In consideration of the Company allowing my child (the Minor Participant) to participate in Climbing Activities and permitting their use of the Company’s personal property, facilities, or equipment, I WILL CAREFULLY READ THE FOLLOWING DOCUMENT IN ITS ENTIRETY, INCLUDING SMALL PRINT. THIS IS AN ACT TO MANAGE AND MITIGATE THE RISKS OF MY CHILD’S PARTICIPATION. 1) TERMS FOR THE DOCUMENT: The terms “OVERhang”, “Owner”, or “Company” refer to OVERhang Education Centre Ltd. The term or, derivative forms of, “company affiliates” refer to OVERhang Education Centre Ltd’s owners, officers, directors, partners, shareholders, agents, guides, instructors, independent contractors, affiliates, volunteers, participants, employees, representatives, successors and assignees of the Company, and all other persons or entities acting in any capacity on their behalf. The terms “visitor”, “visiting party”, “user” “child”, and personal pronouns refer to the Minor Participant; references to ‘I’, ‘me’, or ‘my’ in this document are made by the undersigned parent/legal guardian on behalf of the Minor Participant. The term “Climbing Activities” means all activities, events, or services provided, arranged, organized, conducted, sponsored, or authorized by the Company and includes without limitation: indoor climbing, belaying, indoor bouldering, crafts, training, stretching, yoga, fitness classes, weight lifting, observing others engaged in the Climbing Activities, volunteering, supervision of children by parents or guardians, spectating, all school and instructional sessions, indoor and outdoor games, and all other activities, events, and services in any way related to Climbing Activities. 2) STATEMENT OF PHYSICAL RISK I, the undersigned parent/legal guardian of the Minor Participant, UNDERSTAND AND ACCEPT THAT PARTICIPATION IN CLIMBING ACTIVITIES CAN BE HAZARDOUS AND MAY INVOLVE THE RISK OF PHYSICAL INJURY OR DEATH. I acknowledge that my child’s participation in Climbing Activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to property. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the Climbing Activities. The risks include but are not limited to: scrapes, cuts and bruises; falling off equipment; muscle and joint sprains and strains; overuse injuries; broken bones; joint dislocations; head, neck, and spinal injuries; exposure to allergens; and other serious injuries including death. These risks may be derived from failure to wear a harness properly, improper use of an autobelay device, not tying into a rope correctly, falls, collisions, slips, trips, swings, pendulums, negligence of staff or other participants, and failure or misuse of equipment. 3) STATEMENT OF PUBLIC HEALTH RISK I UNDERSTAND THAT PARTICIPATING IN CLIMBING ACTIVITIES COULD RESULT IN INADVERTENT TRANSFER OF INFECTION WHICH MAY CAUSE ILLNESS OR DEATH. I understand that my child’s participation in Climbing Activities could result in inadvertent transfer of infection which may cause illness or death. I agree that my child will not participate if, to the best of my knowledge and awareness, they are experiencing or have experienced in the prior 14 days flu-like symptoms or symptoms of any transmissible viral or bacterial infection or disease. 4) STATEMENT OF COMPLIANCE I agree that my child will maintain control at all possible times while engaging in Climbing Activities, and that they will read, understand, and comply with all signage and instructions from Company staff. I understand that certain activities (e.g., harnessing, clipping into an autobelay device, tying into a rope, belaying, climbing, lowering) may be unsupervised, and that my child is responsible for proper execution. I acknowledge that falls and injuries are common. My child will not participate in these activities until they have received proper orientation and demonstrated competence. My child will navigate the facility safely and avoid passing between belay-climber pairs or under active climbers, as instructed by Company staff. 5) STATEMENT OF FITNESS FOR CLIMBING ACTIVITIES I affirm that my child is physically and emotionally capable of participating in Climbing Activities and may opt out at any time. My child will not consume alcohol, marijuana, or other substances (prescribed or non-prescribed) that may impair judgment or physical ability before or during participation. RECOGNIZING THESE RISKS AND DANGERS, I, AS PARENT OR COURT-APPOINTED LEGAL GUARDIAN, GIVE PERMISSION FOR MY CHILD (THE MINOR PARTICIPANT) TO PARTICIPATE IN THE CLIMBING ACTIVITIES AND EXPRESSLY ASSUME ON THEIR BEHALF ALL RISKS AND DANGERS OF THE ACTIVITIES, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE 6) STATEMENT OF RELEASE: In consideration of the Company allowing my child to participate in Climbing Activities and permitting their use of private property, facilities, or equipment, I AGREE, to the greatest extent permitted by law, to name OVERhang Education Centre Ltd and its affiliates as RELEASED PARTIES and: 1) TO WAIVE ANY AND ALL CLAIMS against the Company, including those not expressly mentioned or arising from past events; 2) TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND AGREE NOT TO SUE for any injury, death, loss, property damage, or expenses arising in whole or in part from my child’s participation, including claims based on alleged or actual negligence, breach of contract, negligent misrepresentation, breach of warranty, or breach of statutory duty of care. i. ALLEGED OR ACTUAL NEGLIGENCE; ii. BREACH OF CONTRACT; iii. NEGLIGENT MISREPRESENTATION; iv. BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION; OR v. BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE UNDER THE OCCUPIER’S LIABILITY ACT (British Columbia). I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF ANY RELEASED PARTY TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT MY CHILD (THE MINOR PARTICIPANT) FROM THE RISKS, DANGERS, AND HAZARDS OF THE CLIMBING ACTIVITIES. 7) GENERAL STATEMENT This agreement binds the Minor Participant, their heirs, next of kin, executors, administrators, and representatives. It is governed by the laws of British Columbia, with exclusive jurisdiction in BC courts. If any portion is unenforceable, the remainder remains valid. I, the undersigned parent/legal guardian, enter into this agreement willingly and rely solely on the written terms herein. The laws of the Province of British Columbia, and federal laws of Canada applicable in British Columbia, govern this agreement. The courts of the Province of British Columbia have exclusive jurisdiction over any claims arising out of this agreement. If any part of this agreement is held unenforceable, all remaining parts shall remain valid. I assure that I, the undersigned, enter into this agreement WILLINGLY and am not relying upon any oral or written representations or statements made by any Released Party with respect to the safety of the Climbing Activities other than what is set forth in this agreement
Today's Date: September 13, 2025 |