The following documents are provided here for your review only.
Neither document is valid for printing, signing, or submission in this form.
All participants are required to complete the official online forms.
You will be asked to review and acknowledge these documents again in full when you complete the online forms.
In consideration of the Company allowing me to participate in Climbing Activities and permitting my use of their personal property, facilities, or equipment, I WILL CAREFULLY READ THE FOLLOWING DOCUMENT IN ITS ENTIRETY, INCLUDING SMALL PRINT. THIS IS AN ACT TO MANAGE AND MITIGATE MY PERSONAL RISK.
1) TERMS FOR THE DOCUMENT:
The terms “OVERhang”, “Owner”, or “Company” refer to OVERhang Education Centre Ltd.
The term or, derivative forms of, “company affiliates” refer to OVERhang Education Centre Ltd’s owners, officers, directors, partners, shareholders, agents, guides, instructors, independent contractors, affiliates, volunteers, participants, employees, representatives, successors and assignees of the Company, and all other persons or entities acting in any capacity on their behalf.
The terms “visitor”, “visiting party”, “user”, and personal pronouns all refer to the undersigned.
The term “Climbing Activities” means all activities, events, or services provided, arranged, organized, conducted, sponsored, or authorized by the Company and includes without limitation: indoor climbing, belaying, indoor bouldering, crafts, training, stretching, yoga, fitness classes, weight lifting, observing others engaged in the Climbing Activities, volunteering, supervision of children by parents or guardians, spectating, all school and instructional sessions, indoor and outdoor games, and all other activities, events, and services in any way related to Climbing Activities.
2) STATEMENT OF PHYSICAL RISK
I UNDERSTAND AND ACCEPT THAT PARTICIPATION IN CLIMBING ACTIVITIES CAN BE HAZARDOUS AND MAY INVOLVE THE RISK OF PHYSICAL INJURY OR DEATH. I acknowledge that my participation in Climbing Activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the Climbing Activities. The risks include but are not limited to: scrapes, cuts and bruises; falling off of equipment; muscle and joint sprains and strains; overuse injuries; broken bones; joint dislocations; head, neck, and spinal injuries; exposure to allergens; and other serious injuries including death. These risks may be derived from: failure to wear a harness properly or wearing an ill-fitting harness; failing to clip into an autobelay device according to specified procedures; not tying into a rope according to manufacturer’s specification or gym policies; falls, collisions, slips, trips, swings, and pendulums; failure to climb or belay safely or within one‘s own ability; overuse of joints, ligaments, and tendons; NEGLIGENCE or failure to act safely on the part of instructors or supervisors or other climbers or belayers; failure of climbing equipment including ropes, harnesses, slings, anchor points, climbing holds, or any other equipment associated with or related to climbing, belaying, or fitness; and misuse of any aforementioned equipment.
3) STATEMENT OF PUBLIC HEALTH RISK
I UNDERSTAND THAT PARTICIPATING IN CLIMBING ACTIVITIES COULD RESULT IN INADVERTENT TRANSFER OF INFECTION WHICH MAY CAUSE ILLNESS OR DEATH. I agree that I will not participate in any of the Climbing Activities if, to the best of my knowledge and awareness, I am experiencing, or have experienced in the prior 14 days, flu-like symptoms or symptoms of any transmissible viral or bacterial infection or disease.
4) STATEMENT OF COMPLIANCE
I agree to assume responsibility for maintaining control at all possible times while engaging in the Climbing Activities and for reading, understanding, and complying with all signage and heeding the instructions of staff of the Company. I understand that putting on a harness, clipping into an autobelay device, tying into a rope, belaying, climbing, and lowering are unsupervised Climbing Activities and that I am solely responsible for properly doing these tasks. I further understand that falls and injuries are common. I agree to not participate in Climbing Activities, particularly use of autobelay, ropes, or boulder areas, until I have received an orientation and demonstrated my competence. I agree to navigate the facility safely and not to pass between belay-climber pairs or under active climbers.
5) STATEMENT OF FITNESS FOR CLIMBING ACTIVITIES
I acknowledge that legal and illegal substances, including alcohol, marijuana, and other drugs – both prescribed and non-prescribed – have the capacity to impair my judgement, ability to effectively manage risks, and physical abilities and are not permitted to be consumed before or during my participation in the Climbing Activities.
I am physically and emotionally capable of participating in Climbing Activities and may OPT OUT at any time.
RECOGNIZING THESE RISKS AND DANGERS, I VOLUNTARILY CHOOSE TO PARTICIPATE IN THE CLIMBING ACTIVITIES AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE ACTIVITIES, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.
6) STATEMENT OF RELEASE:
In consideration of the Company allowing me to participate in Climbing Activities and permitting my use of their private property, facilities, or equipment, I AGREE, to the greatest extent permitted by law to name OVERhang Education Centre Ltd and its affiliates as defined in this document as RELEASED PARTIES and;
1) TO WAIVE ANY AND ALL CLAIMS AGAINST the COMPANY including those of which I am not aware, those not expressly mentioned, and those resulting from anything that has happened up to now
2) TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND AGREE NOT TO SUE FOR ANY INJURY, DEATH, LOSS, PROPERTY DAMAGE, EXPENSE, OR OF ANY NATURE, WHICH I MAY SUFFER, OR THAT MY NEXT OF KIN MAY SUFFER, ARISING IN WHOLE OR IN PART OUT OF MY PARTICIPATION IN THE ACTIVITIES AT OVERhang, INCLUDING BUT NOT LIMITED TO ANY CLAIMS BASED ON ANY RELEASED PARTY’S:
i. ALLEGED OR ACTUAL NEGLIGENCE;
ii. BREACH OF CONTRACT;
iii. NEGLIGENT MISREPRESENTATION;
iv. BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION; OR
v. BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE UNDER THE OCCUPIER’S LIABILITY ACT (British Columbia).
I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF ANY RELEASED PARTY TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS OF THE CLIMBING ACTIVITIES.
7) GENERAL STATEMENT
I agree that this agreement will bind my heirs, next of kin, executors, administrators, and representatives, in the event of my death or incapacity. I will not assign my rights and obligations under this agreement.
The laws of the Province of British Columbia, and federal laws of Canada applicable in British Columbia, govern this agreement. The courts of the Province of British Columbia have exclusive jurisdiction over any claims arising out of this agreement. If any part of this agreement is held unenforceable, all remaining parts shall remain valid.
I assure that I, the undersigned, enter into this agreement WILLINGLY and am not relying upon any oral or written representations or statements made by any Released Party with respect to the safety of the Climbing Activities other than what is set forth in this agreement.
In consideration of the Company allowing my child (the Minor Participant) to participate in Climbing Activities and permitting their use of the Company’s personal property, facilities, or equipment, I WILL CAREFULLY READ THE FOLLOWING DOCUMENT IN ITS ENTIRETY, INCLUDING SMALL PRINT. THIS IS AN ACT TO MANAGE AND MITIGATE THE RISKS OF MY CHILD’S PARTICIPATION.
1) TERMS FOR THE DOCUMENT:
The terms “OVERhang”, “Owner”, or “Company” refer to OVERhang Education Centre Ltd.
The term or, derivative forms of, “company affiliates” refer to OVERhang Education Centre Ltd’s owners, officers, directors, partners, shareholders, agents, guides, instructors, independent contractors, affiliates, volunteers, participants, employees, representatives, successors and assignees of the Company, and all other persons or entities acting in any capacity on their behalf.
The terms “visitor”, “visiting party”, “user” “child”, and personal pronouns refer to the Minor Participant; references to ‘I’, ‘me’, or ‘my’ in this document are made by the undersigned parent/legal guardian on behalf of the Minor Participant.
The term “Climbing Activities” means all activities, events, or services provided, arranged, organized, conducted, sponsored, or authorized by the Company and includes without limitation: indoor climbing, belaying, indoor bouldering, crafts, training, stretching, yoga, fitness classes, weight lifting, observing others engaged in the Climbing Activities, volunteering, supervision of children by parents or guardians, spectating, all school and instructional sessions, indoor and outdoor games, and all other activities, events, and services in any way related to Climbing Activities.
2) STATEMENT OF PHYSICAL RISK
I, the undersigned parent/legal guardian of the Minor Participant, UNDERSTAND AND ACCEPT THAT PARTICIPATION IN CLIMBING ACTIVITIES CAN BE HAZARDOUS AND MAY INVOLVE THE RISK OF PHYSICAL INJURY OR DEATH. I acknowledge that my child’s participation in Climbing Activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to property. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the Climbing Activities. The risks include but are not limited to: scrapes, cuts and bruises; falling off equipment; muscle and joint sprains and strains; overuse injuries; broken bones; joint dislocations; head, neck, and spinal injuries; exposure to allergens; and other serious injuries including death. These risks may be derived from failure to wear a harness properly, improper use of an autobelay device, not tying into a rope correctly, falls, collisions, slips, trips, swings, pendulums, negligence of staff or other participants, and failure or misuse of equipment.
3) STATEMENT OF PUBLIC HEALTH RISK
I UNDERSTAND THAT PARTICIPATING IN CLIMBING ACTIVITIES COULD RESULT IN INADVERTENT TRANSFER OF INFECTION WHICH MAY CAUSE ILLNESS OR DEATH. I understand that my child’s participation in Climbing Activities could result in inadvertent transfer of infection which may cause illness or death. I agree that my child will not participate if, to the best of my knowledge and awareness, they are experiencing or have experienced in the prior 14 days flu-like symptoms or symptoms of any transmissible viral or bacterial infection or disease.
4) STATEMENT OF COMPLIANCE
I agree that my child will maintain control at all possible times while engaging in Climbing Activities, and that they will read, understand, and comply with all signage and instructions from Company staff. I understand that certain activities (e.g., harnessing, clipping into an autobelay device, tying into a rope, belaying, climbing, lowering) may be unsupervised, and that my child is responsible for proper execution. I acknowledge that falls and injuries are common. My child will not participate in these activities until they have received proper orientation and demonstrated competence. My child will navigate the facility safely and avoid passing between belay-climber pairs or under active climbers, as instructed by Company staff.
5) STATEMENT OF FITNESS FOR CLIMBING ACTIVITIES
I affirm that my child is physically and emotionally capable of participating in Climbing Activities and may opt out at any time. My child will not consume alcohol, marijuana, or other substances (prescribed or non-prescribed) that may impair judgment or physical ability before or during participation.
RECOGNIZING THESE RISKS AND DANGERS, I, AS PARENT OR COURT-APPOINTED LEGAL GUARDIAN, GIVE PERMISSION FOR MY CHILD (THE MINOR PARTICIPANT) TO PARTICIPATE IN THE CLIMBING ACTIVITIES AND EXPRESSLY ASSUME ON THEIR BEHALF ALL RISKS AND DANGERS OF THE ACTIVITIES, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE
6) STATEMENT OF RELEASE:
In consideration of the Company allowing my child to participate in Climbing Activities and permitting their use of private property, facilities, or equipment, I AGREE, to the greatest extent permitted by law, to name OVERhang Education Centre Ltd and its affiliates as RELEASED PARTIES and:
1) TO WAIVE ANY AND ALL CLAIMS against the Company, including those not expressly mentioned or arising from past events;
2) TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND AGREE NOT TO SUE for any injury, death, loss, property damage, or expenses arising in whole or in part from my child’s participation, including claims based on alleged or actual negligence, breach of contract, negligent misrepresentation, breach of warranty, or breach of statutory duty of care.
i. ALLEGED OR ACTUAL NEGLIGENCE;
ii. BREACH OF CONTRACT;
iii. NEGLIGENT MISREPRESENTATION;
iv. BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION; OR
v. BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE UNDER THE OCCUPIER’S LIABILITY ACT (British Columbia).
I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF ANY RELEASED PARTY TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT MY CHILD (THE MINOR PARTICIPANT) FROM THE RISKS, DANGERS, AND HAZARDS OF THE CLIMBING ACTIVITIES.
7) GENERAL STATEMENT
This agreement binds the Minor Participant, their heirs, next of kin, executors, administrators, and representatives. It is governed by the laws of British Columbia, with exclusive jurisdiction in BC courts. If any portion is unenforceable, the remainder remains valid. I, the undersigned parent/legal guardian, enter into this agreement willingly and rely solely on the written terms herein.
The laws of the Province of British Columbia, and federal laws of Canada applicable in British Columbia, govern this agreement. The courts of the Province of British Columbia have exclusive jurisdiction over any claims arising out of this agreement. If any part of this agreement is held unenforceable, all remaining parts shall remain valid.
I assure that I, the undersigned, enter into this agreement WILLINGLY and am not relying upon any oral or written representations or statements made by any Released Party with respect to the safety of the Climbing Activities other than what is set forth in this agreement.
Complete the 19+ Waiver
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