RISK WARNING: There are significant elements of risk in any sport or activity relating to: rock gym, climbing wall, bouldering area, and fitness regiments and equipment (collectively referred to as “Project Bouldering Inc.” operating as “Boulder Parc”). Although we have taken the responsible steps to provide you with the appropriate/skilled instructors, we must remind you that the activity here is not without risks and certain risks cannot be eliminated without destroying the uniqueness of the activity. The same elements that contribute to the uniqueness of the activity can cause loss of damage to your property or result in accidental illness/injury or in extreme cases, permanent trauma or death.
FROM: PARENT/ LEGAL GUARDIAN
In consideration of the Company allowing the minor listed below whom I am the Parent or Legal Guardian to (my “child”) attend its indoor wall climbing and recreational facility located at 1415 Morningside Avenue Unit #2, Scarborough, Ontario, and to participate in and/or observe the activities available at the facility including, but not limited to, climbing walls up to 17 feet high, roped climbing, yoga, crossfit training, bouldering as well as activities that may take place off the premises (collectively as “Activities” and for other good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, I on behalf and on behalf of my Child and our respective heirs, next of kin, executors, administrators, assigns and representatives (collectively as “Legal Representatives”) covenant and agrees as follows.
ACKNOWLEDGEMENT OF RISKS
Injuries resulting from: slips, trips, falls, or painful crashes from using the facilities, or equipment, climbing wall, bouldering area, lounge-area, fitness studio, climbing area, work-out area, bathroom/change room facilities or stairs;
Injury resulting from the fall of other persons who may come in contact with me or from any falls which I may come into contact with other persons;
Injuries resulting from accidental or improper belaying;
Injuries that occur from negligence or improper training;
The risk that my health and physical strength, coordination, sense of balance, and ability to follow or give instructions while climbing, belaying or working-out may not be sufficient to practice safely the sport of indoor rock climbing;
Fatigue, chill and/or dizziness, which may diminish my/our reaction time and increase the risk of injury;
Abrasion from or entanglement with ropes and equipment or coming into contact with any walls or structures; or
Improper landing on bouldering mats resulting in severe injury to the arms, legs, back and neck
RELEASE OF LIABILITY, WAVIER OF CLAIMS AND INDEMNITY AGREEMENT: In consideration of Boulder Parc accepting my application for admission and/or membership and permitting my use of the facilities, washrooms, changerooms, party rooms, toddler rooms, lounge area, top-rope walls, harnesses, climbing shoes, chalk bags, ropes, belay devices, locking carabiners, bouldering walls, training area, slacklines and any other spaces, equipment and facilities inside the gym or parking facilities outside of the gym (here in after collectively known as “the facilities”), Ion behalf of my child hereby agree as follows:
TO WAIVE ANY AND ALL CLAIMS that I and/or my Legal Representatives have or may have in the future to Boulder Parc, and its shareholders, directors, officers, employees, agents, representatives, independent contractors, subcontractors, sponsors, successors and assigns (here in after collectively known as “the Releasees”) and TO THESE RELEASEES from any or all liability of loss, damage, expense or injury including death that I may suffer or that my next kin may suffer as a result from either my use or presence on the facilities or travel due to any cause whatsoever, including negligence, breach of contract, mistakes or errors in judgement, or from injuries resulting from mechanical breakdown or failure of equipment, or poor design or placement of any equipment, including but not being limited to ropes, carabiners, bolt hangers, and all anchors, or breach of any statutory or other duty of care, including any duty of care under the Occupiers Liability Act, R.S.O. 1990, Chapter O.2 on the part of Releasees, and also including the failure on the part of the Releasees t , safeguard to protect me from the risks, dangers and hazards of the activities referred to above;
TO HOLD HARMLESS AND INDEMNITY AND THE RELEASEES from any and all liability for any damage to property of or personal injury to any third party, resulting from my use of or presence on the facilities;
This 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;
This agreement and any rights, duties and obligations as between the parties to this agreement shall be governed by interpreted solely in accordance with the laws of the Province of Ontario and no other jurisdiction. Any litigation involving the parties to this agreement shall be brought solely within the Province of Ontario and shall be within the exclusive jurisdiction of the courts of the Province of Ontario.
By entering into this agreement, I am not relying upon any oral or written representatives or statements made by the Releasees with the respect to the safety of the activities other than what is set forth in this agreement.
This agreement shall apply to all subsequent admissions or membership renewals.
I HAVE READ AND UNDERSTAND THE ENTIRE 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, ASSIGNS, AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
AGREEMENT TO BOULDER PARC CONDITIONS: I freely accept full responsibility for my own Child’s safety and the safety of other climbers while on Boulder Parc’s premises. I agree to adhere to and assist to enforce Boulder Parc’s Safety Policies:
My Child will not consume any alcohol or any substance which would impair my sense of judgement prior to or while using the facilities of Boulder Parc.
My Child will not be permitted to top-rope climb and/or boulder on any climbing wall or any bouldering wall until I have completed the pre-requisite top-rope belay test and/or bouldering orientation.
My Child/I will always tie directly into the climbing harness when engaging with in top-roping with a figure-8 follow-through knot and a double fisherman’s keeper knot.
All top-rope must be performed with a Grigri device and locking carabiner. Roped climbers and belayers must only use equipment approved by Boulder Parc staff.
My Child/I will only belay when knowledgeable and experienced at belaying.
I assume full responsibility with my choice of belayers for my Child. For top-roping I understand that Boulder Parc provides the ropes, anchors and belay devices but will not be responsible for poor judgement by an ill-chosen belayer.
During special events, headlight climbing may be permitted. During such events, participants assume responsibility with risk associated with low-light activities.
I understand that climbing privileges will be revoked in the event that I engage in any activity deemed unsafe by the staff.
I will not hold Boulder Parc responsible for any lost or stolen personal belongings.
All climbers must promptly report any equipment defects, unsafe situations, or accidents.
Formal and informal teaching or coaching of individuals or groups, including but not limited to top-rope belaying, technical skills, or exercises may only be performed by Boulder Parc staff, except by special arrangement. In such event, Boulder Parc assumes no responsibility for lessons taught by others.
WARNING: This agreement is legally binding. By signing, I on behald of my Child give up the right to recover compensation from or against Boulder Parc through the courts or otherwise, for any damage to property, personal injury or death, whether caused by negligence, accident, or otherwise.
I oh behalf of my Child agree this 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; this agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario and no other jurisdiction. Any litigation involving the parties of this Agreement shall be brought solely within the Province in which this facility is located and shall be within the exclusive jurisdiction of the Courts of such Province.
I HAVE READ, UNDERSTAND AND AGREE THAT BOULDER PARC RESERVES THE RIGHT TO DENY ACCESS TO ITS FACILITIES TO ANY INDIVIDUAL PERMANENTLY OR FOR A SPECIFIED PERIOD OF TIME FOR ANY BREACH OF SAFETY POLICIES, OR FOR ANY CODUCT THAT IS VIEW UNSAFE OR INAPPROPRIATE.
TO PARENT OR LEGAL GUARDIAN
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTAND THIS ENTIRE AGREEMENT INCLUDING THE PRECEEDING PAGES, AND I AGREE TO BE BOUND BY ITS TERMS.
Date: July 3, 2020