R8, 2021-07-06

NOTE: Ridetheory does not accept paper waivers, please submit electronically.



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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.


As a parent/guardian of a minor child who is wanting to participate, I am aware that Mountain Biking involves many risks, dangers and hazards, which could result in damage, loss, serious physical injury, or death to my child. 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 my child 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 my child 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 child’s bicycle is subject to all municipal, provincial and federal laws. I certify that I have fully inspected the mountain bike my child 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 understand that if I know or suspect that my child’s physical or mental condition may be incompatible with Mountain biking that I should seek medical advice before allowing my child to participate in Mountain Biking. I will immediately remove my minor child/ward from participation and notify the nearest official, if at any time I sense or observe any unusual hazard or condition or if I feel that my minor child has experienced any deterioration in his/her physical, emotional or mental fitness for continued participation in Mountain biking.

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.


In consideration of the Releasees agreeing to my child’s participation in Mountain Biking and permitting my child’s use of their services, equipment and other facilities, and to be guided by the Releasees, and permitting my child’s 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:

  1. 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 child’s 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 my child from the risks, dangers and hazards of participating in mountain biking referred to above
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  2. As the parent/guardian, I further agree 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 child’s participation in Mountain Biking;
  3. 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;
  4. 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
  5. 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 child’s photograph, or presence in a video, as part of any of the Releasees’ undertakings. I understand that my child’s 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 child’s image appears.

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Media Initial

**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.

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By checking here, you acknowledge you have read and understand the above terms, and are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.