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RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK WARNING AND INDEMNIFICATION AGREEMENT

WARNING: PLEASE READ CAREFULLY BEFORE SIGNING! 

BY SIGNING THIS AGREEMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT  


 

 

TO: Cliffside Climbing Gym Ltd. (“Cliffside”), their owners, officers, directors, partners, shareholders, agents, guides, instructors, independent contractors, affiliates, volunteers, participants, employees, representatives, successors, assignees, insurers, and all other persons or entities acting in any capacity on their behalf (the “Releasees”)

In this Agreement, the term “Climbing Activities” means all activities, events, or services provided, arranged, organized, conducted, sponsored, or authorized by one or more of the Releasees and includes without limitation: use of the premises and equipment at Cliffside Climbing Gym Ltd. at 954 Laval Crescent in Kamloops BC, indoor roped climbing, indoor bouldering, training, stretching, observing others engaged in the Climbing Activities, volunteering, supervision of children by parents or guardians, all school and instructional sessions, and all other activities, events, and services in any way connected with or related to Climbing Activities, whether taking place before, during, or following my participation in Climbing Activities.

I UNDERSTAND THAT PARTICIPATION IN CLIMBING ACTIVITIES CAN BE HAZARDOUS AND MAY INVOLVE THE RISK OF PHYSICAL INJURY OR DEATH. I acknowledge that my participation in Climbing Activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the Climbing Activities. The risks include but are not limited to slips, trips and falls; scrapes, cuts and bruises; sprains and strains; broken wrists, ankles, legs and other bones; concussions or other brain injuries; falling off walls; colliding with walls, climbing holds, the floor, and other individuals; colliding with or being landed on or struck by climbers; gymnastic/parkour maneuvers including flipping and somersaulting; swinging and penduluming; failing to climb or belay safely or within one’s own ability; negligence on the part of instructors or supervisors or other climbers or belayers; failure of climbing equipment including ropes, harnesses, slings, anchor points, climbing holds, or any other equipment associated with or related to climbing and belaying; and misuse of any of the aforementioned equipment.

I agree to assume responsibility for maintaining control at all possible times while engaging in the Climbing Activities and for reading, understanding and complying with all signage and heeding the instructions of staff of the Releasees. I further understand that falls and injuries are common. I also understand that no amount of matting will absolutely avoid the risk of possible severe injury from an awkward fall and that the possibility of an awkward fall is an obvious and inherent risk of indoor bouldering and indoor roped climbing.

I UNDERSTAND PARTICIPATING IN THE CLIMBING ACTIVITIES COULD RESULT IN MY INFECTION WITH THE COVID-19 VIRUS, WHICH COULD INVOLVE FLU-LIKE SYMPTOMS, RESPIRATORY PROBLEMS, ORGAN FAILURE, PERMANENT DISABILITY, OR DEATH. I agree that I will not participate in any of the Climbing Activities, if: (1) to the best of my knowledge and awareness, I am experiencing, or have experienced in the prior 14 days, flu-like symptoms or symptoms of any transmissible viral or bacterial infection or disease; or (2) to the best of my knowledge and awareness, I have been in contact in the prior 14 days with any person diagnosed with the COVID-19 virus. I will not participate in any Climbing Activities if I have been advised by the BC Centre for Disease Control, any government agency, or my doctor to self-isolate due to possible exposure to COVID-19.

I acknowledge that alcohol, marijuana and other drugs – both prescribed and non-prescribed – have the capacity to impair my judgment and reduce my ability to effectively manage risks. I understand that consuming alcohol or marijuana before or during my participation in the Climbing Activities is not permitted.

RECOGNIZING THESE RISKS AND DANGERS, I VOLUNTARILY CHOOSE TO PARTICIPATE IN THE CLIMBING ACTIVITIES AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE ACTIVITIES, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.

In consideration of the Releasees allowing me to participate in Climbing Activities and permitting my use of their personal property, facilities, or equipment, I AGREE, to the greatest extent permitted by law, TO WAIVE ANY AND ALL CLAIMS AGAINST AND TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND AGREE NOT TO SUE Cliffside Climbing Gym Ltd., its insurer, Cliffside’s owners, officers, directors, partners, shareholders, agents, guides, instructors, independent contractors, affiliates, volunteers, participants, employees, representatives, successors and assignees, and all other persons or entities acting in any capacity on their behalf (each of whom, along with each of the Releasees, is a “Released Party”) FOR ANY INJURY, DEATH, LOSS, PROPERTY DAMAGE, OR EXPENSE, WHICH I MAY SUFFER, OR THAT MY NEXT OF KIN MAY SUFFER, ARISING IN WHOLE OR IN PART OUT OF MY PARTICIPATION IN THE CLIMBING ACTIVITIES, INCLUDING BUT NOT LIMITED TO ANY CLAIMS BASED ON ANY RELEASED PARTY’S: (1) ALLEGED OR ACTUAL NEGLIGENCE; (2) BREACH OF CONTRACT; (3) NEGLIGENT MISREPRESENTATION; (4) BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION; OR (4) BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, c337 AND THE including those of which I am no aware, those not mentioned i the above paragraph, and those resulting from anything the NEGLIGENCE ACT, R.S.B.C. 1996, c333. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF ANY RELEASED PARTY TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, s happened up to now DANGERS AND HAZARDS OF THE CLIMBING ACTIVITIES. 

I acknowledge and understand that Cliffside Climbing Gym Ltd. is not responsible for any lost or stolen personal property belonging to myself or the minor child(ren) under my care while that personal property is at Cliffside nor its parking lot, vehicles in its parking lot, or its cubbies.

I agree that 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. I will not assign my rights and obligations under this Agreement.

The laws of the Province of British Columbia, and federal laws of Canada applicable in British Columbia, govern this Agreement. I agree that 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 no other jurisdiction. I agree that 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. If any part of this Agreement is held unenforceable, the validity of all remaining parts will not be affected.

In entering into this Agreement, I am not relying upon any oral or written representations or statements made by any Released Party with respect to the safety of the Climbing Activities other than what is set forth in this Agreement.

Today's Date: May 1, 2024

First Participant's Name

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Last Name*

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

First Name*

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

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

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

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

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

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

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

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

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Tenth Participant's Gender
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Participant's Address
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Address Line 2:
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Parent or Guardian's Email Address

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Emergency Contact

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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.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

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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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