I have been offered a copy of this Release Agreement and I have been advised to read it carefully.
I agree that this agreement is valid for 12 months from the date of signing it, unless otherwise mentioned below.
I UNDERSTAND THAT INDOOR ROCK CLIMBING, AND/OR USING ANY FACILITIES FOR ANY PURPOSE DURING THE SESSION DATES SET OUT BELOW (THE “ACTIVITY”) AT BEYOND THE CRUX CLIMBING GYM INC., LOCATED AT #5-685 FINNS RD, KELOWNA, BRITISH COLUMBIA, V1X 5B7 (THE “PREMISES) CAN BE HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY OR DEATH.
I understand that the use of the term “Releasees” (or individually, a “Released Party”) in this Release Agreement refers to Beyond the Crux Climbing Gym Inc., all registered owners of the Premises, all lessors and lessees of the Premises, and each of their respective insurance companies, successors in interest, affiliates, agents, employees, representatives, assignees, officers, directors and shareholders.
1. ASSUMPTION OF RISK
I am aware and understand the Activity may involve inherent risks, dangers and hazards, that include, but are not limited to: loss of balance; falls; slips; collisions with rock climbing walls or other people; tangling and/or getting caught in rope; improper use or maintenance of equipment; negligence or gross negligence on the part of any Released Party or other participants, including their failure to take reasonable steps to safeguard or protect me from the risks, dangers, and hazards of the Activity, and/or mental distress from any of the above.
RECOGNIZING THESE RISKS AND DANGERS, I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS, AND HAZARDS, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.
2. RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees agreeing to the participants participation in the Activity and permitting the use of their equipment, parking and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I AGREE TO WAIVE ANY AND ALL CLAIMS AGAINST AND TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND AGREE NOT TO SUE all Releasees FOR ANY INJURY, INCLUDING DEATH, LOSS, PROPERTY DAMAGE OR EXPENSE, WHICH THE PARTICIPANT MAY SUFFER, ARISING IN WHOLE OR IN PART OUT OF THE ACTIVITY, DUE TO ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE, GROSS NEGLIGENCE OR BREACH OF ANY CONTRACT AND/OR EXPRESS OR IMPLIED WARRANTY OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING IN BRITISH COLUMBIA ANY DUTY OF CARE UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C. 337. I UNDERSTAND THAT NEGLIGENCE AND GROSS NEGLIGENCE INCLUDES FAILURE ON THE PART OF ANY RELEASED PARTY TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT THE PARTICIPANT FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITY.
I FURTHER AGREE TO DEFEND, HOLD HARMLESS AND INDEMNIFY EACH RELEASED PARTY FOR ALL LIABILITY AND CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DAMAGES, JUDGMENTS, LOSSES, COSTS AND EXPENSES INCLUDING REASONABLE LEGAL FEES SUFFERED OR INCURRED BY ANY RELEASED PARTY, WHETHER ARISING IN WHOLE OR IN PART FROM MY PARTICIPATION IN THE ACTIVITY OR FROM ANY ACTION OR MISREPRESENTATIONS OR FRAUDULENT EXECUTION OF THIS RELEASE AGREEMENT.
3. GOVERNING LAW
I agree that any and all claims for injury, death and/or loss regarding an alleged incident shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and all disputes and claims arising out of this Release Agreement will be referred to the courts of the Province of British Columbia.
If any portion of this Release Agreement is found to be void or unenforceable, the remaining portions of this Release Agreement will remain in full force and effect.
I acknowledge in entering this Release Agreement I am not relying on any oral or written representations or statements made by any Released Party with respect of the safety of the Activity, other than what is set forth in this Release Agreement.
I certify I am of the age of nineteen (19) or older.