THIS AGREEMENT MUST BE COMPLETED BY THE PARENT/LEGAL GUARDIAN OF ALL PARTICIPANTS UNDER THE AGE OF 18. PLEASE READ CAREFULLY BEFORE SIGNING AND NOTE THAT BY SIGNING THIS AGREEMENT, YOU GIVE UP THE RIGHT TO SUE FOR ANY DAMAGES, HOWSOEVER CAUSED
To: Go Bananas Adventure Climbing (hereinafter "Go Bananas") and its shareholders, directors, officers, employees, representatives and agents, independent contractors, subcontractors, sponsors, successors and assigns (collectively called "the Agents")
I hereby sign this agreement on behalf of myself and the Minor(s), our personal representatives, heirs and assigns.
I acknowledge that this agreement limits the liability of the Agents to the same extent as it limits the liability of Go Bananas even though the Agents are not formal parties to this agreement.
ASSUMPTION OF RISKS
I am aware of and voluntarily assume all inherent risks associated with indoor rock climbing and my use and the Minor's use of Go Bananas' climbing facilities including the belay equipment, ropes, harnesses, climbing shoes, gri-gris, auto-belays, carabiners, soft play, cubbies and washrooms located at 3-50 Borden Avenue South, Kitchener, Ontario, and the adjacent parking facilities outside (collectively, the "Facilities").
I understand that the inherent risks of indoor rock climbing and my use and the Minor's use of the Facilities include but are not limited to: ENTAGLEMENT IN ROPES; SLIPPING, TRIPPING OR LOSS OF CONTROL; FALLING FROM A HEIGHT; COLLISION with the walls, floor equipment, climbing holds, other persons, other climbers or exposed or hidden structural supports or beams; MECHANICAL FAILURE of equipment including but not limited to belay equipment, ropes, harnesses, climbing holds, anchor parts or any part of the climbing wall; and NEGLIGENCE AND HUMAN ERROR of Go Bananas, the Agents, other participants, climbers and/or other persons.
I FREELY ASSUME ALL LOSS, DAMAGE, PROPERTY DAMAGE, EXPENSE OR INJURY INCLUDING DEATH RESULTING FROM ANY OF THE INHERENT RISKS OF INDOOR ROCK CLIMBING AND MY USE AND THE MINOR'S USE OF THE FACILITIES.
RELEASE OF LIABIILITY, WAIVER OF CLAIMS AND IDEMNITY
In consideration of Go Bananas' permission to allow the Minor(s) and I to use the Facilities, we hereby agree as follows:
1. TO RELEASE, WAIVE AND FOREVER DISCHARGE Go Bananas and the Agents (all of whom are hereinafter collectively referred to as the "Releasees") from any and all liability for any loss, damage, expense or injury including death that the Minor(s) or I may suffer or that the Minor(s) or my next of kin may suffer from our participation in activities at or use of the Facilities due to any cause whatsoever, including without the limitation: MISTAKES OR ERRORS IN JUDGEMENT, NEGLIGENCE, BREACH OF CONTRACT, BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPERS' LIABILITY ACT, RSO 1190, c.0.2 as amended, ON THE PART OF THE RELEASEES,
2. TO WAIVE ALL CLAIMS AGAINST THE RELEASEES for any loss, damage, expense or injury including death that the Minor(s) or I may suffer, or that the Minor's or my next of kin may suffer, caused by or contributed to by, without limitation, falling from a height, collisions, slip and falls, trip and falls, mechanical breakdown or equipment failure, poor design or placement of any equipment or belaying.
3. TO HOLD HARMLESS AND IDEMNIFY THE RELEASEES FROM ANY AND ALL LIABILITY for any property damage, personal injury or death to any third party resulting from the Minor's or my participation in activities at or use of the Facilities.
4. THIS AGREEMENT SHALL BE EFFECTIVE AND BINDING ON the Minor's and my heirs, next of kin, executors, administrators, assigns and representatives in the event of the Minor's or my death or incapacity.
5. THAT THIS AGREEMENT SHALL BE GOVERNED AND INTERPRETED solely by the laws of the Province of Ontario, with any litigation with respect hereto being brought solely within the exclusive jurisdiction of the courts of the Province of Ontario.
AGREEMENT TO FOLLOW THE RULES OF GO BANANAS
I have reviewed the rules of Go Bananas with the Minor(s) and the Minor(s) and I understand and agree to abide by the following rules while using the Facilities:
1. Only Go Bananas equipment may be used on the Premises.
2. Go Bananas Staff must fit and inspect all harnesses prior to climbing.
3. The Minor(s) and will not use the auto-belays until I have received the Auto-Belay Orientation from Go Bananas staff and completed same to the satisfaction of Go Bananas staff.
4. The Minor(s) and I will wear running shoes on all climbing structures. The Minor(s) and I understand that Go Bananas will not permit anyone to climb at the Premises who is wearing boots, open toe shoes, heels, climbing shoes, bare feet or socks.
5. The Minor(s) and I acknowledge that Go Bananas has helmets available for all participants at no cost and that it is my responsibility to ask for a helmet if I wish the Minor(s) to wear one. By not choosing to wear a helmet, the Minor(s) and I am voluntarily assuming any additional risks of injury caused by the failure to wear a helmet.
6. The Minor(s) and I understand that our climbing privileges wil be revoked in the event that the Minor(s) or I engage in any activity deemed unsafe by Go Bananas.
7. The Minor(s) and I will promptly report any equipment defects, unsafe situations or injuries that we become aware of to Go Bananas.
*NOTE: CHILDREN UNDER 13
- Must be clipped into the auto-belays by someone over 13 who has received the Auto-Belay Orientation from Go Bananas staff and completed same to the satisfaction of Go Bananas staff.