Climbing, hiking and rappelling are dangerous activities. The recreational trails and rock climbing at Kinnaird Bluffs (defined below) require specialized skill, training, judgment and equipment.
I understand that by signing this release, I will give up or waive certain legal rights, and the rights of my estate and those who might claim on my behalf, including the right to sue or claim compensation should I be injured or killed. I hereby certify, represent and warrant that I have adequate skills, training, judgement and equipment to safely undertake all activities which I will undertake or perform at Kinnaird Bluffs.
PLEASE READ CAREFULLY!
To: The Association of West Kootenay Rock Climbers (hereinafter referred to as “TAWKROC”) and its officers, employees and agents (all of whom are hereinafter collectively referred to as the “Releasees")
1. Kinnaird Bluffs means: land legally described as District Lot 12359, Plan NEP22831 Lot 4.
2. TAWKROC means The Association of West Kootenay Rock Climbers (TAWKROC) and its officers, employees and agents.
ASSUMPTION OF RISKS
I am aware that dangerous conditions exist at Kinnaird Bluffs. Dangerous conditions may include but are not limited to:
- Steep, unmarked, uneven, slippery, icy and loose trails with no hand rails;
- Loose and hazardous rock on trails and cliffs;
- Unmarked and unprotected cliffs;
- Rockfall, insecure and falling rock, ice and trees, tree branches, falling climbing equipment, ice and snow;
- Anchors and bolts which may not have been properly placed by qualified individuals and which are not monitored for safety. I accept full responsibility for testing and inspection of all such devices. I voluntarily accept the entire risk involved in using such devices.
- Conditions, circumstances and dangers not known or anticipated by me.
I voluntarily assume all risks arising from my activities at, use of and presence at Kinnaird Bluffs, including all risk of injury and death, from any cause whatsoever.
I am aware of and freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property loss or damage resulting therefrom.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
In consideration of being permitted access to Kinnaird Bluffs, 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, my heirs, successors, executors, administrators, representatives and assigns now have or may in the future have against the Releasees arising from or associated with my use of or presence at Kinnaird Bluffs.
2. TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury or death that I may suffer, as a result of my use or presence at Kinnaird Bluffs due to any cause whatsoever, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY, COMMON LAW OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT R.S.B.C.1996, Chapter 337.
3. NOT TO SUE OR COMMENCE ANY LEGAL PROCEEDINGS against the Releasees in respect of any loss, damage, injury or expense that I may sustain as a result of my use of or presence at Kinnaird Bluffs.
4. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability (including any award of damages, costs and expense, including any legal fees at the rate charged by the lawyers acting for the Releasees) for any damage to property of, or personal injury to, any third party, resulting from my use of or presence at Kinnaird Bluffs.
5. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability, damages, cost and expense, including legal fees at the rate charged by the lawyers acting for the Releasees, in the event that any legal proceeding is commenced against the Releasees seeking compensation for any loss, damage, injury or expense that I may sustain as a result of my use of or presence at Kinnaird Bluffs.
6. This agreement shall be effective and binding upon myself and my heirs, successors, executors, administrators, representatives and assigns in the event of my death or incapacity.
7. In entering into this agreement, I am not relying upon any oral or written representations or statements made by the RELEASEES other than as set forth in this Release and Agreement. No subsequent modification of this document shall be effective as against the Releasees unless reduced to writing and signed by both parties.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN RIGHTS WHICH I OR MY HEIRS, SUCCESSORS, EXECUTORS, ADMINISTRATORS, REPRESENTATIVES AND ASSIGNS MAY HAVE OR MAY HEREAFTER ACQUIRE AGAINST THE RELEASEES.
Today's Date: May 28, 2020