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RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT FOR PARTICIPANTS OF MINORITY AGE (UNDER 19)

BY SIGNING THIS YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE, AND WILL AGREE TO INDEMNIFY APEX CLIMBING INC. OPERATING AS PROJECT CLIMBING CENTRE CLOVERDALE

PLEASE READ CAREFULLY

TO: APEX CLIMBING INC., OPERATING AS PROJECT CLIMBING CENTRE CLOVERDALE (the “OPERATOR”) and its directors, officers, agents, representatives, employees, volunteers, independent contractors, subcontractors, sponsors, successors and assigns (collectively the “RELEASEES”)

DEFINITIONS
In this Agreement the term "climbing programs" shall include all activities, programs, events, classes, groups, clubs, teams and services provided, sponsored or organized by the Operator including but not limited to: climbing; bouldering; belaying; weight training; personal training; use of strength training and fitness conditioning equipment, facilities, climbing structures, ropes, auto belay systems and other equipment; orientation or instructional sessions or lessons whether group or individual, and all other such related activities.

In this Agreement the term Minor shall mean a person under 19 years of age.

In this Agreement the term Participant shall mean the Minor named above.

ASSUMPTION OF RISKS
I am the parent or guardian of the Participant. I am aware that the Participant’s participation in climbing programs involves many risks, dangers and hazards, which could result in damage, loss or physical injury to the Participant. Some of those risks, dangers and hazards include, but are not limited to:

  • Health: overexertion, dehydration, fatigue, lack of fitness or conditioning
  • Premises: defective, dangerous or unsafe condition of the facilities including its climbing structures, ropes, auto belay systems and other equipment; climbing; falls; collisions with objects, climbing structures and other equipment or persons
  • Use Ropes, Climbing Structures, Auto Belay Systems and other Equipment: mechanical failure of the climbing structures, ropes, auto belay systems, other equipment; negligent design or manufacture of the climbing structures, ropes, auto belay systems and other equipment; the provision of or the failure by the Releasees to provide any warnings, directions, instructions or guidance as to the use of the climbing structures, ropes, auto belay systems, and other equipment; failure to use the climbing structures, ropes, auto belay systems, and other equipment or operate the climbing structures, ropes, auto belay systems and equipment within the Participant’s own ability
  • Advice: negligent advice regarding climbing programs given to the Participant
  • The Participant’s conduct and conduct of other persons: I acknowledge that such conduct, including the Participant’s negligence and negligence of other persons, including NEGLIGENCE ON THE PART OF THE RELEASEES, may increase the risk of damage, loss, personal injury or death. I understand that the Releasees may fail to safeguard or protect the Participant from the risks dangers and hazards of climbing programs, some of which are referred to above.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration of the Releasees allowing the Participant to participate in climbing programs, use its climbing structures, ropes, auto belay systems and other equipment and facilities and providing its climbing services and consultation, I hereby agree as follows:

1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that the Participant may suffer as a result of the Participant’s participation in climbing programs DUE TO ANY CAUSE WHATSOEVER, including but not limited to:

  • negligence on the part of the Releasees;
  • breach of contract by the Releasees;
  • breach of warranty on the part of the Releasees in respect of the design, manufacture, selection, installation, maintenance or adjustment of climbing structures, ropes, auto belay systems and other equipment;
  • breach of any statutory or other duty of care including any duty of care owed under the Occupiers Liability Act, R.S.B.C. 1996, c. 303, on the part of the Releasees; and
  • the failure on the part of the Releasees to safeguard or protect the Participant from the risks, dangers and hazards of climbing programs, some of which are referred to in the Assumption of Risks section of this Agreement.

2. Despite the risks, dangers and hazards of climbing programs, and fully understanding such risks, dangers and hazards, I wish the Participant to participate in climbing programs with the Operator, and I FREELY ACCEPT AND AGREE TO INDEMNIFY THE RELEASEES from any and all liability for any damage, loss, expense or injury to the Participant as a result of the Participant’s participation in climbing programs. I also freely accept and acknowledge the risks, dangers and hazards and the possibility of personal injury and death to the Participant as a result of the Participant participating in the climbing programs.

3. I ALSO AGREE TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage, loss, expense or injury to any third party resulting from the Participant’s participation in climbing programs.

4. 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.

SAFETY
I am aware that there are instructors and staff available to answer any questions that the Participant may have as to the proper use of the climbing structures, ropes, auto belay systems and other equipment.

In entering into this Agreement I am not relying on any oral, visual or written representations or statements made by the Releasees with respect to the safety of climbing programs other than what is set forth in this Agreement.

INSURANCE: I am aware that the Releasees do not provide me or the Participant with any disability, accident, liability or medical insurance or compensation, should the Participant become injured or cause personal injury or property damage to any third party while participating in climbing programs.

JURISDICTION: 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 British Columbia, and I agree to attorn solely to the jurisdiction of the Courts of the Province of British Columbia. Any litigation involving the parties to this Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.

Signature

Today's Date: February 22, 2020

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
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Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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