Signature of Participant: TO Golden Cycling Cluband its directors, officers, employees, volunteers, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, organizers, other persons or organizations involved with operations or events including search and rescue and first aid attendants, property owners, lessees or occupiers on which trails are located or events are held, successors and assigns (all of whom are hereinafter referred as “the Releasees”) DEFINITIONS In this Release Agreement: the term "Mountain Biking" means andincludes all activities, events including a Special Event, services and use of facilities or trails in the Golden area whether or not provided, arranged, constructed or maintained by the Releasees, including, but not limited to: events, races, competitions, orientation and instruction sessions, trail-building or maintenance activities; use of trails, features or structures man-made or otherwise, recreational activities undertaken during an event; tours; travel by mountain bike; all travel either within or beyond designated boundaries, including in the backcountry and on logging roads and trails and shall include year-round travel or use on groomed or ungroomed trails and all related activities. The term “Special Event” means a specific biking activity, race or event and includes any ancillary services or activities connected to such Special Event arranged, organized, conducted, sponsored or authorized by the Releasees and also includes temporary shelter arrangements, transportation and logistics, catering or food service, course marking, mapping, website design or function, publicity and media activities, event organization, judging or refereeing, gatherings, banquets, seminars and sessions, presentations or award ceremonies.
ASSUMPTION OF RISKS I am aware that Mountain Biking involves many inherent risks, dangers and hazards, including but not limited to: exposed rock, earth, ice or other natural objects; trees, tree wells, tree stumps, forest deadfall; holes and depressions on or beneath the trail or surface; variable and difficult weather conditions; changes or variations in the terrain which may create blind spots or areas of reduced visibility; streams and creeks; cliffs; canyons; water-bodies; crevasses; travel on back-country roads; snowcat or logging roads, road-banks and cut-banks; impact or collision with other mountain bikes, trail-users, animals, vehicles, trees, structures or the earth; poorly constructed, poorly maintained or unmaintained trails, poorly constructed, poorly maintained or unmaintained structures or features whether man-made or not; becoming lost or separated from guides or other participants; mechanical failure of mountain bikes and related equipment; misdirection due to missing, poor or incorrect signage, flagging or any other form of directions; extreme and rapidly changing weather conditions; terrain alterations or closures due to fire bans, poor air quality, weather conditions or any other causes; encounters with wildlife including bears or cougars; avalanches, floods or landslides; the failure to operate a mountain bike safely or within one's own ability; failure to wear an approved helmet (eg: CSA, ANSI, ASTM or Snell B-95, a “Helmet”) while participating in Mountain Biking, negligence of other mountain bikers, spectators and other persons; AND NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE BY THE RELEASEES TO SAFEGUARD OR PROTECT MY CHILD OR MINOR FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE. Communication in wilderness terrain may be difficult, and in the event of an accident, rescue, medical treatment and evacuation may not be available or may be delayed. Mountain or wilderness weather conditions may be extreme and can change rapidly and without warning. I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH MOUNTAIN BIKING AND I FREELY ACCEPT ON BEHALF OF MY CHILD/MINOR 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 child or minor’s participation in Mountain Biking and permitting their use of their services, equipment 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 or the child/minor I represent 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 or the child/minor I represent may suffer or that my or their next of kin may suffer, as a result of their 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 OR MINOR FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN MOUNTAIN BIKING REFERRED TO ABOVE; 2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for and against all actions, proceedings, expenses and claims, demands and costs which may be brought against or which any RELEASEE may suffer, sustain, pay or incur by reason of any matter or thing arising out of or attributable to my child or minor’s participation in Mountain Biking, including but not limited to any property damage, loss or personal injury to any third party and shall also include any claims or demands brought against any RELEASEES by my child or minor and any costs resulting therefrom. 3. This Release Agreement shall be effective and binding upon my child or the minor I represent’s heirs, next of kin, executors, administrators, assigns and representatives, in the event of their 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. 6. I acknowledge that when participating in a Special Event, wearing an approved Helmet in good working condition is a mandatory requirement for participation. I also acknowledge that serious injury or death is a possibility even if my child or minor wears a Helmet. 7. I unconditionally and irrevocably authorize and grant the RELEASEES all authority, right, license and permission to the use of my child or minors’ portrait, picture, photograph, audio or video recording (their “likeness”) by the RELEASEES on any website, social media or any other online or print publications used by the RELEASEES. I understand that these publications will be made available online in print or other formats as applicable. I waive any and all claims against the RELEASEES arising out of or related to any use of their likeness. 8. I acknowledge and agree that Golden Cycling Club may use my contact details to contact me and to send me information related to previous or upcoming Golden Cycling Club events, activities, newsletters and other related updates. 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 or any Special Event, other than what is set forth in this Release Agreement. I CONFIRM THAT I AM THE LEGAL GUARDIAN OF THE MINOR PARTICIPANTS NAMED ABOVE. I CONFIRM ON MY OWN BEHALF AND ON BEHALF OF THE CHILD OR MINOR/S I REPRESENT 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 AND THE CHILD OR MINOR/S I REPRESENT AND MY OR THEIR HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
Signed this day of April 26, 2025. |
