Terms and Release of Liability Waiver

The Cove Bouldering Incorporated

TERMS AND RELEASE OF LIABILITY WAIVER

WARNING: Bouldering is inherently a dangerous sport.

I understand that I must read this agreement carefully.

I Agree

DEFINITIONS

1. The term “this Waiver” shall include this document and all of the contents here within.

2. The term “the Gym” shall include The Cove Bouldering Incorporated and its directors, officers, employees, and affiliates.

3. The term "the Activities" shall include any activity, event or service provided, organized, sponsored, or authorized by the Gym, including: climbing; competitions; demonstrations; orientation and instruction sessions, seminars and courses; and all other such activities, events or services connected with or related to the Gym.

4. The term “the Facilities” shall include The Cove Bouldering Incorporated facilities and any other property where the Gym conducts any of their Activities.

5. The term “Personal Injury” shall include without limitation: death, brain injury, paralysis, wounding, bruising, abrasions, and other bodily or psychological injury.

6. The term “Property Loss” shall include any and all personal property that is lost, stolen, or damaged

I understand with all the definitions in this Waiver.

I Agree

ASSUMPTION OF PERSONAL INJURY RISKS

I fully understand that the Activities are inherently dangerous and that participating in them involves the risk of Personal Injury, which includes without limitation: death, brain injury, paralysis, wounding, bruising, abrasions, and other bodily or psychological injury. I fully understand that Personal Injury may be caused by failure of climbing equipment including climbing holds or any other equipment associated with or related to climbing; failing to climb safely or within one’s own ability; negligence on the part of instructors or supervisors or other climbers; and negligence on the part of the Gym, including the failure of the part of the Gym to take reasonable steps to protect me from the risks, dangers, and hazards of the Activities.

I understand all the risks of damage or loss arising from Personal Injury, and I agree to assume all risk of damage or loss arising from Personal Injury.

I Agree

ASSUMPTION OF PROPERTY LOSS RISKS

I fully understand that my personal property which I bring to the Facilities can be stolen, lost, or damaged through no fault of the Gym.

I understand all the risks of damage or loss arising from Property Loss, and I will assume all risk of damage or loss arising from Property Loss.

I Agree

MEDIA RELEASE

I understand that the COVE BOULDERING & CAFE has a social media presence and I may appear on any one of the accounts in the background. This may include a photograph or video while I am climbing, in the training area or in the café. If I do not consent to having my photo or video online then I will let staff know and a note will be made on my account.

I Agree

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY

In consideration of the Gym allowing me to participate in the Activities (climbing or other) and permitting my use of their climbing walls, equipment and other facilities, and for other good and valuable consideration, I hereby understand and agree to the following statements:

1. I agree to waive any and all claims that I have or may have in the future against the Gym, and to release the Gym from any and all liability for any Personal Injury or Property Loss that I or my next of kin may incur as a result of my participation in the Activities, due to any cause whatsoever, including negligence, breach of contract, or breach of duty of care on the part of the Gym, and any failure on the part of the Gym to take reasonable steps to protect me from risks, dangers, and hazards of the Activities.

2. I agree to hold harmless and indemnify the Gym from any and all liability for Personal Injury or Property Loss to any third party, due to my participation in the Activities.

3. This Waiver shall be effective and binding upon my heirs, next of kin, executors, administrators, and representatives, in the event of my death or incapacity.

4. This Waiver and any rights, duties, and obligations between the parties in this Waiver shall be governed by and interpreted solely in accordance with the laws of the Province of Newfoundland and Labrador and no other jurisdiction.

5. Any litigation involving the parties in this Waiver shall be brought solely within the Province of Newfoundland and Labrador, and shall be within the exclusive jurisdiction of the Courts of the Province of Newfoundland and Labrador.

6. In entering into this Waiver I am not relying on any oral or written representations or statements made by the Gym with respect to the safety of the Activities, other than what is set forth in this Waiver.

I hereby understand to the above statements.

I Agree

AGREEMENT TO WAIVER

I have had sufficient opportunity to read this Waiver. I have read and understood and I agree to be bound by the terms of this Waiver. I am aware that by signing, I am waiving certain legal rights, which I or my next of kin, executors, and representatives may have against the Gym.

IF THE PARTICIPANT IS 19 YEARS OF AGE OR OLDER, the participant must agree that they are subject to all the terms of this Waiver, as set forth above.

Today's date: January 9, 2025

I Agree

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First Participant's Name

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First Participant's Date of Birth*

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First Participant's Signature*

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Second Participant's Name

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Second Participant's Date of Birth*

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Third Participant's Name

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Third Participant's Date of Birth*

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Fourth Participant's Name

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Fourth Participant's Date of Birth*

Fourth Participant's Pronouns

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Fifth Participant's Name

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Fifth Participant's Date of Birth*

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Sixth Participant's Name

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Sixth Participant's Date of Birth*

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Seventh Participant's Name

First Name*

Middle Name

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Seventh Participant's Date of Birth*

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Eighth Participant's Name

First Name*

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Eighth Participant's Date of Birth*

Eighth Participant's Pronouns

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Ninth Participant's Name

First Name*

Middle Name

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Ninth Participant's Date of Birth*

Ninth Participant's Pronouns

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Tenth Participant's Name

First Name*

Middle Name

Last Name*

Tenth Participant's Date of Birth*

Tenth Participant's Pronouns

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Parent or Guardian's Email Address

Email*

Confirm Email*

Check to receive occasional promotional e-mails from The Cove.

Participant's Address

Address Line 1:*

Street address, P.O. box, company name, c/o

Address Line 2:

Apartment, suite, unit, building, floor, etc.

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Emergency Contact

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Emergency Contact's Phone Number*

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

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Phone*

Parent or Guardian's Date of Birth*

Parent or Guardian's Pronouns

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Pronouns (if not included in above list)

Parent or Guardian's Signature*

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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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