TO: POWELL RIVER CLIMBING CO-OP, and its directors, officers, employees, instructors, assistant instructors, supervisors, agents, independent contractors, subcontractors, representatives, successors, assigns and members (collectively the “Releasees”)
In this agreement the term "climbing activities" shall include any activity, event or service provided, arranged, organized, conducted, sponsored or authorized by the Releasees including, but not limited to: climbing; rappelling; belaying; competitions; demonstrations; orientation and instruction sessions, seminars, workshops and courses; use of climbing and other facilities; use of climbing equipment; and all other such activities, events, services or use of facilities in any way connected with or related to the Releasees.
ASSUMPTION OF RISKS
I am aware that climbing activities involve risks, dangers and hazards including the risk of serious personal injury and death. These risks, dangers and hazards include, but are not limited to: falls, cuts, abrasions; failure of climbing and rappelling equipment including ropes, harnesses, slings, anchor points, climbing holds, or any other equipment associated with or related to climbing and rappelling; failing to climb or rappel safely or within one’s own ability; negligence on the part of instructors or supervisors or other climbers; and NEGLIGENCE 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 THE RISKS, DANGERS AND HAZARDS OF CLIMBING ACTIVITIES.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH CLIMBING 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 climbing activities and permitting my use of their climbing walls, 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 any aspect of my participation in climbing 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 THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, c. 337, 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 THE RISKS, DANGERS AND HAZARDS OF CLIMBING ACTIVITIES;
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage of, or personal injury to, any third party as a result of any aspect of my participation in climbing activities;
3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and representatives, in the event of my death or incapacity;
4. This Release Agreement shall be governed by and interpreted in accordance with the laws of the Province of British Columbia; and no other jurisdiction; and
5. Any litigation involving the parties to this Release Agreement shall be brought within the Province of British Columbia.
In entering into this Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of climbing activities, other than what is set forth in this Release Agreement.
Media Release: I consent to the taking and use of photographs or video footage of myself and/or my dependants, without compensation, for use on prclimbinggym.com, the Releasee's social media pages, in newsletters and publications for distribution to members, and promotion of future events by management, attending staff members and other media. I further understand that this consent may be withdrawn by me at anytime, upon written notice.
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.
Today's Date: March 1, 2021