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Release of Liability, Waiver of Claims, and Assumption of Risks

BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION

PLEASE READ CAREFULLY!


In consideration of KLIMAT 2.0 INC., a corporation duly incorporated pursuant to the Canada Business Corporations Act. (the "Company") permitting the individual named below ("I" or "me") to participate in indoor bouldering, using physical training equipment and participating in physical training programs (the “Activities”), and for other good and valuable consideration, I agree to all the terms and conditions set forth in this agreement (this "Agreement"). 


ASSUMPTION OF RISKS

I CONFIRM THAT I AM AT LEAST 18 YEARS OF AGE AND HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT.


I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES INVOLVE MANY RISKS, DANGERS, AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE RISK OF SERIOUS INJURY, DEATH, OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH FULL KNOWLEDGE OF THESE RISKS. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS, AND HAZARDS INVOLVED AND THE POSSIBILITY OF INJURY, DEATH, OR PROPERTY DAMAGE THAT MAY RESULT FROM MY PARTICIPATION IN THE ACTIVITIES, REGARDLESS OF THE CAUSE.


I UNDERSTAND THAT THE FOLLOWING ELEMENTS DESCRIBE SOME, BUT NOT ALL, THE RISKS OF INDOOR BOULDERING/CLIMBING AND PHYSICAL TRAINING:

  1. Sliding, tripping, falling or collapsing painfully while using the installations, material, climbing walls, floors, training area, change room or stairs;
  2. Incorrect usage of the materials, installation, and equipment failures;
  3. Surprise falls due to my incorrect position, incorrect spotting or unsuspected loss of control;
  4. My health, physical strength, coordination, balance, as well as my ability to follow or give directions while climbing, bouldering or performing physical activity may not be sufficient to safely practice the Activities;
  5. Fatigue, shivers and drowsiness that can reduce my reaction time and increase potential risk;
  6. Scratches caused by the equipment; and
  7. Presence, actions or falls of other participants.

I UNDERSTAND THAT THIS IS NOT AN EXTENSIVE DESCRIPTION AND THAT OTHER UNKNOWN RISKS COULD CAUSE INJURY, SICKNESS OR DEATH.


I AGREE TO PLAY AN ACTIVE ROLE IN RISK MANAGEMENT BY HAVING A PREVENTIVE ATTITUDE TOWARDS MYSELF AND OTHERS AROUND ME. 



WAIVER AND RELEASE OF CLAIMS

I hereby expressly waive and release any and all claims which I have or may in the future have against the Company, its affiliates, and their respective directors, officers, employees, agents, representatives, shareholders, successors, and assigns (collectively, "Releasees"), on account of injury, death, or property damage arising out of or attributable to my participation in the Activities, EXCEPT for claims arising from gross negligence, willful misconduct, or criminal acts of the Releasees. This release includes claims that may arise from the ordinary negligence of the Releasees, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation.


I SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ALL OTHER RELEASEES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE LEGAL FEES, IN CONNECTION WITH ANY THIRD-PARTY CLAIM, SUIT, ACTION, OR PROCEEDING ARISING OUT OF OR RESULTING FROM MY PARTICIPATION IN THE ACTIVITIES, EXCEPT FOR CLAIMS ARISING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR CRIMINAL ACTS OF THE RELEASEES.



ENTIRE AGREEMENT

This Agreement constitutes the entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving the parties' original intent. This Agreement is binding on and shall ensure to the benefit of me and my heirs and next-of-kin, and the Company and its successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of the Province of Ontario, and I hereby consent to the exclusive jurisdiction of such courts.


I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS, AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE THE COMPANY AND THE RELEASEES. 


Participant Signature:






First Participant's Name
First Name*
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Information
Gender*
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Second Participant's Information
Gender*
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Information
Gender*
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Information
Gender*
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Information
Gender*
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Information
Gender*
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Information
Gender*
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Information
Gender*
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Information
Gender*
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Information
Gender*
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive news and updates.
Emergency Contact
First Name*
Last Name*
Emergency Contact's Phone Number*
Please complete the following with "Yes I understand":
that in order to increase my safety, I must practice falling by increasing fall height progressively. *
that for my safety, I must participate in a short orientation with a Klimat staff before climbing. *
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


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*
Last Name*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Parent or Guardian's Information
Gender*
Parent or Guardian's Signature*
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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