BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
PLEASE READ CAREFULLY!
TO: MANNA HOUSE CA and its directors, officers, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers and assigns (all of whom are hereinafter referred as “the Releasees”).
In this Release Agreement the term “Equipment” and “Cycling” shall include all activities, rides and services provided, promoted or authorized by the Releasees and shall include, but is not limited to: riding or usage of a bicycle; and other such activities connected with or related to the usage of equipment and services.
I accept full responsibility for the Equipment used to pay a portion of the Vacation Rental Damage Deposit ($300) as full or partial compensation for failing to return said bike(s) in as good condition as when received (ordinary wear and tear, such as scratched paintwork excluded); for reimbursement of articles damaged, missing or broken and if not returned by the agreed date.
I agree to report any accident, malfunction or breakdown of the Equipment to the Releasee immediately. I acknowledge my responsibility for the safe and proper operation of the Equipment.
I agree the Releasee will not be held liable for damages, inconvenience and/or time lost caused by accident breakdown or malfunction of the Equipment. I agree the Releasee will not be held liable for loss or damages that occur to my personal property while Cycling, including loss or damage caused by accident, theft or any other cause.
I have been advised to wear an approved helmet while Cycling, and to comply with all applicable municipal and provincial highway laws and regulations. I am familiar with the proper use of the Equipment, including all quick release mechanisms, brakes and gear shifters. I am aware that there are staff available to answer any questions that I may have as to the proper use of the Equipment.
ASSUMPTION OF RISKS
I am aware that participation in Cycling involves many risks, dangers and hazards including, but not limited to: changing weather conditions; mechanical failure of the Equipment; loss of balance; difficulty or inability to control one’s speed and direction; variation or changes in the cycling surface including slippery surfaces, holes, depressions, loose gravel, etc.; impact or collision with pedestrians, motor vehicles or other cyclists; encounters with domestic or wild animals; failing to cycle safely or within one's own ability. 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. Use of the Equipment is entirely at my own risk.
I state that to the best of my knowledge I have no medical, physical or mental health conditions that would hinder or prevent my active participation in this activity.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees agreeing to my participation in Cycling and permitting my use of their services, equipment and other facilities, and for 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 next of kin may suffer, as a result of my participation in Cycling or use of the Equipment, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF WARRANTY ON THE PART OF THE RELEASEES IN RESPECT OF THE DESIGN, MANUFACTURE, SELECTION, INSTALLATION, MAINTENANCE, INSPECTION, SERVICE OR REPAIR OF THE EQUIPMENT, or in respect of the provision of or the failure to provide any warnings, directions, instructions or guidance as to the use of the Equipment.
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss or personal injury to any third party from my participation in Cycling or use of the Equipment;
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 of British Columbia and no other jurisdiction; and
5. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.
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 Cycling, other than what is set forth in this Release Agreement.
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.