WARNING -- RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, INDEMNITY AGREEMENT AND PHOTO RELEASE
BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ CAREFULLY!
TO: Ridetheory Ltd. and its directors, owners, officers, employees, instructors, guides, agents, representatives, any governing body responsible for overseeing any land upon which mountain biking takes place, including but not limited to private landowners on which mountain biking occurs, Her Majesty the Queen, Fernie Trails Alliance, the Fernie Trails and Ski Touring Club, the Fernie Mountain Bike Club, the Fernie Nordic Society, Stag Leap Running Co., Parastone Developments Ltd., conservation authorities and any other land management body, or trail builder overseeing an area where mountain biking occurs; independent contractors, subcontractors, suppliers, sponsors, successors, insurers, insurance intermediary and assigns (all of whom are hereinafter referred as “the Releasees”)
In this Release Agreement, the term "Mountain Biking” shall include but not be limited to all activities, events, use of facilities or services provided in any way connected with or related to mountain bike sessions, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include, but not be limited to: mountain biking; bike rental; biking on snow or ice; orientation and instruction sessions; mountain bike trails, tours, travel to and from mountain bike areas by bike or ground transport.
ASSUMPTION OF RISKS
I am aware that I am voluntarily participating and that Mountain Biking involves many risks, dangers and hazards, which could result in damage, loss, serious physical injury, or death to me. Some of these risks, dangers and hazards include but are not limited to: overexertion, dehydration, fatigue, lack of fitness or conditioning, traumatic injury, bacterial infections, rashes and the transmission of communicable diseases, including viruses of all kinds, bacteria, parasites or other organisms, or any mutation thereof, loss of balance; failure to operate a bike safely or within one’s own ability; mechanical failure of equipment; variation or changes in the riding surface which may include steepness, blind spots or areas of reduced visibility, rocks, gravel, cliffs, trees, tree wells, roots, tree stumps, streams and creeks, natural and manmade features, drops and jumps; uneven or slippery pavement; traffic exposures; exposure to temperature extremes or changing or inclement weather; travel or transport to and from the sites used for mountain biking; travel on highways, backcountry and logging roads; encounters with domestic and wild animals, and cougars; collision with pedestrians, motor vehicles, and cyclists; becoming lost or separated from ones party; drowning in waterways; getting hit by a tree or by lightning, negligence of other participants; and negligence on the part of the Releasees, including the failure on the part of the Releasees to safeguard or protect me from the risks, dangers and hazards referred to above. Communication in the remote terrain which is sometimes used for Mountain Biking is difficult and in the event of an accident, rescue and medical treatment will not be readily available.
I acknowledge that I must wear a helmet while Mountain Biking and that the use of knee pads, elbow pads, gloves and eyewear are recommended. I also acknowledge that the use of my bicycle is subject to all municipal, provincial and federal laws. I am familiar with the proper use of the bicycle, including all quick release mechanisms, brakes and gear shifters, and I have fully inspected the mountain bike I will be using during the event and I have deemed it to be fully mechanically and safety capable for the purposes of mountain biking and I take full responsibility for its working condition.
I am aware of the risks, dangers and hazards associated with mountain biking and I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property damage or loss resulting therefrom.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees agreeing to my participation in Mountain Biking and permitting my use of their services, equipment and other facilities, and to be guided by the Releasees, and permitting my use of mountain biking trails, parking and other facilities and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
- To waive any and all claims that I have or may in the future have 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 Mountain Biking, 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, on the part of the Releasees, and further including the failure on the part of the Releasees to safeguard or protect me from the risks, dangers and hazards of participating in mountain biking referred to above;
- To hold harmless and indemnify the Releasees for any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in Mountain Biking;
- This Release 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 Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the province where the Mountain Biking takes place and no other jurisdiction; and
- Any litigation involving the parties to this Release Agreement shall be brought solely within the province where the Mountain Biking takes place and shall be within the exclusive jurisdiction of the Courts of that province.
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 Mountain Biking, other than what is set forth in this Release Agreement.
I consent to the use of my photograph, or presence in a video, as part of any of the Releasees’ undertakings. I understand that my image may be published or otherwise used at any time on any medium (including electronic, print and other media). I agree that I shall have no claim against the Releasees or against anyone accessing media on which my image appears.
**If you do not consent to the media release, please describe the brands and colours of clothes, helmet, protective equipment and bike to be used during the event:
I confirm that I have read and understood this release agreement prior to signing it, and I am aware that by signing this release agreement I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators, assigns and representatives may have against the Releasees.
Please enter your legal name as it appears on your passport.