In consideration of permission, granted now or in the future by the Regional Recreation Corporation of Wood Buffalo (the “RRC”) to the Participant (as defined below) to utilize RRC’s equipment and/or facilities to participate in a sport or recreation activity (an “Activity”), and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned accepts and agrees to this Release of Liability, Waiver of Claims, Assumption of Risk and Indemnity (the “Release”) in favor of the RRC, the Regional Municipality of Wood Buffalo (the “RMWB”), and each and every director, officer, elected official, employee, affiliate, agent, delegate, representative, contractor, supplier, volunteer, or sponsor of the RRC or the RMWB, and all individuals associated with the RRC or the RMWB with respect to their involvement with the Activity in any way (collectively all such parties are the “Released Parties”). The undersigned may be a participant in an Activity, or a user of RRC’s equipment and facilities (and is in either such case, or both, referred to herein as the “Participant”), or the undersigned may be the parent or legal guardian of a Participant that is under 18.
Release of liability & waiver of claims:
The undersigned releases, discharges and waives any and all allegations, actions, suits, demands, and claims against the Released Parties for any loss, cost, personal injury, property damage, death, or any other liability arising out of or in any way connected with the Participant’s participation in the Activity or access to or use of RRC’s facilities or equipment, no matter how caused, and whether foreseen or not (collectively, “Claims”).
For greater certainty, but without limiting the generality of the foregoing, Claims include claims for negligence, breach of contract, breach of any statutory, equitable or common law duty of care, and claims for any failure of Released Parties to take reasonable steps to safeguard or protect the Participant from the risks, dangers and hazards of participating in an Activity or using RRC’s facilities or equipment.
The Undersigned shall indemnify and hold the Released Parties harmless against all Claims, and against any damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including legal costs on a solicitor-and-own-client basis) which may arise out of, relate to or result from any act or omission of the Participant (or the undersigned, as the case may be).
Assumption of risk:
The undersigned explicitly acknowledges and agrees that participation in the Activity is purely voluntary and that participating may put the Participant at risk of serious injury or illness, including, without limitation, death or paralysis.
The undersigned acknowledges and accepts all risks arising from or in any way connected with the Participant’s participation in the Activity and use of RRC’s facilities or equipment. Such risks include, but are not limited to: the diagnosed or undiagnosed health conditions of the Participant; failure on the part of the Participant or others to follow safety procedures; wet, icy or otherwise dangerous surfaces; contacting or being exposed to viruses, pathogens or other contaminants; falling objects and ice; equipment failure; improper use or maintenance of equipment or facilities; the actions of other people (including spectators and Released Parties); Climbing/Rappelling/Bouldering: All manner of injury, including serious injuries such as fractures, spinal and brain injury. All manner of injury resulting from falling and impacting against holds or the floor while using the climbing wall, resulting in collision with the floor and any protruding holds, ledges, edges, railing or any other permanent or temporary fixtures. Rope abrasion, entanglement and other injuries resulting from activities such as climbing, belaying, rappelling, rescue systems and any other rope techniques
Injuries resulting from falling climbers, dropped items such as ropes or climbing hardware, or reckless conduct of other participants. Cuts and abrasions resulting from skin contact with climbing panels I acknowledge that Regional Recreation Corporation does not warranty any personal equipment or the negligent use of any personal equipment. I freely accept and fully assume all such risks, dangers and hazards and the possibility or personal injury, death, proper-ty damage or loss, resulting there from and the negligence of the Released Parties or any of them.
The undersigned consents (on behalf of the Participant, if the Participant is under the age of 18) to the administration to the Participant of first aid or other emergency medical treatment for any injury or illness arising from or during the Participant’s participation in an Activity or use of RRC’s equipment or facilities.
Without limiting the generality of any other provision of this Release, the undersigned releases and forever discharges the Released Parties from any claim, cost, loss, damage, or other liability whatsoever which arises or may hereafter arise on account of any first aid treatment or other medical treatment provided to the Participant.
Applicability and enforcement:
The undersigned expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of the Province of Alberta.
The undersigned agrees that if any part of the Release is held to be invalid or illegal or unenforceable for any reason, such invalidity shall not affect the remaining provisions of this Release, which shall continue to be enforceable. This Release shall be governed by the laws of the Province of Alberta.
I HAVE READ THIS DOCUMENT FULLY. I UNDERSTAND WHAT IT SAYS AND I AM INTENTIONALLY AND VOLUNTARILY SIGNING THIS RELEASE IN ORDER TO PERMIT THE PARTICIPANT TO PARTICIPATE IN AN ACTIVITY AND/OR TO USE RRC’S EQUIPMENT OR FACILITIES. I UNDERSTAND THAT BY DOING SO I AM WAIVING SUBSTANTIAL LEGAL RIGHTS, WHICH I AND MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND ANYONE ELSE WHO MIGHT CLAIM OR SUE IN MY NAME OR ON MY BEHALF, MAY HAVE AGAINST THE RELEASED PARTIES.
SIGNED THIS DAY OF March 5, 2021.