ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT
THIS IS A BINDING LEGAL AGREEMENT BY SIGNING THIS AGREEMENT YOU WILL BE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR SEEK COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY BEFORE SIGNING AND CLARIFY ANY QUESTIONS OR CONCERNS BEFORE SIGNING
Fit to Participate
I understand that it is my responsibility to assess whether any activities are too difficult for me (or my child). I represent and warrant that I (or my child) do not suffer from any medical condition or disease including, to my knowledge, COVID-19 that would make participating in programs/membership services offered by the University of Manitoba or the use of the University’s sport and recreation facilities unreasonable;
Assumption of Risk
By signing below, I understand and acknowledge:
That there are risks, dangers, and hazards which are inherent in participating in programs/membership services offered by the University of Manitoba or the use of the University’s sport and recreation facilities, including lessons, training and competitions and games
That even under the safest conditions, participation may be hazardous and that my participation (or that of my child) may expose me (or my child) to elements of risk that may include :
loss of or damage to personal property;
Strenuous and demanding physical exertion, strenuous cardiovascular workouts, rapid movements, exertion and tension on various muscle groups which may cause serious injury to bones, joints, ligaments, muscles;
Exposing underlying health conditions;
Concussion or other related head injuries including but not limited to closed head injury or blunt head trauma and wellbeing;
Contact with other participants, instructors, officials, administrators, spectators or other natural or manmade objects, dangers arising from conditions, imperfect field of play or facility conditions, equipment failure or malfunction, inadequate safety measures and participants of varying skill levels; and
Other bodily injury such as, the possibility of internal injuries, fractures, sickness, permanent impairments, paralysis, and even death.
Additional Assumption of Risk due to COVID-19
I further understand and acknowledge that COVID-19 is a highly contagious and dangerous disease. I understand that the World Health Organization has classified the COVID-19 outbreak as a pandemic. COVID-19 may result in significant personal injury or death.
I understand that the University of Manitoba has undertaken reasonable steps to lessen the risk of transmission of COVID-19 during my (or my child’s) participation in programs/membership services or use of the University’s sport and recreation facilities
That even with the University taking reasonable steps relating to reducing COVID-19 exposure, participation may be hazardous and that my participation (or that of my child) may expose me (or my child) to COVID-19 related risks that include:
the risk of coming into close contact with individuals or objects that may be carrying COVID-19;
the risk of transmitting or contracting COVID-19, directly or indirectly, to or from other individuals; and
injuries and complications ranging in severity from minor to catastrophic, including death, resulting directly or indirectly from COVID-19 or the treatment thereof.
I expressly agree to accept and assume all of the associated risks of participation.
Waiver of Claims - Release of Liability – Indemnity Agreement
In consideration of the University of Manitoba allowing me (or my child) to participate in the programs/membership services, and/or the use of the University’s sport and recreation facilities,
I hereby agree as follows:
TO ASSUME all risks and responsibility for any damages, liabilities, losses including loss of income, expenses or related loss that are incurred as a result of my (or my child’s) participation in programs/membership services offered by the University of Manitoba or the use of the University’s sport and recreation facilities;
TO WAIVE ANY AND ALL CLAIMS that I (or my child) have or may in the future have against the University of Manitoba; and
TO RELEASE the University of Manitoba from any and all liability for any loss, damage, expense or injury including death that I may suffer (or my child may suffer) as a result of participating in programs/membership services offered by the University of Manitoba or the use of the University’s sport and recreation facilities DUE TO ANY CAUSE WHATSOEVER, INCLUDING 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,C.C.S.M. O8 ON THE PART OF THE UNIVERSITY OF MANITOBA.
I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE UNIVERSITY TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME (OR MY CHILD)
TO HOLD HARMLESS AND INDEMNIFY THE UNIVERSITY from any and all liability for any damage, loss, expense or injury to any third party resulting from my (or my child’s) participation in programs/membership services offered by the University of Manitoba and/or the use of the University’s sport and recreation facilities;
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;
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 Manitoba and no other jurisdiction; and any litigation involving the parties to this Agreement shall be brought solely within the Province of Manitoba and shall be within the exclusive jurisdiction of the Courts of the Province of Manitoba.
In entering into this Agreement, I am not relying on any oral or written representations or statements made by the University with respect to the safety or risks of participation, other than what is set forth in this Agreement.
Indoor Wall Climbing Informed Consent & Acknowledgment of Risks, & Release Agreement
In this Agreement the term "Climbing Activities" includes any and all use of the indoor climbing wall, whether for climbing, bouldering or otherwise, as well as all climbing and bouldering activities, programs, drop-ins, club climbing times, open climb time and services that are provided, arranged, organized, conducted, sponsored or authorized by the University of Manitoba, but is not limited to: use of any and all of the University of Manitoba’s facilities and equipment; orientation and instructional courses and sessions; and other such activities, events, services and facilities in any way connected with or related to any of the foregoing.
DESCRIPTION OF RISKS – PLEASE READ CAREFULLY
I understand that there are many possible risks, dangers and hazards associated with Climbing Activities, including the possible risk of severe or fatal injury to myself or others.
These risks include, but are not limited to:
all manner of injury resulting from falling and hitting the floor, climbing wall faces, protruding holds or ledges, or other climbers;
rope abrasion, entanglement and other injuries resulting from activities such as climbing, belaying, rappelling, rescue systems and any other rope technique;
injuries resulting from failure of ropes, slings, harnesses, climbing hardware, anchor points and any part of the climbing structure;
injuries resulting from falling climbers or dropped items such as ropes or hardware; and
cuts and abrasions from skin contact with climbing panels and various holds, ledges, edges and any fixtures, including injuries to the joints and knuckles of my hands
Negligence of other participants, third parties or the University of Manitoba
Climbing Wall Rules
The climbing wall supervisor/instructor has the authority to ask anyone to leave if behavior is deemed unsafe or in violation of the rules.
No personal items, cell phones or electronic devices (i.e. head phones/mp3), cutting devices (knives, keys), food, drink or gum allowed in the climbing area at any time.
Shoes are required at all times when climbing. No bare-foot climbing allowed. Hiking boots and sandals are not allowed while climbing.
Any open wounds are to be covered prior to climbing. If you start bleeding while on the wall, you must attend to the wound before continuing.
Only U of M Climbing instructors may provide instruction at the wall.
No personal equipment other than harness, shoes and chalk bag are allowed while climbing.
Do not step on any ropes at any time.
Avoid obstructing any path of a climber and belayer. Do not pass underneath the ropes of a climber on the wall.
All participants must have completed a waiver form.
Children 6 to 14 years old must be with a parent/guardian while in the climbing area.
Climber’s shoulders/armpits are the highest point of their body shall not exceed bouldering limit.
Crash pads are mandatory, if bouldering on the climbing wall.
Climbers who are bouldering must give the right of way to roped climbers.
You must take a Climbing Orientation prior to use the Auto Belays and climb at any Open Climb time. To belay and Top Rope climb, you must have taken the Climbing Fundamentals course or have taken and successfully passed a Belay Test. To lead belay or lead climb, you must have taken the Introduction to Sport Climbing Course or have taken and successfully passed a Belay Test.
Climbers wishing to climb above the marked bouldering limit must be belayed by a certified belayer. Solo climbing is not permitted and all climbers must be protected by either a climbing rope or auto belay system.
All top-rope climbers must tie into the rope using a figure-8 follow-through knot.
All belaying of climbers must be done using a functional belay device, attached to the belayer’s belay loop on his/her harness by means of a locking carabiner.
Always double check the climber’s knot, harness and belay system before each climb. If in doubt ask a climbing wall supervisor or climbing instructor for an inspection prior to climbing.
Belayers must not allow excess slack in the rope.
All chalk must be in chalk bags. Climbers are not allowed to use loose chalk.
Avoid pulling down top ropes when lead climbing.
While lowering, do not push off the wall. No swinging.
I AGREE TO BE RESPONSIBLE FOR MYSELF AND MY CHILD (IF APPLICABLE). I will (or I will direct my child) to obey all climbing wall rules and instructions received from University employees, climbing wall instructors, or volunteers. I acknowledge on my behalf (or my child’s behalf) that the University will not be responsible for any injury that occurs as a result of my (or my child’s) not following instructions. If, applicable will direct my child to obey all instructions that my child receives from University employees, climbing wall instructors, or volunteers.
I agree and acknowledge that my (or my child’s) involvement in the Climbing Activities has been undertaken voluntarily without any representations or inducements by the University of Manitoba. I understand agree that there are risks associated with the Climbing Activities, as described above. By participating voluntarily in Climbing Activities, I (or my child’s) may be exposed to these risks and hazards. I agree to accept them and be responsible for any injury or other loss, which I (or my child’s) might receive while participating in Climbing Activities.
In consideration of the opportunity to participate in climbing activities offered through Recreation Services at the University of Manitoba I agree that if something happens to me, I, on behalf of myself (or my child), my heirs, executors and assigns, release and save harmless the University, its officers, agents, employees and volunteers (collectively, the “University”) from and against any claims, demands, actions and costs, which might arise out of my participation.
ACKNOWLEDGEMENT BY PARTICIPANT
I acknowledge that I have read the above and that I fully understand, appreciate and accept the physical risks associated with my participation in the Climbing Activities offered by the University of Manitoba, and that I am of the full age of 18 years and legally competent to sign this release.
I have read, understand and agree to follow (or direct my child to follow) the University of Manitoba Climbing Wall Safety Rules, and understand that failure to follow these rules may result in loss of climbing privileges.
Electronic Signature Consent
Completing this document electronically, you are consenting to the use of your electronic signature in lieu of an original signature on paper. After consent, you may, upon written request to us, obtain a paper copy of this electronic document.
Notice Regarding Collection, Use, and Disclosure of Personal Information by the University
This personal information is being collected under the authority of The University of Manitoba Act. The information you provide will be used by the University for the purpose of registering and admitting the applicant into programs/camps offered by the Faculty of Kinesiology and Recreation Management or the use of the Faculty’s sport and recreation facilities and for communication. The personal information will not be used or disclosed for other purposes, unless permitted by
The Freedom of Information and Protection of Privacy Act (FIPPA). If you have any questions about the collection of your personal information, contact the Access & Privacy Office (tel. 204-474-9462), 233 Elizabeth Dafoe Library, University of Manitoba, Winnipeg, MB, R3T 2N2.