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TOWN OF CANMORE

ADULT RELEASE OF LIABILITY

I may need to present Photo Identification to validate this waiver form.

I Agree

TODAY'S DATE: November 21, 2024

RELEASE OF LIABILITY, WAIVER OF CLAIMS,

ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT

(hereinafter the “Release Agreement”)

BY SIGNING THIS RELEASE AGREEMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF THE OCCUPIERS LIABILITY ACT OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT

PLEASE READ CAREFULLY!

 

TO:     TOWN OF CANMORE, and its directors, officers, employees, instructors, assistant instructors, members, guests, volunteers, agents, independent contractors, subcontractors, representatives, successors and assigns and any other person or organization participating in or connected with the activities offered at Elevation Place, the Canmore Recreation Center and any indoor or outdoor venues managed or utilized by the Town of Canmore (hereinafter collectively referred to as the “RELEASEES”).

DEFINITION – RECREATION ACTIVITIES

In this Release Agreement, the term “Recreation Activities” includes all activities, services, use of facilities, programs, orientations and instructional sessions, classes and clinics, events and other activities associated with the offered by the Releasees, whether as a participant or spectator, including the following specific services and activities:

CLIMBING - climbing; rappelling; belaying; participating in or spectating at competitions, demonstrations, orientations and instruction sessions, seminars and courses; use of equipment, including but not limited to ropes, harnesses, slings, anchor points, climbing holds, or any other equipment.  

FITNESS – fitness training, classes and clinics, aquatic centre use and other related activities.

AQUATIC – use of the swimming pool, participation in instruction sessions, water play, swimming, classes and clinics, and third party facility rentals, and other related activities.  

SKATING – use of the arena, participation in public skating sessions, drop-in programs, classes and clinics, and third party facility rentals and other related activities.

OUTDOOR ACTIVTY– Use of parks, playgrounds, courts, baseball diamonds, water venues, arenas and other spaces for structured and/or unstructured recreation activities delivered by the Town of Canmore and/or other organization(s).

ARTS, CULTURE and SOCIAL - participation in parades, festivals, competitions, shows, classes, clinics and programs and events delivered by the Releasees.

ASSUMPTION OF RISKS

I am aware that Recreation Activities involve risks, dangers and hazards including the risk of serious personal injury. These risks, dangers and hazards include, but are not limited to: slips, trips and falls, cuts, abrasions; failure of equipment including ropes, harnesses, slings, anchor points, climbing holds, automatic belay systems, flotation devices, personal equipment, or any other equipment associated with or related to Recreation Activities; failing to engage in Recreation Activities safely or within one’s own ability; loss of balance; overexertion or lack of fitness or conditioning; shock, stress or other injury to the body; defective, dangerous or unsafe condition of the facilities used for Recreation Activities; drowning, allergic reaction to chemicals used in the facilities; infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact; unsafe actions of other participants and/or facility users; interactions with animals which may be wild or domestic. I understand that I am responsible to inspect my equipment and to ensure proper fit and its compatibility with Recreation Activities. I understand that should I choose not to wear a helmet that the risk of injury may be increased during certain Recreation Activities. I understand that negligence includes the failure on the part of the Releasees to take reasonable steps to safeguard or protect me from or warn me of the risks, dangers, and hazards of Recreation Activities. Many of the Recreation Activities are unsupervised. I understand that it is my responsibility to learn about and understand the risks, dangers and hazards of participating in Recreation Activities and accept the risks associated with my participation. 


I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH RECREATION ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.


RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration of the RELEASEES allowing me to participate in Recreation Activities and permitting my use of their climbing walls, fitness facilities, arenas, and equipment and other facilities which may exist indoors or outdoors, and for other good and valuable consideration, 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 I may suffer, or that my next of kin may suffer as a result of my participation in Recreation Activities or my use of or presence in the facilities, operated by the Releasees, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACT, R.S.A. 2000, c.0-4, ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN RECREATION ACTIVITIES REFERRED TO ABOVE;

 

2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property of or personal injury to any third party, resulting from my participation in Recreation Activities;

3. This Release 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;

4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of Alberta and no other jurisdiction; and

5. Any litigation involving the parties to this Release Agreement shall be brought solely within Alberta and shall be within the exclusive jurisdiction of the Courts of Alberta.

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

I CONFIRM THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.

PLEASE NOTE THAT AS PART OF THE WAIVER COMPLETION PROCESS A PHOTO WILL BE TAKEN OF THE PERSON COMPLETING THIS FORM AT THE ONSITE KIOSKS.

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Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
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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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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