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Reading, considering, and signing the following agreement is required for access to 400 Lakeview Street, Castlegar, V1N 3Y1, British Columbia or The Hill Outdoor Community Hub Ltd. Unauthorized entry without signing is TRESPASSING. 

BY SIGNING THIS AGREEMENT, YOU WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT. PLEASE TAKE YOUR TIME AND READ CAREFULLY. 

THIS IS A LEGAL DOCUMENT. 

The outdoor recreation available on 400 Lakeview Street or The Hill Outdoor Community Hub Ltd involves unforeseeable and uncontrollable risks where no reasonable precautions can prevent injury such as a rockslide. The land is a NATURAL AREA with large boulders and steep slopes and while careful planning has been undertaken to mitigate and lessen risk, managing and developing the land for public recreation is a continual work in progress. Specialized skills, training, equipment, and judgement are required for outdoor recreation on site. Recreation or access without signing the waiver is trespassing. 

I understand that by signing this release, I will give up or waive certain legal rights, and the rights of my estate or those who might claim on my behalf, including the right to sue or claim compensation, should I be injured or killed. I hereby certify, represent and warrant that I have adequate skills, training, judgement, and equipment to safely undertake all activities which I will undertake or perform at The Hill Outdoor Community Hub Ltd. 


PLEASE READ CAREFULLY!

This Release of Liability, Waiver of Claims, Assumption of Risks, and Indemnity Agreement (the "Agreement") is entered into by the undersigned participant (the "Participant") in favor of The Hill Outdoor Community Hub Ltd and its owners, directors, officers, employees, agents, contractors, volunteers, representatives, successors, and assigns.

To: The Hill Outdoor Community Hub Ltd and its owners, directors, officers, employees, agents, contractors, volunteers, representatives, successors, and assigns (all of whom are hereinafter collectively referred to as, "Releasees").

Definitions: 

The Hill means: land described as 400 Lakeview Street, Castlegar, British Columbia, V1N 3Y1, or legal land description: Parcel A, District Lot 7182, Kootenay Land District, Except Plan 2323, REF PL 73972I OF PCL 1 (SEE 7192I), PID: 010-350-853.

Releasees means: The Hill Outdoor Community Hub Ltd. and its owners, directors, officers, employees, agents, contractors, volunteers, representatives, successors, and assigns.

Duration of Agreement:

This waiver shall remain valid and in effect for a period of FOURTEEN (14) months from the date of signing, covering all participation on The Hill during that period.

Requirement for Renewal:

I understand that after fourteen (14) months, this waiver will automatically expire, and I must sign a new waiver to continue participating in activities or accessing The Hill.

No Participation Without Renewal:

I acknowledge that failure to sign a new waiver after the expiration date will result in my ineligibility to participate in activities until a new waiver is executed.

I Agree


ASSUMPTION OF RISKS 

I, the Participant, acknowledge and fully understand that participation in activities on The Hill, involves dangerous conditions and significant hazards and risk, including but not limited to:

  • Slips, trips, and falls resulting in serious injury or death;
  • Unpredictable, extremely steep, slippery, unmarked terrain;
  • Rockslides, falling debris, hazardous rock on trails and cliffs, and other natural hazards;
  • Loose, uneven, walking surfaces with no handrails and no fall breaks or fences on unprotected cliffs resulting in serious injury or death;
  • Encounters with wildlife, domestic animals, insects, falling trees or tree branches, sharp sticks and branches, ice and snow, viruses, bacteria, fungi, or other environmental hazards;
  • Fatigue, exhaustion, dehydration, or hypothermia;
  • Medical emergencies due to remoteness of the location; there is no staff on The Hill; 
  • Unpredictable art installations falling, equipment falling, gathering spaces being in dangerous places, and the use of natural materials for equipment/building supplies;
  • Negligence of other participants or third parties;
  • Weather conditions and wildfire, including burns, extreme heat, cold, rain, and lightning;
  • Conditions, circumstances, and dangers not known or anticipated by me.

Devices such as, but not limited to, anchors, bolts, pitons, ladders, handrails, and staircases, may not have been properly placed by qualified professionals and are not tested/monitored beyond what is currently supplied on the The Hill website. I accept full responsibility in testing and inspecting devices before use. I accept the risk involved in using these devices. 

I Agree


I voluntarily assume full responsibility for these and all other risks, whether known or unknown, related to my use of The Hill. I assume all risks arising from my activities at, use of, and presence at The Hill, including all risk of injury and death, from any cause whatsoever. 

I am aware of and freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property loss or damage resulting therefrom.

I acknowledge that The Hill makes no representations regarding the safety, condition, or maintenance of the trails, climbing walls, art installations, or gathering spaces and I assume all risks associated with their use, whether or not hazards are known to The Hill.



RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT


In consideration of being permitted access to The Hill, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:


1. TO WAIVE ANY AND ALL CLAIMS that I, my heirs, successors, executors, administrators, representatives and assigns now have or may in the future have against the Releasees arising from or associated with my use of or presence at The Hill.

2. TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense, or injury or death that I may suffer, as a result of my use or presence at The Hill to any cause whatsoever, INCLUDING NEGELIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY, COMMON LAW OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT R.S.B.C.1996, Chapter 337.

3. NOT TO SUE OR COMMENCE ANY LEGAL PROCEEDINGS against the Releasees in respect of any loss, damage, injury, or expense that I may sustain as a result of my use of or presence at The Hill.

4. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability (including any award of damages, costs and expense, including any legal fees, at the rate charged by the lawyers acting for the Releasees) for any damage to property of, or personal injury to, any third party, resulting from my use of or presence at The Hill. 

5. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability, damages, cost and expense, including legal fees at the rate charged by the lawyers acting for the Releasees, in the event that any legal proceeding is commenced against the Releasees seeking compensation for any loss, damage, injury or expense that I may sustain as a result of my use of or presence at The Hill. I shall be responsible for alllegal costs, including but not limited to attorney fees, court costs, and damages incurred by The Hill in defending such claims.

6. This agreement shall be effective and binding upon myself and my heirs, successors, executors, administrators, representatives, and assigns in the event of my death and incapacity.

7. In entering into this agreement, I am not relying upon and oral or written representations or statements made by the RELEASEES other than as set forth in this Release and Agreement. I have read and fully understand this Agreement; I am signing this Agreement voluntarily and without inducement; I have had the opportunity to seek independent legal advice before signing. I have been given ample time to consider the waiver and ask any questions I may have.

I WILL STAY ON DESIGNATED TRAILS FOR SAFTEY AND CONSERVATION PURPOSES. This is a community wellness project and we want you to keep your body safe.

I confirm that I am not under the influence of drugs or alcohol while participating in activities on The Hill. I understand that The Hill is not responsible for injuries or incidents that occur as a result of impaired judgment.

I will not recreate outside of sunup to sundown. There is no overnight sheltering, camping or campfires available on The Hill and to be onsite past sundown is a trespass. 

I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN RIGHTS WHICH I OR MY HEIRS, SUCCESSORS, EXECUTORS, ADMINISTRATORS, REPRESENTATIVES, AND ASSIGNS MAY HAVE OR MAY HEREAFTER AQUIRE AGAINST THE RELEASEES. 


First Participant's Name
First Name*
Middle Name
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*

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. 

I am the legal guardian of the Applicant. I acknowledge that the Applicant and I have both read this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement. I understand, and have ensured that the Applicant understands, appreciates, freely accepts and fully assumes the risks, dangers, and hazards referred to in this Agreement, and agrees to its terms. I hereby certify, represent, and warrant that the Applicant has the skill, training, and judgement and equipment to safely undertake all activities which the applicant will undertake at The Hill. As the legal guardian of the Applicant, and on behalf of the Applicant, I HEREBY agree to all of the terms of this release and indemnity agreement, and agree that this release and indemnity agreement shall be fully enforceable as against the Applicant and the Applicant's, successors, executors, administrators, representatives and assigns in the same manner as if the Applicant had been of the full age of consent. I FURTHER AGREE TO INDEMNIFY AND SAVE HARMLESS the Releasees from any and all liability, damage, cost, and expense, including legal fees at the rate charged by the lawyers acting for the Releasees, should the Applicant, Applicant’s heirs, successors, executors, administrators, representatives or assigns commence any legal proceeding against any of the Releasees with respect to any matter arising from or associated with the Applicant’s use of or presence at The Hill. I FURTHER AGREE TO INDEMNIFY AND SAVE HARMLESS the Releasees from any and all liability, damage, cost and expense, including legal fees at the rate charged by the lawyers acting for the Releasees, should any third party commence any legal proceeding against the Releasees as a result of any action or failure to act on the part of the Applicant with respect to any matter arising from or associated with the Applicants use or presence at The Hill. 




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*
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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