In consideration of being permitted by SKYSTEPS CLIMBING GYM LTD. to use its indoor wall climbing gym and related equipment and facilities, including, but not limited, to climbing walls now and in the future referred to herein as the “Climbing Gym”, I, the undersigned, on behalf of myself and my child or guardian (both of us hereinafter referred to as “I,” “we,” “us” or “Participant”), my spouse, parents, heirs, estate, insurers and assigns (collectively, the “RELEASING PARTIES”) hereby agree to this Assumption of Risk, Release and Waiver of Liability and Indemnity Agreement (the “Release and Waiver”) as follows: 1. Acknowledgment and Assumption of Inherent Risks and Dangers. I acknowledge and agree that the Climbing Gym entails certain physical exertion and risks for Participants that simply cannot be eliminated without jeopardizing the essential qualities of the activities of the Climbing Gym and regardless of the care taken by SKYSTEPS and its staff members. The Climbing Gym imposes inherent risks for Participants such as minor or serious injuries resulting from falling, tripping, slipping, collisions, or being hurt or injured by improper use or operation of safety equipment such as ropes, harnesses, landing pads or other safety devices. Other more serious risks exist as well and the possibility of permanent disability or death could occur. Inherent risks of the Climbing Gym may be affected by a number of factors, including, but not limited to, Participant’s physical strength, coordination, sense of balance, size, experience, training, proper use of safety equipment and access and proximity to medical care. Further, the acts or omissions of other attendees at the Climbing Gym can also cause injury and even death to Participants. I acknowledge and understand that any medical care required by me or Participants as a result of our use of the Climbing Gym will be at the sole cost and expense of us. I further acknowledge and understand use of the Climbing Gym is voluntary and that we knowingly assume all inherent risks of our use of the Gym. I acknowledge and agree that each belay system located in the Climbing Gym accommodates a minimum weight of 33 pounds (15 kg) to 220 pounds (100 kg), and that weight over such amounts creates a hazardous and dangerous condition. I further acknowledge and understand that the Climbing Gym's belay systems accommodate weights of 33 lbs (15kg) to 220 lbs (100 kg) only. 2. Unconditional Release and Indemnification. The RELEASING PARTIES hereby agree to, release, hold harmless, defend and indemnify Skysteps Climbing Gym Ltd., its owners, shareholders, members, partners, employees, directors, officers, managers, volunteers, manufacturers, participants, lessors, affiliates, subsidiaries, related and affiliated entities, successors and assigns (collectively, the “RELEASED PARTIES”) from and against, and shall pay and reimburse each of them for, any and all claims, actions, liabilities, suits, injuries, demands, obligations, losses, settlements, judgments, damages, fines, penalties, costs and expenses, including attorney’s fees and other expenses (collectively, a “Claim”) incurred or sustained by, or imposed upon, any or all of the RELEASING PARTIES based upon, arising out of or from, with respect to or by reason of, my or Participant’s death, injury or loss due to the use of the Climbing Gym (including, without limitation, those arising from the inherent risks of such activity or the ordinary negligence of any or all of the RELEASED PARTIES or other third parties, including, without limitation, other attendees at the Climbing Gym). The RELEASING PARTIES further agree to hold harmless, defend and indemnify the RELEASED PARTIES against any and all Claims of co-Participants, rescuers and other attendees at the Climbing Gym arising from my or Participant’s use of the Climbing Gym. The right to indemnification conferred in this Release and Waiver by the RELEASING PARTIES shall be to the fullest extent permitted by the laws of the Province of British Columbia, as the same exists or may hereafter be amended (but, in the case of any such amendment, only to the extent that such amendment permits the RELEASING PARTIES to provide broader indemnification rights than said law permitted the RELEASING PARTIES to provide prior to such amendment), or by other applicable law as then in effect. THIS WAIVER AND RELEASE DOES NOT EXTEND TO CLAIMS FOR SKYSTEPS’S GROSS NEGLIGENCE, WILLFUL OR WANTON MISCONDUCT, RECKLESS NEGLIGENCE, INTENTIONAL TORTS OR ANY OTHER LIABILITIES THAT BRITISH COLUMBIA LAW DOES NOT PERMIT TO BE RELEASED BY AGREEMENT. 3. Agreement to Follow Rules. I acknowledge that certain rules have been established for my and Participant’s safe use and enjoyment of the Climbing Gym and I agree to abide by all such rules set by SKYSTEPS and its staff members. I confirm that I will attend mandatory safety briefing at the beginning of each visit to the Climbing Gym and will ensure that all Participants under my supervision also attend or are informed of the safety rules provided during the briefing. I understand it is my responsibility to ensure that Participants also comply with all applicable rules while on any part of the Climbing Gym’s property. I further confirm that I have read, understand, and will follow the safety rules to any Participants under my supervision, including the proper safety equipment, such as ropes, harnesses, and clipping systems, and I will ensure their compliance with these rules and all instructions provided during the safety briefing. Further, I agree to and will ensure Participants climb the wall structures according to the rules which have been explained in the safety briefing prior to each climbing session and to follow all directions given by any staff member and understand that failure to follow such rules and directions will result in eviction from the Climbing Gym without a refund. For Participants in supervised programs, I agree to ensure they refrain from aggressive, disruptive, or unsafe behavior that could endanger themselves or others, and acknowledge that failure to comply may result in removal from the program without a refund. 4. Health and Medical Care. I represent that I and Participants are in good health and have no medical, physical, or behavioral conditions that prohibit us from using or climbing the wall structures or participating safely in climbing activities at the Climbing Gym, including supervised programs. For supervised programs, Parent or Guardian agrees to disclose to SKYSTEPS any known medical, physical, or behavioral conditions that could affect Participant’s safety or the safety of others, and acknowledges that failure to disclose such conditions may result in increased risk for which SKYSTEPS is not liable, to the extent permitted by British Columbia law. I authorize a licensed medical care provider to carry out any emergency medical care which may be necessary and I acknowledge and accept full responsibility for any associated costs and expenses of such medical care for me and/or Participants. For supervised programs, SKYSTEPS will make reasonable efforts to promptly notify Parent or Guardian of any emergency involving Participant(s), where feasible and permitted by British Columbia law. 5. Release of Photographs and Recordings. I grant SKYSTEPS the irrevocable right and permission to photograph and/or record me or Participants while at the Climbing Gym, including during supervised programs, and to use such photographs and/or recordings for advertising, promotional and educational purposes related to SKYSTEPS, without limitation or restriction, and with the right to edit, crop, retouch, Photoshop or make other changes or alterations to such photographs and/or recordings. I understand that I am waiving any right to inspect or approve such photographs and/or recordings and, any changes or alterations thereto or the use thereof, and that such photographs and/or recordings may be used with or without associating names thereto. I further acknowledge and agree to waive any claim for compensation of any kind for SKYSTEPS’s use or publication of any photographs and/or recordings of me or Participants. All photographs and/or recordings are exclusive to SKYSTEPS. 6. Supervised Programs. If any Participant is enrolled in SKYSTEPS’s supervised programs, including after-school programs, summer camps, day camps, and drop-off sessions (collectively, the “Programs”), the following additional terms apply: a. Supervision and Responsibility. SKYSTEPS assumes full responsibility for the care and supervision of Participants during the Programs. SKYSTEPS ensures that Coaches are trained and, where required by British Columbia law, undergo background checks to maintain a safe environment. SKYSTEPS maintains reasonable staff-to-Participant ratios compliant with applicable British Columbia laws and industry standards, subject to the inherent risks described in Section 1. SKYSTEPS reserves the right to schedule drop-off sessions with flexibility, including last-minute arrangements, subject to availability and compliance with safety protocols. b. Additional Indemnification for Supervision. To the fullest extent permitted by British Columbia law, the RELEASING PARTIES agree to indemnify the RELEASED PARTIES against any Claims arising from SKYSTEPS’s supervision of Participants during the Programs, except for Claims arising from SKYSTEPS’s gross negligence, willful or wanton misconduct, reckless negligence, intentional torts, or liabilities that British Columbia law does not permit to be released. c. Data Privacy. Emergency contact information and Participant details provided for Programs will be used solely for safety and Program administration purposes, in compliance with applicable British Columbia privacy laws. d. Force Majeure. To the fullest extent permitted by British Columbia law, SKYSTEPS shall not be liable for any Claims arising from Program cancellations, interruptions, or incidents caused by events beyond SKYSTEPS’s reasonable control, including but not limited to natural disasters, government actions, power outages, or facility issues. e. Insurance. Where applicable by law, SKYSTEPS maintains appropriate liability insurance to cover its operations. 7. Mediation or Arbitration. I AGREE THAT IF ANY DISPUTE SHALL ARISE FROM THIS RELEASE AND WAIVER OR MY OR PARTICIPANT’S USE OF AND RELATED PRESENCE ON THE PREMISES OF THE CENTER, INCLUDING PARTICIPATION IN SUPERVISED PROGRAMS, I SHALL FIRST ENGAGE IN GOOD FAITH EFFORTS TO MEDIATE THE DISPUTE. ANY AGREEMENT REACHED WILL BE FORMALIZED BY A WRITTEN AGREEMENT AT THAT TIME. SHOULD THE ISSUE NOT BE RESOLVED BY MEDIATION, I AGREE THAT ALL CLAIMS AND DISPUTES ARISING UNDER OR RELATING TO THIS RELEASE AND WAIVER OR THE USE OF OR RELATED PRESENCE ON THE PREMISES OF THE CLIMBING GYM ARE TO BE SETTLED BY BINDING ARBITRATION IN THE PROVINCE OF BRITISH COLUMBIA. THE ARBITRATION SHALL BE CONDUCTED ON A CONFIDENTIAL BASIS PURSUANT TO THE COMMERCIAL ARBITRATION RULES OF THE JAMS. ANY DECISION OR AWARD AS A RESULT OF ANY SUCH ARBITRATION PROCEEDING SHALL BE IN WRITING AND SHALL PROVIDE AN EXPLANATION FOR ALL CONCLUSIONS OF LAW AND FACT. ANY SUCH ARBITRATION SHALL BE CONDUCTED BY ONE ARBITRATOR WHO SHALL BE A RETIRED JUDGE OF ANY BRITISH COLUMBIA COURT OR FEDERAL COURT LOCATED IN THE PROVINCE OF BRITISH COLUMBIA. AN AWARD OF ARBITRATION MAY BE CONFIRMED IN ANY BRITISH COLUMBIA COURT OF COMPETENT JURISDICTION. THE ARBITRATOR’S AWARD SHALL BE IN WRITING AND PROVIDE A WRITTEN STATEMENT OF THE ESSENTIAL FINDINGS AND CONCLUSIONS. THE ARBITRATOR SHALL NOT HAVE THE POWER TO COMMIT ANY ERROR OF LAW OR LEGAL REASONING, AND THE AWARD MAY BE VACATED OR CORRECTED ON APPEAL TO A COURT OF COMPETENT JURISDICTION FOR ANY SUCH ERROR. THIS ARBITRATION PROVISION IS SUBJECT TO THE BRITISH COLUMBIA ARBITRATION ACT, AND MAY BE ENFORCED IN ANY BRITISH COLUMBIA COURT OF COMPETENT JURISDICTION LOCATED IN THE PROVINCE OF BRITISH COLUMBIA. 8. Severability. I further expressly agree that this Release and Waiver is intended to be as broad and inclusive as is permitted by the laws of the Province of British Columbia and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect. 9. Choice of Law. This Agreement shall be interpreted and construed under and governed by the laws of the Province of British Columbia, without giving effect to that Province's choice of laws. 10. Acknowledgement of Understanding. I have read this Release and Waiver and fully understand its terms. I understand that I am giving up substantial rights, including, without limitation, my rights, Participant’s rights, and the rights of the RELEASING PARTIES to sue for damages in the event of death, injury or loss. I acknowledge that I am signing this Release and Waiver freely and voluntarily and intend, by my signature below, that this Release and Waiver be a complete and unconditional release of the RELEASED PARTIES from all liability, including, without limitation, that due to inherent risks of the activities described herein and the ordinary negligence of the RELEASED PARTIES, to the greatest extent allowed by the laws of the Province of British Columbia. 11. Misrepresentation and Fraudulent Execution of This Agreement. I AGREE TO INDEMNIFY THE RELEASED PARTIES FOR ALL LIABILITY AND CLAIMS, INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, ARISING FROM ANY MISREPRESENTATIONS OR FRAUDULENT EXECUTION OF THIS RELEASE AND WAIVER. 12. Legal Name The RELEASING PARTIES agree that this Agreement is binding regardless of whether the Parent or Guardian signs with a legal name, nickname, or other identifier, provided the signer is the authorized parent or legal guardian of the Participant(s), and any misrepresentation of identity shall not invalidate the Agreement’s terms to the fullest extent permitted by British Columbia law. 13. Application of this Agreement. I ACKNOWLEDGE THAT THIS RELEASE AND WAIVER WILL APPLY EACH AND EVERY TIME I OR PARTICIPANTS ATTEND THE CENTER, USE ANY OF ITS EQUIPMENT OR FACILITIES OR PARTICIPATE IN ANY OF ITS ACTIVITIES. 14. Complete Agreement. This Release and Waiver is the entire agreement and understanding of the RELEASING PARTIES and the RELEASED PARTIES with respect to the subject matter hereof and supersedes all prior agreements and understandings regarding the subject matter hereof. Provided below is my name and contact information in the event of an emergency and the name and date of birth of each Participant. I HAVE READ THIS RELEASE AND WAIVER, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME OR PARTICIPANTS AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE AND WAIVER OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. Date and Signature of Parent or Guardian Date: June 7, 2026 |
