ROCK CLIMBING IS DANGEROUS! READ CAREFULLY BEFORE SIGNING AND NOTE THAT BY SIGNING THIS AGREEMENT, YOU GIVE UP THE RIGHT TO SUE FOR ANY DAMAGES, HOWSOEVER CAUSED. YOU MUST BE 18 YEARS OF AGE OR OLDER TO SIGN THIS AGREEMENT. EACH ADULT MUST SIGN THEIR OWN AGREEMENT. THIS AGREEMENT MUST BE COMPLETED BY THE PARENT OR COURT-APPOINTED LEGAL GUARDIAN OF ANY PARTICIPANT UNDER THE AGE OF 18, OR BY THE AUTHORIZED REPRESENTATIVE OF ANY ADULT PARTICIPANT WHO LACKS LEGAL CAPACITY TO SIGN ON THEIR OWN BEHALF. Except where otherwise indicated by the context, all uses of the words “I”, “my”, “me” or other words in the singular shall be deemed to include myself and my child, children, or individual(s) without legal capacity on whose behalf I am signing, as applicable. For example, for a parent or legal guardian signing on behalf of a child under the age of 18, the phrase “my use of the Facilities” shall be read as “my use and my child’s use of the Facilities.” To: Rock Room Inc. (“Rock Room”) other participants at 319/313 Victoria Avenue East, Thunder Bay ON (the “Property”), the owners and lessors of the Property, and their directors, officers, shareholders, employees, volunteers, representatives, contractors, sponsoring agencies, sponsors, advertisers, successors and assigns (the “Releasees”). I acknowledge that this agreement limits the liability of the Releasees to the same extent as it limits the liability of Rock Room even though the Releasees are not formal parties to this agreement. I, hereby sign this agreement on behalf of myself, my personal representatives, heirs and assigns. I acknowledge that by signing this agreement, I am affirming that I have the legal capacity to sign this agreement. By entering into this Release Agreement, I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in the Activities, other than what is set forth in this Release Agreement. I Agree I have read this Release Agreement prior to signing it, have had sufficient opportunity to review its terms, fully understand its terms, and I am aware that by signing this Release Agreement I am waiving substantial legal rights which I or my heirs, next of kin, executors, administrators, assigns and representatives, may have against the Releasees. I confirm that I am signing this Release Agreement freely and voluntarily without any inducement, realizing that it is a legally binding document. I Agree By entering into this Release Agreement, I am also consenting to Rock Room's use of video and photo recording technology to collect my likeness for both administrative and promotional purposes. I Agree This Release Agreement shall continue indefinitely but may, at the option of Rock Room, be required to be replaced by the undersigned from time to time. I Agree I confirm that I have been provided with an opportunity to request a copy of this Release Agreement. ASSUMPTION OF RISKS I am aware that indoor rock climbing, bouldering, and other activities at the Facility (including the use of ropes and related equipment during special events) involve certain dangers and risks and by entering the Property and executing this agreement I VOLUNTARILY ASSUME ALL INHERENT RISKS associated with these activities and my use of Rock Room’s facilities including bouldering areas, the bouldering cave, and when in use during special events, belay equipment, ropes, harnesses, gri-gris and related climbing equipment, as well as mobility and fitness studios, lockers, washrooms, change rooms, and other facilities in the gym(s) or the parking facilities outside of the gym(s) (collectively, the “Facilities”). I understand that the inherent risks of indoor rock climbing, bouldering and my use of the Facilities include but are not limited to: SLIPPING, TRIPPING OR LOSS OF CONTROL; FALLING FROM A HEIGHT; COLLISION with the walls, floor, equipment, climbing holds, other persons, other climbers, falling climbers or fallen items, or exposed or hidden structural supports or beams; ENTANGLEMENT IN ROPES (where ropes are in use during a special event); MECHANICAL FAILURE of equipment including, but not limited to, belay equipment, ropes, harnesses, gri-gris, slings, anchor parts, climbing holds, or any part of the climbing wall (whether supplied by Rock Room, myself as signatory to this agreement, or others); VARIABLE AND DIFFICULT CLIMBING CONDITIONS; ILLNESS OR TRAUMA; THE PROXIMITY OF MEDICAL CARE, WHICH MAY OR MAY NOT BE READILY AVAILABLE; THE FAILURE TO ACT SAFELY OR WITHIN ONE’S OWN ABILITY OR TO STAY WITHIN DESIGNATED AREAS; and NEGLIGENCE AND HUMAN ERROR of Rock Room, the Releasees, other participants, climbers and/or other persons. I understand that ANY form of physical exercise, INCLUDING BUT NOT LIMITED TO INDOOR ROCK CLIMBING, BOULDERING AND USE OF THE FACILITIES carries elevated risks for individuals with elevated medical concerns, and that by signing this Release Agreement I am voluntarily assuming all risks associated with my use of the facility, included those which are unique to my individual medical circumstances. I FREELY ASSUME ALL SUCH DANGERS AND RISKS AND THE LOSS, DAMAGE, PROPERTY DAMAGE, EXPENSE OR INJURY INCLUDING DEATH RESULTING FROM ANY OF THE INHERENT RISKS OF EXERCISE, INDOOR ROCK CLIMBING, BOULDERING AND MY USE OF THE FACILITIES RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY In consideration of Rock Room’s permission to use the Facilities, I hereby for myself, my heirs, next of kin, executors, administrators, successors and assigns, agree as follows: 1. TO RELEASE, WAIVE AND FOREVER DISCHARGE Rock Room and the Releasees, from any and all liability for any loss, damage, expense or injury including death that I may suffer or my next of kin may suffer from my participation in activities at or use of the Facilities due to any cause whatsoever, including without limitation: MISTAKES OR ERRORS IN JUDGMENT, NEGLIGENCE, BREACH OF CONTRACT, BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACT, RSO 1990, c.O.2, AS AMENDED, ON THE PART OF THE RELEASEES, and including the failure on the part of the Releasees to safeguard or protect me from the risks described above. 2. TO WAIVE ALL CLAIMS AGAINST THE RELEASEES for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer, caused by or contributed to by, without limitation, falling from a height, collisions, slip and falls, trip and falls, mechanical breakdown or equipment failure, or poor design or placement of any equipment. 3. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES FROM ANY AND ALL LIABILITY for any property damage, personal injury or death to any third party resulting from my participation in activities at or use of the Facilities. 4. THIS AGREEMENT SHALL BE EFFECTIVE AND BINDING ON my heirs, next-of-kin, executors, administrators, assigns and representatives in the event of my death or incapacity. 5. THAT THIS AGREEMENT SHALL BE GOVERNED AND INTERPRETED solely by the laws of the Province of Ontario, with any litigation with respect hereto being brought solely within the exclusive jurisdiction of the courts of the Province of Ontario. AGREEMENT TO FOLLOW THE RULES OF ROCK ROOM 1. I agree that I will not consume any alcohol or any other substance which would impair my senses or judgment prior to or while using the Facilities I Agree 2. I agree that I will not boulder unless I have received the Boulder Safety Orientation from Rock Room staff and completed same to the satisfaction of Rock Room staff. I Agree 3. I agree that I will not boulder above 13 feet 6 inches from the bouldering pads, except in areas expressly designated by Rock Room for that purpose. I Agree 4. When ropes are in use during a special event, I agree that I will not belay unless I am knowledgeable and experienced at belaying AND certified to belay to the satisfaction of Rock Room staff. I Agree 5. When ropes are in use during a special event, I agree to assume full responsibility for correctly and safely putting on and fastening my climbing harness, and for ensuring that my harness and connection to the rope are checked by a qualified Rock Room staff member before climbing I Agree 6. When ropes are in use during a special event, I agree to assume responsibility for my choice in belayer. I Agree 7. I agree to promptly report any equipment defects, unsafe situations or injuries that I become aware of to Rock Room I Agree 8. I agree that I will not conduct any formal teaching of groups or paid coaching of individuals, except by express written permission of Rock Room. I Agree 9. I will not hold Rock Room responsible for any lost or stolen personal belongings. I Agree 10. I acknowledge that Rock Room has helmets available for all participants at no cost and that it is my responsibility to ask for a helmet if I choose to wear one. By not choosing to wear a helmet, I am voluntarily assuming any additional risks of injury caused by the failure to wear a helmet. I Agree 11. I understand that my climbing privileges may be revoked in the event that I engage in any activity deemed unsafe by Rock Room staff. I Agree MINOR AND SUPERVISED PARTICIPANTS: Any minor participant, and any adult participant for whom a guardian or authorized representative has signed this agreement, must be supervised at all times while at the Facility. Any participant under the age of 13, and any participant who requires additional support due to cognitive disability or other incapacity, must be directly supervised and spotted by a parent, guardian, authorized representative, or Rock Room staff member at all times while bouldering, and must not use the Facility unsupervised under any circumstances. During any special event at which ropes are in use, all minor participants must have their harness and rope connection checked by an adult or Rock Room staff member before climbing. I AM 18 YEARS OF AGE OR OLDER. I HAVE CAREFULLY READ THIS ENTIRE RELEASE AGREEMENT AND FULLY UNDERSTAND ITS TERMS. IF SIGNING ON BEHALF OF A MINOR CHILD OR AN ADULT WITHOUT LEGAL CAPACITY, I ACKNOWLEDGE THAT I AM THAT INDIVIDUAL’S PARENT, COURT-APPOINTED LEGAL GUARDIAN, OR AUTHORIZED REPRESENTATIVE, AND THAT I HAVE THE AUTHORITY TO WAIVE THEIR LEGAL RIGHTS AS SET OUT HEREIN. I UNDERSTAND THAT I AM REQUIRED TO COMPLETE ANY APPLICABLE ORIENTATION OR INSTRUCTION PRIOR TO USE OF ROCK ROOM’S FACILITIES AND EQUIPMENT. I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE ROCK ROOM, THE RELEASEES AND OTHER PARTICIPANTS, AND I SIGN THIS RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT FREELY AND VOLUNTARILY. DATE: March 24, 2026 |