RELEASE OF CLAIMS, WAIVER OF LIABILITY AND ASSUMPTION OF RISK
Every Participant at the Hangar Climbing Lounge must read and sign this document (parents/guardians must read and sign on behalf of minors in their care). By signing this document you are giving up legal rights, including the right to sue or claim compensation for an accident. Read it carefully, and initial and sign where indicated.
In this document:
“Activity” or “Activities” means activities carried out at the Gym or at any location at which the Hangar offers services and activities and includes bouldering (or climbing) on structures reaching heights of 16 feet from the floor, slack-lining, yoga and other group and individual fitness and exercise classes, and use of weights including free weights.
“Gym” means the bouldering gym facility owned and operated by the Hangar in Sechelt, British Columbia.
“Hangar” means the [The Hangar Climbing Lounge Ltd.] doing business as the Hangar Climbing Lounge and includes all staff, owners, contractors, volunteers, directors and affiliates.
“Member” means a Visitor who is also paying for a membership at the Hangar.
“Minor” means a person who is younger than 19 years old and is under the care of a parent or legal guardian who signs this Release and Waiver Agreement on his or her behalf.
“Visitor” means any person, whether adult or Minor, who visits an activity area of the Hangar or participates in an Activity at the Gym or at any site or location at which the Hangar is offering Activities, including but not limited to outdoor climbing areas or portable climbing walls, and includes individuals who come to observe Activities.
Assumption of Risk for Activities
The Activities at the Hangar are inherently dangerous and create the risk of injury to person and property.
The Hangar and Hangar staff do not be lay, spot or otherwise manage Visitor’s Activities. Each Visitor is responsible for assessing his or her own skill level and managing his or her own Activities and risks. Any equipment rented by the Hangar to a Visitor is provided on an “as-is” basis without any warranty by the Hangar as to the suitability of the equipment for its intended purpose or its condition.
By initialing here I acknowledge that:
- I am aware that there are risks, dangers and hazards associated with the Activities, including but not limited to falls, breakage or failure of wall-mounted holds, failure of equipment and the risk of being struck by other Visitors who are climbing;
- I acknowledge and accept that the Hangar does not supervise or otherwise manage the safety of my Activities or the Activities of other Visitors;
- I acknowledge that the Hangar does not assess the skill or ability level of other Visitors and makes no representation or warranty as to their skill, ability level or safety; and
- I freely accept and assume all risks, dangers, losses and hazards, including the risk of personal injury, death, loss of or damage to property and all related losses or damage, no matter how caused, arising from or related to all Activities, including Activities carried out with equipment rented from the Hangar.
Waiver of right to sue and release of liability
In consideration for the Hangar allowing me use of the Gym and the ability to participate in the Activities, the receipt and sufficiency of which consideration I hereby acknowledge, I agree as follows:
- I waive any and all claims that I have or may have in the future against the Hangar for any loss, damage, injury or harm of any kind arising from or related to my participation in any Activities offered by the Hangar;
- I release the Hangar from any liability or obligation to provide any compensation in any form whatsoever for any loss, damage, injury or harm of any kind arising from or related to my participation in any Activities offered by the Hangar;
- I acknowledge and accept that I am waiving and releasing my rights for all forms of potential legal claims against the Hangar, whether arising in negligence, tort, contract, statute (including the Occupiers Liability Act), common law or otherwise, and that this waiver and release specifically applies but is not limited to legal claims related to injuries arising from bouldering and climbing; and
- I agree to fully indemnify and compensate the Hangar for any loss, damage, injury or harm of any kind, including legal fees or costs, resulting from my participation in Activities offered by the Hangar.
This section only applies to Members. It does not apply to Visitors who are paying for drop-in only.
Members are entitled to 24-hour access to the Gym, including after regular business hours. I acknowledge and agree that, for the consideration of becoming a Member at the Hangar, the receipt and sufficiency of which consideration I hereby acknowledge, I acknowledge and agree to the following:
- The Hangar does not provide any supervision of the Gym after regular business hours and has no obligation to provide such supervision;
- The Hangar does not provide any safety, medical or emergency services at the Gym after regular business hours;
- I am fully and solely responsible for my own safety and property while engaged in any Activity at the Gym after regular business hours, and I accept and acknowledge that the Hangar has no responsibility or liability whatsoever for any harm, damage or loss I may incur while engaged in any Activity at the Gym after regular business hours;
- I will familiarize myself with and observe the Hangar’s Rules and Guidelines at all times including after regular business hours; and
- I will fully indemnify and compensate the Hangar for any loss, damage, injury or harm of any kind, including legal fees, resulting from my participation in Activities at the Hangar after regular business hours.
Use of media
The Hangar periodically uses images, including photos and film, of Visitors participating in Activities for purposes of advertising the Hangar’s business and informing the public of the Activities offered at the Gym. These uses include, but are not limited to, posting on the Hangar’s webpage, distribution through social media, and inclusion in printed brochures.
I consent to the reproduction and use by the Hangar of photographs, videos and other images and sound recordings of me for these purposes without compensation. I release the Hangar and from any claim of violation of any personal and/or proprietary right I may have in connection with such representation or use.
I hereby acknowledge and agree to the following additional terms:
- This Release and Waiver Agreement has full legal effect as soon as I sign it.
- I understand that each time I visit the Gym or activity site at which the Hangar offers Activities from the date of this agreement forward I will be bound by the terms and conditions of this Release and Waiver Agreement.
- If I am signing this Release and Waiver Agreement on behalf of a Minor, I have the legal capacity as the parent or guardian of that Minor to make the acknowledgements, releases and waivers set out above and I understand that all of the terms of this Release and Waiver Agreement will apply to the Minor.
- This Release and Waiver Agreement fully describes and sets out all of my legal rights as against the Hangar related to any possible claim for damage, loss or harm of any kind related to any Activity I participate in at the Gym or other location offered by the Hangar.
- This Release and Waiver Agreement is binding on me, any Minor on whose behalf I am signing the Agreement, and my heirs and successors.
- The laws of British Columbia will govern the interpretation and application of this Release and Waiver Agreement.
- I am not relying on any additional verbal or written representation or statement made by the Hangar in entering into this Release and Waiver Agreement.
BY SIGNING BELOW I CONFIRM THAT I HAVE READ AND FULLY UNDERSTAND THIS RELEASE AND WAIVER AGREEMENT PRIOR TO SIGNING IT AND UNDERSTAND THAT IT IS RELEASING AND WAIVING MY LEGAL RIGHTS AGAINST THE HANGAR.