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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 AGREEMENT YOU WILL WAIVE CERTAIN LEGAL
RIGHTS, INCLUDING THE RIGHT TO SUE PROGRESSION BOULDERING GYM INC. operating as PROGRESSION BOULDERING GYM AND WILL AGREE TO INDEMNIFY PROGRESSION BOULDERING GYM INC.
PLEASE READ CAREFULLY



TO: PROGRESSION BOULDERING GYM INC., OPERATING AS PROGRESSION BOULDERING (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 "bouldering 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: bouldering; climbing; weight training; personal training; use of strength training and fitness conditioning equipment, facilities, bouldering and climbing structures, ropes and other equipment; orientation or instructional sessions or lessons whether group or individual, and all other such related activities, whether they take place at Progression Bouldering’s facility located at 275 East 10th Avenue, Vancouver B.C. (the “Facility”) or outside of the Facility.  

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. 

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 (or Minors) named below at the end of this Agreement.  



ASSUMPTION OF RISKS 

I am the parent or guardian of the Participant(s). I am aware that the Participant’s participation in bouldering programs inside the Facility or outside of the Facility involves many risks, dangers and hazards, which could result in damage, loss, illness 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 or illness, as defined above  

· Premises: defective, dangerous or unsafe condition of the bouldering structures and other fitness equipment which could be unsafe or have viruses or bacteria on their surfaces; falls; collisions with objects, equipment or persons 

· Use of Bouldering Equipment and Structures and other Fitness Equipment: failure of the bouldering structures and other equipment; negligent design or manufacture of the bouldering structures 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 bouldering structures and other equipment; failure to use the bouldering structures and other equipment or operate the equipment and structures at the Facility or outside of the Facility within the Participant’s own ability 

· Advice: negligent advice regarding bouldering 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, illness, personal injury or death. I understand that the Releasees may fail to safeguard or protect the Participant from the risks, dangers and hazards of bouldering programs, some of which are referred to above.



In consideration of the Releasees allowing the Participant to participate in bouldering programs, use its bouldering structures and other equipment and providing its bouldering 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 the Participant may suffer as a result of the Participant’s participation in bouldering 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 bouldering structures, 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 bouldering programs, some of which are referred to in the Assumption of Risks section of this Agreement. 

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

3. I ALSO AGREE TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage, loss, expense, illness, or injury to any third party resulting from the Participant’s participation in bouldering 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: The Participant and I are familiar with the proper use of bouldering structures, ropes, auto belay systems and other equipment associated with bouldering, climbing, strength training and fitness conditioning. The Participant and I are aware that there are instructors and staff available to answer any questions that the Participant may have as to the proper use of the bouldering, climbing, strength training and fitness conditioning.  

ORIENTATION: The Participant has completed the orientation that must be completed for first time participants in any of the bouldering programs.  

REPRESENTATIONS: 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 bouldering 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, ill, or cause personal injury, illness or property damage to any third party while participating in bouldering 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. 


 

Please sign on the bottom of this page to indicate your acknowledgement and understanding of this document. 

I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS. 

Date: 

First Participant's Name

First Name*

Middle Name

Last Name*

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
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Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*

Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 19 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

First Name*

Middle 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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