|WARNING: THIS RELEASE AGREEMENT CONTAINS A RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION. |
PLEASE READ CAREFULLY BEFORE SIGNING!
By submitting this Release Agreement, you agree to be bound by the terms of the Release Agreement and the Turtle Crag Code of Conduct. If you do not agree to the terms of the Release Agreement, you are not authorized to enter the Turtle Area.
“Activities” means all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include but is not limited to: rock climbing, bouldering, hiking, and any use of the Turtle Area facilities.
“Land Owner” means all beneficial owners of the lands upon which the Turtle Area is premised.
“Releasees” means the Land Owner; Ontario Alliance of Climbers; the Alpine Club of Canada, Toronto Section; the Halton Regional Conservation Authority; and their directors, officers, employees, agents and volunteers.
“Release Agreement” means the Release of Liability, Waiver of Claims, Assumption of Risk Warning and Indemnification Agreement.
“Turtle Area” means all Turtle Crag lands and facilities and shall include but is not limited to: parking lots and all walkways used to access the Turtle Crag lands or facilities.
TURTLE CRAG CODE OF CONDUCT
- Access to the Turtle Area is limited to individuals with proof of authorized access in the form of submission confirmation of the Release Agreement. The Land Owner has made access to the Turtle Area conditional upon showing such submission confirmation, either in paper or electronic form.
- Access to the Turtle Area is permitted from 9:00am to dusk only. No person may access the Turtle Area outside these times.
- Defecating in the Turtle Area is absolutely forbidden.
- No music or excessive noise of any form, including but not limited to, instructions and/or encouragement, are permitted in the Turtle Area.
- No dogs or any other pets are permitted into the Turtle Area.
- No smoking is permitted in the Turtle Area.
- No fires or burning of any material is permitted in the Turtle Area.
- No drugs or alcoholic beverages are permitted into the Turtle Area.
- No animals, plants, or any natural objects may be removed, defaced, harmed or destroyed in the Turtle Area.
- No commercial activity, including but not limited to, guiding, may be carried on in the Turtle Area.
- No new routes may be established without the written consent of the Land Owner.
- Climbing or hiking climber’s left of the Turtle Area is not permitted.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK WARNING AND INDEMNIFICATION AGREEMENT
To: The Releasees
I UNDERSTAND THAT THE ACTIVITIES CAN BE HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY OR DEATH.
I understand that risks related to the Activities include but are not limited to: falling or loss of balance; equipment malfunction, failure or damage; improper use or maintenance of equipment; limited access to and/or delay of medical attention; my health condition, physical exertion, exhaustion, dehydration; THE NEGLIGENCE OR FAILURE OF MYSELF, THE RELEASEES OR OTHER PERSONS TO ACT SAFELY OR WITHIN THEIR OWN ABILITY; and mental distress from exposure to any of the above.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES AND FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
I represent that I am at least 18 years of age or, if the visitor is 18 years of age or less, that I am the parent or legal guardian of the visitor. In consideration for allowing me to participate in the Activities, I agree:
|1. TO WAIVE ANY AND ALL CLAIMS THAT I HAVE OR MAY HAVE IN THE FUTURE AGAINST THE RELEASEES AND TO RELEASE THE RELEASEES FROM ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE OR INJURY INCLUDING DEATH THAT I MAY SUFFER OR THAT MY NEXT OF KIN MAY SUFFER AS A RESULT OF MY PARTICIPATION IN THE ACTIVITIES, 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 ANY APPLICABLE OCCUPIERS LIABILITY LEGISLATION ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ACTIVITIES;|
- to abide by the Turtle Crag Code of Conduct.
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in the Activities;
- that any and all claims for injury, death and/or loss regarding an alleged incident shall be governed by the laws of the province of Ontario and exclusive jurisdiction shall be in a court of competent jurisdiction in the Province of Ontario;
- that if any part of this Release Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties; and
- that this Release Agreement shall be binding upon my assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives.
In entering into this Release 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 Activities.
By submitting this Release Agreement, I confirm that I have read and understand the Release Agreement and agree to be bound by its terms and conditions.