RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, JURISDICTION AND CHOICE OF LAW AND INDEMNITY AGREEMENT (hereinafter referred to as the "Release Agreement") BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT PLEASE READ CAREFULLY! TO: On The Rocks Climbing Guides Inc., The Halton Region Conservation Authority, operating as "Rattlesnake Point Conservation Area", His Majesty in Right of Canada, Parks Canada, and all related and associated companies and their respective owners, agents, representatives, staff, sponsors, independent contractors, subcontractors, insurers, successors and assigns, and host locations, hereinafter referred to as the "Releasees". ASSUMPTION OF RISKS I am aware that rock climbing, participating in rock climbing lessons and sessions, travel to and from such activity and use of the facilities, trails and terrain at hosting locations involves many risks, danger and hazards, including but not limited to: significant risk of injury from the activity or equipment used in Mountaineering or Rock Climbing including potential permanent disability or death; risk of possible equipment failure and/or malfunction of one's own or others' equipment; injury to hands, feet, fingers or toes including, but not limited to inflammation, strains or rupture of joints, muscles, ligaments or tendons, nerve damage or compression and broken bones; injuries from falling rocks, ice or other objects which might cause injury or death; injuries from falling, whether roped or unroped; exposure to steps or uneven terrain; broken bones; injuries to the head, neck or back which may result in severe physical impairment or even death; strains, sprains, bruises, scrapes or cuts; risks associated with water and waterway exposure including but not limited to immersion injuries, hypothermia, and injuries related to vessel collisions, slips and falls and entrapment in canal locks or equipment and waterborne diseases; cold or heat related injuries including but not limited to frostnip, frost bite, hypothermia, heat exhaustion, heat stroke, sunburn and dehydration; environmental conditions including but not limited to heat, cold, high winds, rockfall, and inclement weather including rain, snow and lightning; attack by or encounter with animals, insects, reptiles or noxious plants; exposure to infectious disease including, but not limited to COVID-19, which may cause illness, disability or death; exposure to toxins or allergens which may cause illness or death; accident or illness occurring in remote locations where rescue or medical treatment may be delayed or may not be available; fatigue, chill or dizziness which may cause functional impairment and increase the risk of accident; one's failure to act safely, follow instructions or stay within designated boundaries; negligent first aid; negligence of other climbers or other persons; error or omission in instruction and guidance; and NEGLIGENCE OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT MY MINOR CHILD/WARD FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE. I am also aware that the hazards exist throughout the area and may be unmarked and not apparent. I FREELY, VOLUNTARILY, AND WITHOUT DURESS FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH OR PROPERTY DAMAGE OR LOSS RESULTING THEREFROM ON BEHALF OF MY MINOR CHILD/WARD.
RELEASE OF LIABILITY AND WAIVER OF CLAIMS AND INDEMNITY AGREEMENT: In consideration of the Releasees agreeing to the participation of my minor child/ward in any of rock climbing or other lessons and sessions, and permitting the use of property, facilities, equipment, trails or any associated services, information or amenities (the "Activities"), I hereby agree as follows: 1. TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future have against THE RELEASEES, and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense and injury including death that MY MINOR CHILD/WARD may suffer, or that his/her next of kin may suffer, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD MY MINOR CHILD/WARD FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE; 2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any damage to property of or personal injury to any third party resulting from the participation in or presence on any rock climbing lesson or session or associated activity or travel of my minor child/ward; 3. I agree TO DEFEND, HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all expense incurred by the Releasees including legal fees and/or settlements or Tribunal or Court awards resulting from legal or administrative action brought by myself or on behalf of my minor child/ward; 4. Should my minor child/ward require first aid, medical treatment or non-scheduled or emergency evacuation due to accident, illness or other cause during his/her participation in the Activities, I consent to such treatment as deemed necessary by the Releasees; 5. Should my minor child/ward require non-scheduled or emergency evacuation, first aid or emergency medical treatment, I agree that I will bear the costs of such non-scheduled or emergency evacuation, first aid and/or emergency treatment and such costs will not be covered by the Releasees; 6. I agree TO DEFEND, HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability on account of any first aid, medical treatment or services rendered in connection with the participation of my minor child/ward in the Activities; 7. The Release Agreement shall be effective and binding upon his/her heirs, next of kin, executors, administrators, assigns and representatives, as well as my heirs, next of kin, executors, administrators, assigns and representatives, in the event of his/her death or my death or incapacity; 8. The Release Agreement and any rights, duties and obligations as between parties to this Release Agreement shall be governed and interpreted solely in accordance with the laws of the Province of Ontario and no other jurisdiction; and 9. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of Ontario and shall be within the exclusive jurisdiction of the Courts of the Province of Ontario.
COVID-19 ACKNOWLEDGEMENT AND SAFETY AGREEMENT I acknowledge that COVID-19 exposure and/or infection is a possibility in spite of measures to limit its spread, and I hereby acknowledge this risk and WAIVE ANY AND ALL CLAIMS I MAY HAVE AGAINS THE RELEASEES on behalf of my minor child/ward relating to any exposure, infection or resulting illness, disability or even death relating to this exposure and infection including but not limited to exposure and infection due to NEGLIGENCE OF THE RELEASEES. Furthermore, I attest that I will follow On The Rocks COVID-19 Policy and public health guidelines to avoid potentially exposing others to COVID-19, including monitoring my minor child/ward for possible COVID-19 symptoms or exposure in the 5 days preceding the Activities, and that I will not allow my minor child/ward to participate in the activities if such symptoms or exposure are identified within this time. I acknowledge that the Activities may be physically strenuous and have the potential to aggravate or activate any pre-existing injuries, illnesses or congenital defects. I acknowledge that it is my responsibility to speak to a physician about the possible effects of the Activities on the health of my minor child/ward, and I attest that he/she has not received medical advice to not participate in the Activities. Further, I acknowledge that my minor child/ward will receive direction on certain safety procedures to mitigate some risks, including but not limited to the wearing of HELMETS and other safety equipment, and I will instruct him/her to follow said procedures.
In entering into this Release Agreement I am not relying upon any oral or written representations or statements made by the Releasees with respect to the safety of the "Activities" other than what is set forth in this Release Agreement. PHOTO/VIDEO RELEASE: I acknowledge that my minor child/ward may be photographed or videotaped during the course of the Activities, and I consent to such photographs and/or videotapes being used for advertising, promotional or marketing purposes. PERSONAL INFORMATION RELEASE: I acknowledge that On The Rocks Climbing Guides may share my personal contact information or medical information I have provided concerning my minor child/ward with contracted guides or instructors, and I consent to this information sharing. I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS THAT MY MINOR CHILD/WARD, HIS/HER HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES AND I MAY HAVE AGAINST THE RELEASEES. March 6, 2026 PARENT OR GUARDIAN'S SIGNATURE
WITNESS'S SIGNATURE |
