BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THIS RELEASE AGREEMENT REMAINS IN EFFECT FOR THE DURATION OF PARTICIPATION UNLESS SUPERSEDED
TO: ON THE ROCKS CLIMBING GYM (2008) LTD., ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, VOLUNTEERS, INSTRUCTORS, GUIDES, AGENTS, AND REPRESENTATIVES (collectively, the “Releasees”) ACTIVITIES COVERED This Release Agreement applies to all outdoor activities, programs, and services provided, organized, arranged, or facilitated by On The Rocks Climbing Gym (2008) LTD., including but not limited to: · Outdoor rock climbing (top rope, lead, and bouldering) · Multi-pitch climbing instruction and guided trips · Traditional (“trad”) climbing instruction and practice · Outdoor anchor building and rappel setup instruction · Belay instruction and supervision in outdoor environments · Technical skills development and instruction, including but not limited to rescue techniques, rope management, anchor construction, rappelling systems, ascending systems, and emergency response procedures · Use of climbing equipment (ropes, harnesses, helmets, protection, etc.), whether rented, owned, or personally supplied · Navigation and route-finding instruction · Hikes and approaches to climbing sites, including scrambling and traveling over uneven terrain · Wilderness travel in varied weather, terrain, and environmental conditions · Environmental and Leave No Trace education · Overnight camping or basecamp-based climbing excursions · Transportation to and from outdoor climbing areas, whether by foot or vehicle · Emergency scenario simulations and response drills · Any additional instructional or guided climbing activity offered in outdoor settings Participants acknowledge that these activities may take place in uncontrolled, rugged, and remote terrain where communication may be limited and emergency response delayed. ACKNOWLEDGEMENT OF RISK I AM AWARE THAT PARTICIPATION IN OUTDOOR CLIMBING AND WILDERNESS ACTIVITIES INVOLVES SIGNIFICANT RISKS, including but not limited to: exposure to variable and extreme weather; falling rocks or debris; equipment failure, malfunction, or misuse; falls from height, including during belaying or rappelling; failure of anchors or protection systems; uneven, slippery, or steep terrain; becoming lost or separated from the group; wildlife encounters; exposure to allergens or contaminated food or water; errors in judgment or decision-making by participants or instructors; risks associated with transportation to and from activity locations; and delayed, unavailable, or unsuccessful emergency response, rescue, or medical assistance. I acknowledge that the above list is not exhaustive and that other unforeseen risks may arise. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS, AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR LOSS RESULTING THEREFROM. I ACKNOWLEDGE THAT INSTRUCTORS, GUIDES, OR STAFF may fail to predict or assess hazards, terrain, weather, or conditions, and that such errors in judgment are an inherent risk of the activities. I UNDERSTAND THAT NEGLIGENCE includes a failure by the Releasees to take reasonable steps to safeguard or protect me from, or to warn me of, the risks, dangers, and hazards associated with these activities. I UNDERSTAND THAT THE RELEASEES MAY NOT BE ABLE TO FORESEE OR PROTECT ME FROM ALL OF THE RISKS, AND THAT THEIR ACTIONS MAY BE NEGLIGENT. I accept full responsibility for any injury, death, loss, or damage that may result. EMERGENCY COMMUNICATIONS AND RESCUE RESPONSIBILITY I acknowledge that communication during activities, particularly in outdoor or remote settings, may be unreliable or unavailable. In the event of an emergency, communication delays may occur, and I understand that timely rescue, evacuation, or medical assistance cannot be guaranteed. I acknowledge that rescue or evacuation may be initiated by third parties and that such services may not be timely, available, or successful. I understand and agree that any non-scheduled or emergency evacuation, rescue operations, or first aid services initiated as a result of my participation in activities may incur additional costs. I agree that I am solely responsible for all such costs, including those involving third-party medical providers, transport (including air or ground), and any logistical or administrative expenses associated with the incident. I confirm that I have reviewed my personal medical insurance or travel insurance coverage and understand whether it includes or excludes such evacuation or rescue expenses. WAIVER OF CLAIMS AND INDEMNITY 1. I WAIVE ANY AND ALL CLAIMS I may have against the Releasees for any loss, damage, injury, or death resulting from participation in activities due to any cause, including negligence, breach of contract, or breach of statutory duty (e.g., under the Occupiers Liability Act). 2. I UNDERSTAND THAT THIS WAIVER APPLIES EVEN IF THE RELEASEES ARE NEGLIGENT OR AT FAULT. 3. I AGREE TO HOLD HARMLESS AND INDEMNIFY the Releasees from liability for property damage or injury to any third party resulting from my actions. 4. This agreement shall bind my heirs, next of kin, executors, administrators, and representatives. 5. This agreement is governed by the laws of the Province of British Columbia and any litigation must occur within British Columbia. 6. I acknowledge I am not relying on any oral or written representations about the safety of activities outside of this agreement. |