TO: FLUX CLIMBING LTD. and its directors, officers, employees, instructors, coaches, volunteers, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors and assigns (all of whom are hereinafter referred to as “the Releasees”)
In this Release Agreement the term “Climbing Activities” shall include any activity, event, rental, service or use of equipment provided, arranged, organized, conducted, sponsored or authorized by the Releasees, including, but not limited to: bouldering; climbing; training; games; competitions; demonstrations; orientation; training and instruction sessions; courses and seminars; birthday and other parties; and all other such activities, services, or events in any way connected with or related to the Releasees.
ASSUMPTION OF RISKS
I am aware that Climbing Activities involve many risks, dangers, and hazards including but not limited to: serious personal injury; falls; cuts and abrasions; failure of climbing equipment including walls, flooring, climbing holds, training equipment, rentals, or any other equipment associated with or related to Climbing Activities; failure to climb or train safely within ones own abilities; infectious agents such as viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact; negligence on the part of other climbers or spectators; and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE BY THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS OF CLIMBING ACTIVITES.
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 agreeing to my participation in Climbing Activities and permitting my use of their climbing walls, services, equipment, and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, 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 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, ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONALBE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN CLIMBING ACTIVITIES REFERRED TO ABOVE;
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in Climbing Activities;
3. This Release 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;
4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely 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 solely within the province of British Columbia, and shall be within the exclusive jurisdiction of the Courts of British Columbia.
I hereby grant permission to the Releasees to take photographic or video representations of me during my participation in Climbing Activities, and to publish the photographs and video for advertising, promotional, and marketing purposes in online, print, or any other format the Releasees deem appropriate.
In entering into this Release Agreement I am not relying on any oral or written representations, statements made by the Releasees with respect to the safety of participating in Climbing Activities, other than what is set forth in this Release Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
Today's Date: October 19, 2020