Participants under 18 years of age (“The Minor”) require the witnessing and signature of a parent or legal guardian to this document before being allowed to use HANGINGSTONE facilities. I will need to present Photo Identification to validate this waiver during my first visit to HANGINGSTONE.
I Agree
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT I understand that it is my personal responsibility to consult with my physician prior to my participation in any programs or physical activities at HANGINGSTONE. I also understand that if at any time during any programs or physical activities, if I feel discomfort or strain it is my responsibility to cease the activity and consult with my physician. I understand that HANGINGSTONE reserves the right to refuse admission to anyone that HANGINGSTONE think may pose a health risk to themselves or to others. I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activities at HANGINGSTONE. Initials of Participant (if 18 years or older) or Parent/Legal Guardian (if Participant is a Minor.)
RISK AND DANGERS ACKNOWLEDGEMENT I ACKNOWLEDGE AND AM AWARE THAT THE FOLLOWING DESCRIBES SOME, BUT NOT ALL THE RISKS AND DANGERS OF USING HANGINGSTONE’ FACILITIES AND ACCEPT SAME ENTIRELY AT MY/OR THE MINOR’S OWN RISK: - Slips, trips, falls or painful crashes while using the facilities or equipment, bouldering areas, Fortress Ninja areas, landing pads, floors below, or adjacent to bouldering areas, work-out areas, bathroom facilities, or steps;
- Risk associated with traversing, climbing, down-climbing or dismounting from the climbing wall;
- Risk associated with swinging, jumping, flipping, climbing, erratic or over excited behaviour, unexpected equipment failure, and any other actions or behaviours associated with the use of ninja obstacle equipment;
- The presence, actions or falls of other participants be they accredited climbers/ninjas or not;
- Failure or misuse of holds, anchor points, climbing equipment, ninja equipment, or any part of the climbing walls and ninja areas;
- The risk that my health and physical strength, coordination, sense of balance, and ability to follow or give directions while climbing, spotting, using ninja equipment, or working out may not be sufficient to practice safely the sports of indoor rock climbing/bouldering/ninja;
- Fatigue, chill and/or dizziness, which may diminish my/our reaction time and increase the risk of accident;
- Cuts and abrasions resulting from skin contact with climbing panels and various holds, ledges, edges and any fixture, including injuries to the joints and knuckles of the hands;
- All manner of injury, including but not limited to bruises, scrapes, cuts, sprains, strains, dislocations, broken bones, and head, facial, or dental injuries, resulting from falling while using the climbing walls or ninja equipment, and impacting against climbing wall faces, protruding ledges, wall supports, any floor or padded flooring, or any other permanent or temporary fixture, including ninja equipment/rigging, or other persons;
- Injuries or death resulting from the actions or omissions of others, including but not limited to falling climbers/ninjas or dropped items such as (but not limited to), climbing hardware, wall parts, holds, ninja equipment, or personal effects;
- Injury or death due to improper use of any equipment or spotter error;
- Failure to follow the instructions of the staff of HANGINGSTONE, or failure to ask for information or assistance.
I acknowledge and understand that the above list is not inclusive of all possible risks associated with the facilities of HANGINGSTONE, climbing, and ninja and that other unknown or unanticipated risks may result in injury, illness, or death. The above list in no way limits the extent or reach of this assumption of risk, release of liability, and indemnification. I understand that no amount of care, caution, instruction or expertise can eliminate the inherent dangers associated with these activities. If executing this Agreement on behalf of the Minor, I acknowledge and agree that the Minor’s presence at and use of HANGINGSTONE has inherent dangers, including but not limited to the risks listed above, and that I have read to the Minor the above risks and initialed this section on behalf of the Minor. Initials of Participant (if 18 years or older) or Parent/Legal Guardian (if Participant is a Minor.)
INJURY AND ACCIDENT RELEASE ACKNOWLEDGEMENT I hereby acknowledge and agree to the following: In consideration of the use of the climbing walls, ninja equipment, fitness equipment and any of the facilities of HANGINGSTONE, I hereby release, waive, and discharge HANGINGSTONE, their affiliates, members, officers, directors, shareholders, employees, coaches, instructors, volunteers, agents, independent contractors, the landlord/owner of the buildings, the designers and engineers, manufacturers, installers and distributors of HANGINGSTONE’S artificial climbing walls and other equipment, and any of their respective members, officers, directors, employees, agents, or representatives, or any one or more of them (collectively, the “Released Parties”) from any and all liability, actions, causes of action, suits, debts, statutory obligations, sums of money, claims and demands of every nature and kind whatsoever, at law or in equity, which I/ or the Minor ever had, now have, or which I/ or the Minor may at any future time have against the Released Parties, or any one or some of them, arising out of or in any way connected with my/ or the Minor’s participation in any activity at HANGINGSTONE, including claims that allege negligent acts or omissions of the Released Parties, or claims arising from any statute, including, without limitation, the Occupiers’ Liability Act, R.S.A. 2000, c. O-4 (collectively, the “Claims”). I understand that by signing this Agreement, I am giving up the right to sue or make any Claim against the Released Parties on my behalf or on behalf of the Minor, and that this Agreement shall be binding on the heirs, executors, administrators, assigns, and personal representatives of myself or the Minor. If any portion of this Agreement is held invalid, I agree that the remainder of the Agreement shall remain in full legal force and effect. I appreciate that this Agreement applies whether the Released Parties are at fault or not and it limits the liability of all of the Released Parties, notwithstanding that not all of the Released Parties are formal parties to this Agreement. I understand that in securing execution of this Agreement by myself or by myself on behalf of the Minor, is acting as agent or trustee on behalf of or for the benefit of the Released Parties, who shall to this extent be or be deemed to be parties to this Agreement. Initials of Participant (if 18 years or older) or Parent/Legal Guardian (if Participant is a Minor.)
PROPERTY RELEASE, PHOTOGRAPH AND VIDEO RELEASE, AND RULES ACKNOWLEDGEMENTS I agree that the Released Parties is not responsible in the event of loss, damage, unauthorized use, theft, or injury resulting from and to any personal property that I or the Minor bring onto the premises of HANGINGSTONE. I understand that HANGINGSTONE shall not be responsible for the safekeeping, loss, theft or damage of my property or the property of any person that is brought into the Facility. I understand that should I or the Minor damage or break any of HANGINGSTONE’S equipment or property, I shall be liable for the reasonable cost of necessary repairs or replacements to such equipment or property. I authorize HANGINGSTONE to use, store or transfer, as HANGINGSTONE may consider necessary, my, or the Minor’s, personal information, for any and all purposes in connection with the Facility and services provided by HANGINGSTONE and/or for the purpose of promoting, improving and furthering the interests of HANGINGSTONE. I acknowledge this may include posting my, or the Minor’s photos (including any videos or still photographs made by HANGINGSTONE of my or the Minor’s likeness, poses, acts and appearances, or sound records made by HANGINGSTONE of my or the Minor’s voice) and/or names online, and/or in publications. I understand that HANGINGSTONE has general rules and equipment-specific rules. I understand that general and equipment-specific rules are posted in the facility of HANGINGSTONE. I agree that I will read and ensure that I understand the rules of HANGINGSTONE, or that I will read to the Minor and ensure that the Minor understands the rules of HANGINGSTONE, and that I or the Minor will abide by those rules, as well as others verbally stated by HANGINGSTONE staff, or employees and those posted throughout HANGINGSTONE. Initials of Participant (if 18 years or older) or Parent/Legal Guardian (if Participant is a Minor.)
COVID-19 VIRUS OR OTHER TRANSMITTABLE ILLNESSES ACKNOWLEDGEMENT
I UNDERSTAND THE CLIMBING, FITNESS, AND NINJA ACTIVITIES COULD RESULT IN EXPOSURE TO OR INFECTION WITH THE COVID-19 VIRUS OR ANY OTHER TRANSMITTABLE ILLNESSES, WHETHER CAUSED BY NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, WHICH CAN RESULT IN RESPIRATORY PROBLEMS, ORGAN FAILURE, TEMPORARY OR PERMANENT PHYSICAL OR MENTAL DISABILITY, AND/OR DEATH. I agree that I, or the Minor, will abide by the requirements and recommendations of federal, provincial, and municipal public health authorities (the “Government Rules and Recommendations”) in force at the time of my, or the Minor’s, participation in climbing, fitness, and ninja activities, and to those special safety regulations that may be put in place by HANGINGSTONE as they pertain to the COVID-19 virus or any other transmittable illnesses. Neither I nor the Minor will participate in any activities if I, or the Minor, have been advised by any medical authority, any government agency, or my or the Minor’s doctor to self-isolate due to possible exposure to COVID-19 or any other transmittable illness, or if my or the Minor’s participation would contravene the Government Rules and Recommendations in force as at the date of the proposed participation in climbing, fitness, and ninja activities. I acknowledge other persons at the HANGINGSTONE facility may be carrying the COVID-19 virus or other transmittable illnesses or recovered from it, and I acknowledge that I or the Minor have voluntarily chosen to assume any and all risks that these activities may expose me or the Minor to such infections. I acknowledge and agree that the above list is not inclusive of all possible risks associated with the HANGINGSTONE facility and climbing/ninja activities and in no way limits the extent or reach of this assumption of risk, release of liability, and indemnification. I understand that no amount of care, caution, instruction, or expertise can eliminate the inherent dangers associated with these activities. Initials of Participant (if 18 years or older) or Parent/Legal Guardian (if Participant is a Minor.)
If executing this Agreement on behalf of the Minor, I acknowledge and agree that the Minor's presence at, use of the HANGINGSTONE facility and participation in climbing activities has inherent dangers, including but not limited to the risks listed above, and that I have read to the Minor the above risks and initialed this section on behalf of the Minor. Initials of Participant (if 18 years or older) or Parent/Legal Guardian (if Participant is a Minor.)
I understand that HANGINGSTONE has general rules and equipment-specific rules. I understand that general and equipment-specific rules are posted in the HANGINGSTONE facility and that general rules can be found online at www.hangs.ca. I agree that I will read and ensure that I understand the rules of the HANGINGSTONE facility, or that I will read to the Minor and ensure that the Minor understands the rules of the HANGINGSTONE facility, and that I or the Minor will abide by those rules, as well as others posted throughout HANGINGSTONE. I understand that the HANGINGSTONE facility is protected by video surveillance and I consent to the use of video surveillance on behalf of myself or on behalf of the Minor. Initials of Participant (if 18 years or older) or Parent/Legal Guardian (if Participant is a Minor.)
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