TO: Reach Indoor Climbing Inc. (“Reach”)
I acknowledge that there are significant elements of risk associated with indoor sport climbing (roped, bouldering and autobelay), fitness training, weight lifting, yoga and other activities that may take place in your premises (collectively the “Activity”). I further acknowledge that although Reach has taken reasonable steps to provide appropriate instruction so that I can participate in the Activity, the Activity is not without risk and that certain risks cannot be fully eliminated. I am aware of the risks associated or related to my use of Reach’s gym facilities, belay equipment, ropes, harnesses, climbing walls and holds, fitness equipment, washrooms and changerooms, and any other facilities in the gym or the parking facilities outside of the gym (collectively the “Facilities”), which risks include but are not limited to: injuries resulting from strenuous and demanding physical movement, falling, mechanical failure of the equipment, variable and difficult climbing conditions, collision with walls, the floor, climbing holds, or exposed or hidden structural supports or beams, rope abrasion or entanglement, injuries resulting from falling climbers or falling items, failure of ropes, climbing holds, anchor points, or any part of the climbing wall, defective flooring or matting, collision with other equipment or structures, collision with other persons, trauma, negligence of other climbers and/or other persons. The risks and dangers set out above may be affected by a number of factors including, but not limited to, a participant’s physical strength, coordination or sense of balance, climbing experience and training, the experience, training and judgment of the participant’s belayer, acting within one’s own ability, wearing a helmet, the proximity of medical care, and compliance with gym rules. I understand and freely accept and fully assume all such risks and the possibility of personal injury, death, property damage and loss resulting therefrom. I understand and acknowledge that personal property that I bring to the Facilities can be lost, stolen or damaged. I confirm that I am in proper physical condition to participate in the Activity and that I suffer from no personal health issues that may prevent me from participating in the Activity.
In consideration of Reach permitting me to use the Facilities, I voluntarily assume all risks associated with the Activity and I agree to waive any and all claims that I have or may have in the future against Reach and its directors, officers, shareholders, agents, employees, representatives, independent contractors, successors and assigns (collectively the “Releasees”), and to release the Releasees from any and all liability for any loss, damage, expense or injury including death, that I may suffer, or that my next of kin may suffer resulting from my participation in the Activities or use of the Facilities due to any cause whatsoever, including negligence. I agree to hold harmless and indemnify the Releasees from any and all liability for any damage to property of, or personal injury to, any third party resulting from my participation in the Activities or use of the Facilities.
I agree that this agreement shall be effective and binding on my heirs, executors, administrators, successors and assigns in the event of my death or incapacity, and that this agreement shall be governed solely by the laws of the Province of Ontario, and I attorn to the courts of the Province of Ontario.
I agree to abide by the following rules when using the Facilities: 1. I will not consume alcohol, drugs or other substances that may impair my senses or judgement either prior to or while using the Facilities. 2. When climbing roped climbs, I will wear a proper (and non-expired) climbing harness, for which I assume all responsibility for putting on and fastening correctly and safely. I will always tie into the harness with a “figure 8” knot with a safety knot. 3. If I am the parent, guardian or supervisor of a minor child or children I will always ensure that their harness is properly worn and that they are properly tied in to the rope or properly clipped into the auto-belay. 4. I will not belay unless I have been properly certified by Reach staff. I will not belay unless I am comfortable to do so, familiar with the rules and procedures, and have the requisite level of experience. 5. I will not use the speed climbing walls until I have been properly certified by Reach staff. I acknowledge that there may not be any matting under the speed climbing walls and that this creates an increased level of risk to me. If I choose to climb on the speed climbing walls, I accept this increased risk of injury or harm. 6. When lead climbing, I will clip each draw in sequence on all routes that I lead climb. I will provide and assume all responsibility for the safety and integrity of the rope and belay device when I lead or belay lead climbers. 7. I assume full responsibility for my choice in belayers. 8. I understand that my climbing privileges and my access to the Facilities will be revoked if I engage in any activities deemed unsafe by Reach staff. 9. I will report any equipment defects, unsafe situations, loose climbing holds, or accidents that I become aware of.
I have carefully read this entire agreement and fully understand it. I acknowledge that this agreement is legally binding and that by signing it I am giving up the right to receive compensation against Reach through the court or otherwise for any damage to property or my person, whether caused by accident, negligence, or otherwise. If I am signing on behalf of a minor child, I confirm that I am the child’s parent or court-appointed legal guardian.
Today's Date: May 9, 2024 |
