WARNING: BY SIGNING THIS AGREEMENT, YOU WILL GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE TO RECOVER COMPENSATION FOR ANY ACCIDENT, INJURY, LOSS OR DEATH TO YOURSELF/ OR THE MINOR, OR ANY DAMAGE/LOSS TO YOUR/ OR THE MINOR’S PROPERTY ARISING OUT OF YOUR/ OR THE MINOR’S PRESENCE AT AND USE OF THE BOLDER CLIMBING WALLS, EQUIPMENT, OR ANY OF THE FACILITIES AT BOLDER CLIMBING COMMUNITY.
Participants under 18 years of age require the witnessing and signature of a Parent or legal guardian to this document before being allowed to use the BOLDER CLIMBING COMMUNITY facilities.
I understand that it is my personal responsibility to consult with my physician prior to my participation in any fitness programs or prior to receiving any instruction at BOLDER CLIMBING COMMUNITY.
I also understand that if at any time during any fitness programs, or when receiving any instruction, if I feel discomfort or strain it is my responsibility to cease the activity and consult with my physician. I understand that BOLDER CLIMBING COMMUNITY reserves the right to refuse admission to anyone that BOLDER CLIMBING COMMUNITY think may pose a health risk to themselves or to others. I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any fitness program at BOLDER CLIMBING COMMUNITY.
ACKNOWLEDGMENT OF RISKS: I ACKNOWLEDGE THAT THE FOLLOWING DESCRIBES SOME, BUT NOT ALL THE RISKS OF USING THE BOLDER CLIMBING COMMUNITY FACILITIES:
Slips, trips, falls or painful crashes while using the facilities or equipment, bouldering areas, landing pits, floors below bouldering areas, work-out areas, bathroom facilities, or stairs. Risk associated with crossing, climbing, or down-climbing. Misuse of equipment or facilities, or failure of equipment. The risk that my health and physical strength, coordination, sense of balance, and ability to follow or give directions while climbing, spotting, or working out may not be sufficient to practice safely the sport of indoor rock climbing/bouldering. Abrasion from or entanglement with fixtures, walls, holds and equipment. The presence, actions or falls of other participants be they accredited climbers or not.
I understand the description of these risks is not complete and that other unknown or unanticipated risks may result in injury, illness, or death.
I hereby acknowledge and agree to the following:
In consideration of the use of the climbing walls, equipment, and any of the facilities of BOLDER CLIMBING COMMUNITY, I hereby release, waive, and discharge the BOLDER CLIMBING COMMUNITY, 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 BOLDER CLIMBING COMMUNITY’S 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 BOLDER CLIMBING COMMUNITY, 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”).
I agree to indemnify and/or totally compensate the Released Parties from and against all Claims arising as a result of my or the Minor’s participating in any activity at or on the premises of the BOLDER CLIMBING COMMUNITY, including, without limitation, use of the climbing walls, equipment and facilities. I agree to pay for all legal fees that are incurred as a result of any Claims made by me or on my
behalf, or on the Minor’s behalf, or that are otherwise related to or caused by my or the Minor’s actions or inactions.
I understand that by signing this Agreement, I am giving up the right to sue or make any Claim against the Released Parties on my behalf or on behalf of the Minor, and that this Agreement shall be binding on the heirs, executors, administrators, assigns, and personal representatives of myself or the Minor.
If any portion of this Agreement is held invalid, I agree that the remainder of the Agreement shall remain in full legal force and effect.
I appreciate that this Agreement applies whether the Released Parties are at fault or not and it limits the liability of all of the Released Parties, notwithstanding that not all of the Released Parties are formal parties to this Agreement. I understand that each of the Climbing Centres, in securing execution of this Agreement by myself or by myself on behalf of the Minor, is acting as agent or trustee on behalf of or for the benefit of the Released Parties, who shall to this extent be or be deemed to be parties to this Agreement.
I am aware that the use of the BOLDER CLIMBING COMMUNITY facilities has inherent dangers and accept same entirely at my/ or the Minor’s own risk. I 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), 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 holds, anchor points, other climbing equipment, or any part of the climbing walls;
e) Injury or death due to improper use of equipment or spotter error;
f) Failure to follow the instructions of the staff of the BOLDER CLIMBING COMMUNITY, or failure to ask for information or assistance.
I acknowledge that the above list is not inclusive of all possible risks associated with the facilities of the BOLDER CLIMBING COMMUNITY and climbing and in no way limits the extent or reach of this assumption of risk, release of liability, and indemnification. I understand that no amount of care, caution, instruction or expertise can eliminate the inherent dangers associated with these activities.
If executing this Agreement on behalf of the Minor, I acknowledge and agree that the Minor’s presence at and use of the BOLDER CLIMBING COMMUNITY has inherent dangers, including but not limited to the risks listed above, and that I have read to the Minor the above risks and initialed this section on behalf of the Minor.
I 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 BOLDER CLIMBING COMMUNITY.
I understand that the BOLDER CLIMBING COMMUNITY has general rules and equipment-specific rules. I understand that general and equipment-specific rules are posted in the facility of the BOLDER CLIMBING COMMUNITY.
I agree that I will read and ensure that I understand the rules of the BOLDER CLIMBING COMMUNITY, or that I will read to the Minor and ensure that the Minor understands the rules of the BOLDER CLIMBING COMMUNITY, and that I/ or the Minor will abide by those rules, as well as others posted throughout the BOLDER CLIMBING COMMUNITY.
In consideration of being allowed to participate in using the facilities and participating in activities at BOLDER CLIMBING COMMUNITY, the undersigned agrees that:
- I have not travelled outside of Canada in the past 14-days.
- I have not had unprotected exposure without approved personal protective equipment (PPE) to anyone with MRSA, influenza, and/or COVID-19 symptoms, or anyone who has tested positive for MRSA, influenza, and/or COVID-19 in the past 14-days.
- I have not had any MRSA, COVID-19, influenza, or MRSA, COVID-19 and influenza-like symptoms in the past 14-days.
In consideration of being allowed to participate in using the facilities and participating in activities at BOLDER CLIMBING COMMUNITY, the undersigned acknowledges, understands and agrees that:
- Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,
- I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
- I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe and any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest BOLDER CLIMBING COMMUNITY employee or representative immediately; and,
- I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Bolder Climbing Inc their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
I have read and understood this Agreement and am executing this Agreement freely and voluntarily without any compulsion on the part of the Released Parties. I understand that this Agreement contains a promise not to sue the Released Parties and provides for a release and indemnity for all Claims.
Intending to be legally bound, I have signed this Agreement on this day December 5, 2020