (including but not limited to death) to myself or others, and/or all damage or loss of my or a third party's personal property that may result from my participation in Climbing Activities at Coulee Climbing. I/my child are aware that the use of the Climbing Centre has inherent dangers and accept same entirely at my/ or the Minor’s own risk. I/my child understand that the risks associated with that use include, but are not limited to:
(a) All manner of injury, including but not limited to bruises, scrapes, cuts, sprains, strains, dislocations, broken bones, and head, facial, or dental injuries, resulting from falling while using the climbing walls and impacting against climbing wall faces, protruding ledges, wall supports, any floor or padded flooring, or any other permanent or temporary fixture, or other persons;
(b) Injuries or death resulting from the actions or omissions of others, including but not limited to falling climbers or dropped items such as (but not limited to) ropes, climbing hardware, wall parts, holds, or personal effects;
(c) Cuts and abrasions resulting from skin contact with climbing panels and various holds, ledges, edges and any fixture, including injuries to the joints and knuckles of the hands;
(d) Failure or misuse of ropes, slings, harnesses, holds, anchor points, other climbing equipment, or any part of the climbing walls;
(e) Injury or death due to improper use of equipment;
(f) Failure to follow the instructions of the staff of the Climbing Centre or failure to ask for information or assistance.
- I/my child are solely responsible for my decision to participate in Climbing Activities and to sign this waiver. I/my child have not been persuaded or influenced in any way to participate in Climbing Activities or to sign this waiver. No representations or warranties have been made to me regarding any matter, including but not limited to, the risks, hazards, conditions or nature of rappelling off the building, or regarding my abilities to participate in Climbing Activities at Coulee Climbing.
- I/my child agree that the Released Parties are not responsible in the event of loss, damage, unauthorized use, theft, or injury resulting from and to any personal property that I or the Minor bring onto the premises of the Climbing Centre. I/my child understand that the Climbing Centre has general rules and equipment-specific rules. I/my child understand that general and equipment-specific rules are posted in the facilities of the Climbing Centre.
I/my child HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I/my child HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS.
Date Signed: January 27, 2020