WARNING: BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE
YOU MUST BE 18 YEARS OF AGE OR OLDER TO SIGN THIS AGREEMENT
PLEASE READ CAREFULLY BEFORE SIGNING
TO: Project Bouldering Inc. (operating under the trade name “Boulder Parc”)
In consideration of Boulder Parc allowing the minor listed below of whom I hereby represent and warrant that I am the parent or court-appointed legal guardian (the “Child”) to use its indoor climbing gym facility located at 2 - 1415 Morningside Ave, Scarborough, Ontario including its climbing walls, bouldering areas, training areas, activity rooms, belay equipment, ropes, Grigris, harnesses, climbing shoes, lockers, changerooms, washrooms, showers and any other facilities in the gym or the parking facilities and walkways outside of the gym (collectively, the “Facility”), I, on behalf of my Child, hereby agree, to the fullest extent permitted by law, as follows:
1. ACKNOWLEDGEMENT AND ASSUMPTION OF RISK
I understand that rock climbing, indoor bouldering, top-rope climbing, weight training, strength training, fitness training, stretching, yoga, all instructional classes and coaching sessions, observing others engaged in these activities, school and institutional sessions, and all other activities, events and services in any way connected with or related to those activities (collectively, the “Activities”) at the Facility involve many inherent risks and dangers which include but are not limited to: bumps; bruises; abrasions; cuts; collisions; falling; illness or trauma; muscle and joint sprains and strains; broken wrists, ankles, legs and other bones; mechanical failure of equipment; misuse of equipment or facilities; defective flooring; loose or damaged climbing holds; worn or defective ropes; poor decision making by my Child or other persons; lack of fitness; loss of balance or control; failure to follow instruction; negligence of other persons; and negligence on the part of Boulder Parc or its staff. I have reviewed such risks and dangers with my Child.
I understand that by participating in the Activities during a pandemic there is an inherent risk that my Child may contract the COVID-19 virus, which may result in flu-like symptoms, respiratory problems, organ failure, permanent disability or death.
I FREELY ACCEPT AND FULLY ASSUME, FOR AND ON BEHALF OF MY CHILD, ALL SUCH RISKS AND DANGERS ASSOCIATED WITH THE ACTIVITIES WHICH MAY RESULT IN PERSONAL INJURY, PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.
2. WAIVER OF CLAIMS, RELEASE OF LIABILITY AND INDEMNITY
I HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS which my Child has or may in the future have against Boulder Parc, its owners, shareholders, directors, officers, employees, coaches, instructors, contractors, subcontractors, agents, sponsors, volunteers, participants, representatives, successors and assigns (collectively, the “Released Parties”), on account of injury, illness, death, or property damage arising out of or attributable to the Activities, due to any cause whatsoever, including without limitation the negligence of Boulder Parc or any other Released Party, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation or otherwise. I covenant to make or bring any such claim against Boulder Parc or any other Released Party, and forever release and discharge Boulder Parc and all other Released Parties from liability under such claims.
I AGREE TO INDEMNIFY AND HOLD HARMLESS Boulder Parc and all other Released Parties against any and all losses, damages, liabilities, deficiencies, claims, actions, judgements, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including legal fees, in connection with any direct or third-party claim, suit, action, or proceeding in any way connected to or resulting from my Child’s presence at the Facility or the performance of the Activities, which may be brought against or suffered by Boulder Parc and/or any other Released Party including, for greater certainty, any such claims brought by or on behalf of my Child.
3. REPRESENTATIONS AND COVENANTS
I confirm that my Child will not participate in any Activities at the Facility if:
1. my Child has experienced any flu-like symptoms over the past 14 days;
2. my Child has been in contact with, to the best of my knowledge and awareness, someone who has been diagnosed with COVID-19 over the past 14 days;
3. my Child has travelled outside of Canada over the past 14 days or my Child has been in close contact with someone under self-quarantine after travelling outside of Canada over the past 14 days; or
4. a public health unit, government agency, or health care professional has advised my Child to self-isolate due to possible exposure to COVID-19.
I understand that my Child’s access to the Facility may be suspended as Boulder Parc and its staff deem necessary if: my Child has COVID-19; my Child has any symptoms of COVID-19; my Child is suspected of having COVID-19 based on screening; or my Child fails to follow policies put in place to protect themselves and persons around them while at the Facility.
I represent that my Child has no illnesses, disabilities or other conditions that prevent them from safely participating in the Activities. If any such conditions arise in the future, I will first discuss my Child’s participation in the Activities with a physician to determine the effect on my Child’s health.
I represent that my child will immediately cease participation in the Activities and notify the nearest Boulder Parc staff member, if at any time my Child senses any unusual hazard or unsafe condition or if my Child feels physically, emotionally, or mentally unfit for continued participation in the Activities.
I freely accept full responsibility for my Child’s safety, and I represent that I have reviewed the rules with my Child and that my Child agrees to abide by the following rules while using the Facility:
1. My Child will not consume any alcohol or any substance which would impair my Child’s sense of judgement prior to or while using the Facility.
2. My Child will not be permitted to boulder and/or top-rope climb on any climbing wall or any bouldering wall until my Child has completed the pre-requisite Facility orientation and/or top-rope belay test.*
3. My Child will always tie directly into the climbing harness when engaging in top-rope climbing with a figure-8 follow-through knot and a double fisherman’s keeper knot.*
4. All top-rope climbing must be performed with a Grigri device and locking carabiner. Roped climbers and belayers must only use equipment approved by Boulder Parc staff.*
5. My Child will only belay if aged 13 or older and only when knowledgeable and experienced at belaying.*
6. I assume full responsibility for my Child’s choice of belayers. For top-rope climbing, 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.*
7. My Child will only use the weight training equipment in a controlled and responsible manner, and will re-rack everything after use to avoid creating tripping hazards.*
8. I understand that climbing privileges will be revoked in the event that my Child engages in any activity deemed unsafe by Boulder Parc staff.
9. I will not hold Boulder Parc responsible for any lost or stolen personal belongings.
10. My Child must promptly report any equipment defects, unsafe situations, or accidents.
11. My Child understands that 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.
12. My Child will comply with any policies implemented by Boulder Parc regarding self-screening, the use of personal protective equipment, and physical distancing to limit the spread of infectious disease
*NOTE: : Children under the age of 13 CANNOT belay, MUST have their harness and rope safety checked by a person over the age of 18 or a Boulder Parc staff member before climbing, MUST be belayed by a person over the age of 18 or a Boulder Parc staff member. Children under the age of 16 CANNOT use the weight training equipment unless supervised by a Boulder Parc coach or instructor.
INFORMATION RELEASE FOR CONTACT TRACING
In consideration of the objectives of public health units to understand and control potential outbreaks of COVID-19, I authorize Boulder Parc to disclose information to Toronto Public Health regarding my Child’s phone number, check-in and check-out times, and any other reasonable and necessary information incident to COVID-19 contact tracing, should the same be requested or required by Toronto Public Health or otherwise under applicable law.
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. 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. If any part of this agreement is held unenforceable, the validity of all remaining parts will not be affected.
I agree that this agreement will bind and benefit my and my Child’s heirs, next of kin, executors, administrators, and assigns in the event of my Child’s death or incapacity. I will not assign my rights and obligations under this agreement.
IN ENTERING INTO THIS AGREEMENT, I am not relying upon any oral or written representations or statements made by the Released Parties other than what is set forth in this agreement.
I HAVE READ AND FULLY UNDERSTAND THIS AGREEMENT. I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH MY CHILD MAY OTHERWISE HAVE AGAINST THE RELEASED PARTIES AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
DATE: September 20, 2020