EXCLUSION OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
READ THIS AGREEMENT CAREFULLY BEFORE YOU SIGN. THIS IS A LEGAL AGREEMENT AND IT IS IMPORTANT.
BY SIGNING THIS DOCUMENT, YOU ARE LIMITING AND WAIVING SUBSTANTIAL LEGAL RIGHTS.
In this Agreement, “Releasees” means East Park Golf Gardens Inc. and Video Baseball Inc., and their respective shareholders, directors, officers, employees, agents, representatives, successors and assigns.
Rock climbing is an inherently dangerous activity, although indoor rock climbing presents a much lower risk of serious injury than outdoor rock climbing. Most injuries with indoor rock climbing, but not all, are caused by not following proper safety protocols, or not making sure that equipment is secure. The risks of indoor rock climbing include property damage and personal injury, including death, as a result of: slips, trips, falls, loss of balance, loss of control, collisions with other climbers, equipment failure, entanglement with ropes, impact with the walls, floor or equipment, climbers or belayers becoming distracted, poorly tied ropes, and other causes.
Make sure that you follow all instructions given to you by East Park staff.
Make sure you are clipped into your belay device.
Before climbing, check your harness, your helmet (if applicable), your belay device, and your carabiners.
Make sure you are paying attention.
Watch out for other climbers.
Use only equipment provided by East Park.
In consideration of your use of the East Park facilities, and as an express condition of you being permitted to use the East Park facilities, you acknowledge and agree that:
ASSUMPTION OF RISK: By signing this document, you agree to assume all risks related to or associated with your participation in rock climbing at East Park, including without limitation the risks described above, and the possibility of personal injury, property damage or loss resulting therefrom.
RELEASE OF LIABILITY, WAIVER OF CLAIMS and INDEMNITY: By signing this document, you agree: (a) to waive any and all claims that you have, or may in the future have, against any of the Releasees; (b) to release the Releasees from any and all liability for any loss, damage, expense or injury, including death, that you may suffer or that your next of kin may suffer, as a result of your participation in rock climbing at East Park, due to any cause whatsoever, including without limitation the causes described above, whether such liability arises in negligence, breach of contract, or breach of any statutory or other duty of care, including any duty of care owed under the Occupiers’ Liability Act (Ontario), on the part of the Releasees or any other person; (c) that the Releasees are not liable or responsible for any damage to, loss or theft of your property; and (d) to hold harmless and indemnify the Releasees from any and all liability for any damage, loss, claim, action, suit or personal injury resulting, directly or indirectly, from your participation in rock climbing at East Park.
ADDITIONAL INDEMNITY: By signing this document, you agree that if despite this Agreement, you, or anyone on your behalf, makes a claim against any of the Releasees, you will indemnify, save and hold harmless each of the Releasees from any litigation expenses, legal fees, loss, liability, damage or cost which may incur as the result of such claim.
This Agreement shall endure to the benefit of and be binding upon your heirs, executors, administrators, and personal legal representatives.
This Agreement shall be governed by the laws of Ontario and the laws of Canada applicable in Ontario.
By signing this document, you are representing that: (a) your participation in rock climbing at East Park is entirely voluntary; (b) you are not relying on any oral or written representations or statement by any of the Releasees with respect to the safety of participating in rock climbing at East Park other than what is set out in this Agreement.
By signing this document, you are representing that: (a) you have read this Agreement and you have had a sufficient opportunity to review its terms; (b) you fully understand the terms of this Agreement; (c) you are aware that by signing this Agreement you are waiving substantial legal rights which you or your heirs, next of kin, executors, administrators, assigns and representatives, may have against the Releasees; (d) you are signing this Agreement freely and voluntarily without any inducement, undue influence, duress or pressure; and (e) you realize that this is a legally binding agreement.