THIS IS A RELEASE OF LEGAL RIGHTS. READ AND UNDERSTAND BEFORE SIGNING I hereby certify that I am the adult parent or guardian with legal responsibility of the minor named below, a minor child under the age of eighteen years (the “Minor”), and I consent to the Minor’s participation in the activities at ROCKHAUS CLIMBING INC. (hereinafter “ROCKHAUS CLIMBING”) including, but not limited to, climbing, bouldering, trainings, and special events (the “Activities”). I hereby agree to the following Waiver, and make the following representations: ACKNOWLEDGMENT OF RISK I ACKNOWLEDGE THE INHERENT RISKS IN ROCK CLIMBING and the use of ROCKHAUS CLIMBING’s facilities, including climbing on artificial surfaces. I am fully aware of and assume the risk of the Minor’s participation in the Activities including but not limited to, falls, collision with man-made and natural objects, rope abrasion, entanglement, and accidents which cannot be foreseen. I understand that the said risks may result in PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE to the Minor and/or others. PROTECTED PARTIES I am aware that in creating this Waiver, ROCKHAUS CLIMBING is contracting on its own behalf and as an agent for any and all of its owners, shareholders, contractors, employees, directors, officers, faculty, staff, agents and volunteers. This includes but is not limited to the owners of the land used to conduct the Activities, and buildings attached thereto (hereinafter referred to as the “Premises”). All previously mentioned parties in this section are hereinafter collectively referred to as the “Releasees”. REPRESENTATIONS I MAKE THE FOLLOWING REPRESENTATIONS PERSONALLY AND ON BEHALF OF THE MINOR AND AGREE THAT: i. The Minor will not consume any substance whatsoever which would impair their senses or judgement prior to or while using the facilities of ROCKHAUS CLIMBING;
ii. The Minor will not be permitted to climb or boulder on the climbing walls until they have completed a ROCKHAUS CLIMBING orientation; and,
iii. I understand that ROCKHAUS CLIMBING reserves the right to deny access to its facilities to any individual, including the Minor, permanently or for a specified period of time for any breach of any of the Safety Policies, or for any conduct that is viewed as unsafe or inappropriate.
ASSUMPTION OF RISK AND RELEASE OF LIABILITY In consideration of the Releasees undertaking to provide access to the Premises, services and/or equipment to enable the Minor’s participation in the Activities, I agree, personally and on behalf of the Minor named above, that: A. I ASSUME AND ACCEPT, WITHOUT LIMITATION, ALL RISKS AND DANGERS associated with the Minor’s participation in the Activities, including, but not limited to: i. Injuries resulting from falling climbers or dropped items;
ii. Cuts and abrasions resulting from skin contact with the climbing wall or any other surface;
iii. Failure of ropes, slings, harness, climbing holds, anchor points, hardware, or any part of the climbing wall;
iv. Increased risk of illness, personal injury or death resulting from exposure to or infection by the novel coronavirus, COVID-19 or its variations; and,
v. Those risks and dangers which may be unknown, unlikely, unforeseeable or impossible to predict or imagine at this time. B. I ASSUME FULL RESPONSIBILITY for the Minor’s understanding and following the rules and safe practices associated with the Activities for the Minor’s safety, and that of other parties on the Premises.
C. I RELEASE, WAIVE AND FULLY DISCHARGE THE RELEASEES from any and all claims, demands, obligations, suits, actions, and liabilities of any nature whatsoever for any loss, damage, injury, expenses, including legal fees and expenses, that the Minor may suffer arising from or connected, directly or indirectly, with the Minor’s presence at, or participation in the Activities, including, but not limited to, any claim based on negligence, gross negligence, breach of contract and breach of statutory duty or other duty.
D. I WILL INDEMNIFY AND HOLD HARMLESS THE RELEASEES from any and all liability for loss, damage, injury or expenses suffered or incurred by me or anyone else in connection with the Minor’s presence at the Premises, or participation in the Activities.
E. I ASSUME AND ACCEPT, WITHOUT LIMITATION, ANY AND ALL LIABILITY for loss, damage, injury or expenses to the Releasees or any and all third parties, caused or contributed to by the Minor while on the premises or while participating in the Activities including, but not limited to, any claim based on negligence, gross negligence, breach of contract and breach of statutory duty or other duty.
F. I RELEASE AND FOREVER DISCHARGE the Releasees from any cause of action or claim for damages, arising by reason of any disease, deterioration of health, illness or injury to the Minor, including death or loss of any property resulting from the Minor’s association with ROCKHAUS CLIMBING.
I AM AT LEAST EIGHTEEN YEARS OF AGE AND I UNDERSTAND THAT THIS WAIVER AND RELEASE OF LIABILTY (MINOR CHILD) IS A CONTRACT. I HAVE READ THIS DOCUMENT THOROUGHLY AND UNDERESTAND ALL ITS PROVISIONS. I UNDERSTAND THAT, BY SIGNING THIS DOCUMENT, I GIVE UP IMPORTANT LEGAL RIGHTS PERSONALLY AND ON BEHALF OF THE MINOR, INCLUDING THE RIGHT TO SUE ROCKHAUS CLIMBING AND ALL RELEASEES. I UNDERSTAND THAT ROCKHAUS CLIMBING AND ALL RELEASEES ARE RELYING ON MY FULL RELEASE AND WAIVER OF ALL CLAIMS AS PARTIAL CONSIDERATION FOR PERMITTING THE MINOR’S PRESENCE ON THE PREMISES AND PARTICIPATION IN THE ACTIVITIES. I UNDERSTAND AND AGREE THAT NO ORAL OR WRITTEN REPRESENTATIONS CAN OR WILL ALTER THE CONTENTS OF THIS DOCUMENT. I AGREE THAT THIS WAIVER IS MADE OF MY OWN FREE WILL AND WITHOUT DURESS AND THAT I HAVE FREELY AND VOLUNTARILY ELECTED TO SIGN THIS WAIVER. I AGREE THAT THIS WAIVER SHALL BE GOVERNED BY THE LAWS OF THE PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN. Today's Date: December 23, 2024 I Agree |