In consideration of being allowed to participate in the services and activities, including, but not limited to, rock climbing, lifting weights, exercise, animal petting, animal feeding, and any other activities (collectively "Activities") located on the real property municipally known as 2423 Wallbridge Loyalist Rd, Foxboro, ON K0K 2B0 (the “Real Property”), provided by The Business and its agents, owners, officers, directors, principals, volunteers, participants, clients, customers, invitees, employees, independent contractors, insurers, facility operators, land and/or premises owners, and any and all other persons and entities acting in any capacity on its behalf (collectively the “Releasees”). I, on behalf of myself, and/or on behalf of my minor child (ren)/ward(s) (collectively Children), hereby agree to forever release, indemnify and discharge the Releasees on behalf of myself, my spouse, legal partner, my children, my parents, my guardians, heirs, assigns, personal representatives and estate, and all other persons and entities who could in any way represent me or act on my behalf as follows: (1) ASSUMPTION OF RISK: I am aware that participating in the Activities involves risks and despite such known and unknown risks which include the actions and potential negligence of other customers and negligence on the part of the Releasees, including failure on the part of the Releasees to take reasonable steps to safeguard or protect me and/or my Children from the risks, dangers and hazards of the Activities. I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property damage and loss resulting therefrom. (2) HEALTH AND SAFETY: In consideration of the above, I acknowledge and fully assume the risk of illness or death arising from my being on the Property and participating in the Activities and hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE (on behalf of myself and any minor children from whom I have the capacity to contract) the Releasees from any liability related to same. (3) RELEASE OF LIABILITY: In consideration of the Releasees agreeing to my participation and/or my Children’s participation in the Activities and permitting my use of the Releasees’ equipment, parking and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby expressly and voluntarily remise, release, acquit, satisfy and forever discharge the Releasees and agree to hold them harmless of and from all, and all manner of action and actions or omission(s), cause and cause of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties covenants, contracts, controversies, agreement, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by the Releasees, whether the action arises out of any damage, loss, personal injury, or death to me or my Children, while participating in or as a result of participating in any of the Activities. This Release of Liability is effective and valid regardless of whether the damage, loss or death is a result of any act or omission, breach of contract or breach of any statutory or other duty of care on the part of the Releasees including any duty to take reasonable steps to safeguard or protect me from the risks, dangers and hazards of participating in the Activities. (4) INDEMNIFICATION: I hereby agree to indemnify and hold harmless from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by the Releasees, including, but not limited to, any and all legal fees, costs, fines, penalties, levies, damages and/or judgments the Releasees incur in the event that I or my minor Children cause any injury, damage and/or harm to the Releasees and/or any and all other persons and entities acting in any capacity on behalf of the Releasees. (5) LEGAL FEES: I promise to indemnify the Releasees for any legal fees and/or costs incurred to enforce this agreement, including all costs associated with any collection efforts. Further, should any debt and/or judgment accrue in favor of the Releasees, prejudgment and post-judgment interest shall accrue thereon at a rate of 18% per annum. (6) PHOTO RELEASE: By entering The Business and participating in the ACTIVITIES, I hereby grant the Business on behalf of myself and on behalf of my Children, the irrevocable right and permission to photograph and/or record me or my Children in connection with The Business and to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. The Business and will advise you before taking any photo and make sure that you are in agreement to the reason of our photo taking. I waive any right to inspect or approve the use of the photograph and/or Recording, and acknowledge and agree that the rights granted to this release are without compensation of any kind. (7) TERMS OF AGREEMENT: I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I or my Children visit The Business, whether at the current location or any other location or facility. By signing this document, I understand that I may be found by a court of law to have forever waived my and my Children’s right to maintain any action against the Releasees on the basis of any claim from which I have released the Releasees. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel, or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein. We reserve the right to review your license and other forms of ID to verify identity and age. In entering this Release Agreement I am not relying on any oral or written representation or statements made by the Releasees with respect to the safety of participating in the Activities, other than what is set out in this Release Agreement. Dated this day of July 24, 2026 |