Bouldering Waiver 2023-24

Completion confirms that the participant and/or Parent/Guardian have thoroughly read the statements and conditions stated below under the headings: Acknowledgement of Risk, Responsibility for Emergency Care, Assumption of Risk and Release of all Claims, Indemnification, and Permission. We understand and agree to the terms of this agreement, which is a legally binding document, as noted by the signature below:

Name Name First Last
Date of Birth Date of Birth / MM / DD YYYY
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF RISKS AGREEMENT
REGARDING: Participant’s Use of Bouldering Cave (the “Event”)

TO: Selkirk College and its governors, officers, employees, students and representatives, independent contractors, suppliers, sponsors, heirs, executors, successors and assigns (all of whom are hereinafter referred as the “Releasees”).

In this Agreement, the term "Event” shall include all activities or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include, but is not limited to the Participant’s use of the Bouldering Cave and other such activities, events and services in any way connected with or related thereto including the use and occupation of any facilities owned, leased, or licensed by the Releasees.

ASSUMPTION OF RISKS
I am aware that the Event involves risks, dangers and hazards including, but not limited to: failures of equipment, falling climbers or equipment; failure of hand holds, wall structure, ropes, slings, harnesses or climbing hardware; loss of balance; difficulty or inability to control one’s speed and direction; collision with other persons; the failure of others to act safely or within their ability; negligence of other persons; and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE EVENT.

I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED THE EVENT AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS, KNOWN AND UNKNOWN, AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THERE FROM.

I understand that all applicable rules for participation must be followed and that SOLE RESPONSIBILITY FOR MY PERSONAL SAFETY REMAINS WITH ME, including my physical and emotional preparation and fitness to participate in the Event. I will examine and inspect the conditions in which I participate and I undertake and agree to remove myself from participation if I sense or observe any unusual hazard or unsafe condition, or if, at any time, at any event or program, I feel unable or unfit to safely continue for any reason.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
I have read Safety Policy Contract for the Event, which I understand and I agree to by bound by it. In consideration of the Releasees allowing me to participate in the Event, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in the Event;
3. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
4. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia. This Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. This Agreement may only be modified in a writing signed by parties. If any of the terms of this Agreement are found by a court of competent jurisdiction to be unenforceable or invalid, the remaining terms shall not be affected. Section headings are for convenience only; and
5. Any litigation involving the parties to this Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of that province.
In entering into this 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 Event, other than what is set forth in this Agreement.
I understand and agree that my participation in the Event is conditional upon my execution of this Agreement and waiver of my right to sue for any injury, loss or damage as described herein. Participation in the Event is subject to the discretion of the Releasees and is revocable.

I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS THAT I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES INCLUDING THE RIGHT TO SUE.

Signature of the participant or Parent/Guardian if participant is under 19

Draw or Type

I understand this is a legal representation of my signature. Clear

Full Name

I understand this is a legal representation of my signature.
I, the undersigned user of the Bouldering Cave, accept full responsibility for my own safety and will respect the safety of other participants while on and around the Bouldering Cave. I agree to abide by the following Safety Policies:

I must have a signed Bouldering Cave Waiver and Release on file in the Equipment Room at Selkirk College.

I will inform the Sports Attendants of any situation seen as unsafe or not in accordance with Safety Policies. I will report all accidents or equipment damage immediately to the Sports Attendants.

I recognize the importance of following directions regarding technique, training, safety, equipment use and other rules, etc. and I agree to obey such directions.

I understand that if my behaviour is distracting to others or unsafe in any manner I may not be allowed to continue participate in climbing activities.

I respect that individuals may share different views than mine or have different skill levels than mine. I agree that I will not use put-downs toward myself or others.

I accept the responsibility of spotting and the high expectations of safety related to climbing.

I recognize the importance of a positive attitude and agree to give my best efforts on each day’s activities.

The Bouldering Cave Manager and Sports Attendants and Selkirk College reserves the right to deny access to its facilities to any individual permanently or for a specified period of time for failure to follow these Safety Policies, or for any conduct that is viewed as unsafe or inappropriate.

I hereby consent to emergency transportation and treatment necessary in the event of injury or illness. I hereby accept responsibility for the payment of any emergency transportation and treatment expenses and any subsequent medical bills. I acknowledge Selkirk College has not purchased any health or accident insurance to cover such expenses, and shall not be responsible for any such expenses.

In consideration of the use of the Bouldering Wall, I acknowledge that I have read and agreed to abide by the Safety Policies.

Signature of the participant or Parent/Guardian if participant is under 19

Draw or Type

I understand this is a legal representation of my signature. Clear

Full Name

I understand this is a legal representation of my signature.