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RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT

BY SIGNING THIS YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE VEDDER CLIMBING INC. operating as PROJECT CLIMBING CENTRE

PLEASE READ CAREFULLY


TO: VEDDER CLIMBING INC. doing business as PROJECT CLIMBING CENTRE (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 “illness” shall include bacterial infections, rashes and the transmission of communicable diseases, including but not limited to COVID-19 and any variants of same, viruses of all kinds, bacteria, parasites or other organisms or any mutation thereof. 

ASSUMPTION OF RISKS

I am aware that my participation in climbing programs involves many risks, dangers and hazards, which could result in damage, loss or physical injury or illness to me. Some of these risks, dangers and hazards include, but are not limited to:

  • Health: overexertion, dehydration, fatigue, lack of fitness or conditioning or illness, as defined above
  • Premises: defective, dangerous or unsafe condition of the climbing structures, ropes, auto belay systems and other equipment which could be unsafe or have viruses or bacteria on their surfaces; climbing; falls; collisions with objects, climbing structures and other equipment or persons
  • Use of Ropes, Auto Belay Systems, Climbing Structures and other Equipment: mechanical failure of the climbing structures, ropes, auto belay systems, and 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 other equipment within my own ability
  • Advice: negligent advice regarding climbing programs
  • My conduct and conduct of other persons: I acknowledge that such conduct, including my negligence and negligence of other persons, including NEGLIGENCE ON THE PART OF THE RELEASEES, may increase the risk of damage, loss, personal injury, illness or death. I understand that the Releasees may fail to safeguard or protect me 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 me to participate in climbing programs, use its climbing structures, ropes, auto belay systems, and other equipment 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, illness or injury including death that I may suffer or that my next-of-kin may suffer as a result of my participation in climbing programs DUE TO ANY CAUSE WHATSOEVER, including but not limited to:

  • negligence on the part of the Releasees, including any breach of any duty owed under the Negligence Act, RSBC 1996, c 333, as amended, 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. 337, as amended, on the part of the Releasees; and
  • the failure on the part of the Releasees to safeguard or protect me 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. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage, loss, expense, injury or illness to any third party resulting from my participation in climbing programs.

3. Despite the risks, dangers and hazards of climbing programs, and fully understanding such risks, dangers and hazards, I wish to participate in climbing programs with the Operator, and I FREELY ACCEPT AND FULLY ASSUME all such risks, dangers and hazards and the possibility of personal injury, illness, death, property damage and loss resulting therefrom.

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 familiar with the proper use of the climbing structures, ropes, auto belay systems and other equipment. I am aware that there are instructors and staff available to answer any questions I 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 with any disability, accident, liability or medical insurance or compensation, should I become injured, ill, or cause personal injury, illness, 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.

April 18, 2024



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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.
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