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RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT




NOTICE TO RIDERS, PARENTS AND GUARDIANS


If you are new to the mountain biking program at WFMBike Ltd. (which includes Women's Freeride Movement programs and WFMBike Airbags Park) or if you are signing this Release Agreement as the parent or guardian of a younger rider, please take the time to review this document carefully and familiarize yourself with the mountain biking activities at WFMBike Ltd. Injuries are a common and expected part of mountain biking. Use of the WFMBike Airbags Park is for intermediate to advanced riders who already have the skills to jump properly. More challenging terrain, jumps, or features should not be attempted until the rider has the appropriate skill, experience, and equipment. Please speak to a WFMBike Staff member for more information regarding mountain biking and jumping on airbags with WFMBike.


STOP ­ READ THIS!!

WFMBike Airbag Park Rules

Important Information about the WFMBike Airbag Park

Use of the WFMBike Airbag Park involves the risk of injury. You control the degree of risk you will encounter in using the trails, jumps, airbags, and features in the WFMBike Park.

Do not attempt any of the trails, jumps, or features unless you have sufficient ability and skill to do so safely. Always ride in control and within your ability level. 

Helmets are mandatory in the WFMBike Airbag Park and protective padding is strongly recommended. Full suspension bikes and 24” minimum wheels are recommended. 

The WFMBike Airbag Park is not for first time cyclists. Intermediate to advance skills are required to ride the WFMBike Airbag Park. Do you agree that you have the skills and ability to ride the jumps and airbags safely? [Agree]

It is strongly recommended that children under the age of 15 do not ride alone and should be accompanied by an adult. Children under 12 must be accompanied by an adult.

Downhill riding only. Uphill riding and hiking, or crossing in front of jumps in the WFMBike Airbag Park is not permitted.

Beware of changing conditions on trails and features. It is your responsibility to inspect trails and features before using them.

Stay off access roads. Stop at all road crossings.

The minimum age to ride the WFMBike Airbag Park is 10 years old, unless participating in a WFMBike program for kids or Parents/Guardians give permission and stay to supervise.

As with many adventure sports, riding in the WFMBike Airbag Park involves the risk of injury, including serious injury, head injury, paralysis or death. The risk of injury increases with the degree of difficulty of the trail, jump, speed, and the speed of descent. Although the risk of injury can never be eliminated, the rider can manage the risk through controlling speed and choosing terrain appropriate for the rider’s skill and experience. Orientation sessions, lessons, clinics, and coaching offered through the WFMBike Airbag Park will also assist the rider in managing the risk of injury. 

I have read and understood the above rules.

I Agree


MOUNTAIN BIKERS RESPONSIBILITY CODE (MBR CODE)


RIDE IN CONTROL AND WITHIN YOUR ABILITY LEVEL AT ALL TIMES. You must be able to stop and avoid other people or objects

PROTECT YOURSELF. Helmets are mandatory in the WFMBike Airbag Park. Other protective equipment is strongly recommended.

DO NOT RIDE if your ability or judgement is impaired by drugs, alcohol or fatigue.

INSPECT AND MAINTAIN YOUR BIKE or have it checked by a qualified bike mechanic before you ride.

OBEY SIGNS AND WARNINGS. Stay on marked trails. Do not cut switchbacks and keep off of closed areas.

INSPECT TRAILS AND FEATURES. Conditions change constantly on trails and features.

BE LIFT SMART. You must have the physical dexterity, ability and knowledge to safely load, ride and unload lifts. Ask if unsure.

LOOK OUT FOR OTHERS. Avoid riders ahead of you. They have the right of way. Yield to other riders when entering a trail.

BE VISIBLE. Do not stop where you obstruct a trail or are not visible from above.

COOPERATE if you are involved in or witness a collision or accident.


KNOW THE CODE – BE SAFETY CONSCIOUS. IT IS YOUR RESPONSIBILITY.

PARK PRIVILEGES MAY BE REVOKED FOR BREACH OF THE MBR CODE.


 

MOUNTAIN BIKE CHECKLIST

The trails, jumps, features of the WFMBike Airbag Park are rough and demanding on both the bike and body. Before riding always inspect your equipment or have it checked by a qualified bike mechanic.

1. Ensure your helmet is in good shape and properly adjusted.

2. Inspect bike frame for cracks and damaged or dented areas.

3. Ensure you have sufficient brake pad to stop your bike while descending.

4. Front and rear axles (skewers) should be tight.

5. Headset and stem must be secure with no looseness or play.

6. Check that your tires are in good condition, with no tears or cuts in the sidewall.

7. Handle bar and handle grips must be tight and unable to spin. Seat and seat post need to be fastened securely.


I have read the MBR and safety checked my bike. 

I Agree


WFMBIKE LTD LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter the “Release Agreement”)

BY SIGNING THIS RELEASE AGREEMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT.



PLEASE READ CAREFULLY!  


This Agreement shall apply to all subsequent Lessons, Clinics, Events, Bike Park Pass, Day passes, Punch cards, and Card renewals.

I Agree

 

TO: WFMBike Ltd, Women’s Freeride Movement, WFMBike Airbag Park, each of their affiliated companies and subsidiaries, Whistler Blackcomb and their respective affiliates, subsidiaries, directors, officers, employees, agents, independent contractors, subcontractors, representatives, successors and assigns, and all organizers, officials, workers, volunteers, participants, sponsors, promoters and advertisers involved with mountain biking at WFMBike (all of whom are hereinafter collectively referred to as the “RELEASEES”).


DEFINITIONS

In this Release Agreement, the term “mountain biking” shall include all activities, events, services or use of facilities provided, arranged organized or conducted by the Releasees including but not limited to: cycling; bike descents; mountain bike tours; bicycle camps; use of the WFMBike airbags, WFMBike airbag park, and other indoor and outdoor facilities; bicycle skills training; use of trails, jumps, features, and roads; guided mountain biking activities; races; competitions; clinics, demonstrations and events; orientation and instructional courses and sessions; big air contests; giant slalom, dual slalom, downhill, and biker cross events; BMX courses and races; use of mountain boards, e-bikes or any other type of wheeled self-propelled conveyance; and all other related activities, events or services.


ASSUMPTION OF RISKS

Injuries are a common and expected part of mountain biking. Mountain biking at WFMBike Airbag Park takes place on steep and rugged terrain and features that are both physically and technically challenging and will expose the rider to many risks, dangers and hazards. These include but are not limited to: use of chairlifts and gondolas; changing weather conditions; mechanical failure of equipment; falls; loss of balance; high speed descents; difficulty or inability to control one’s speed and direction; rapid or uncontrolled acceleration on hills and inclines; extreme variation in cycling terrain including steep or slippery sections, trees, roots, tree stumps, logs, cliffs, rocks, rock drops, loose gravel, holes, depressions, streams and creeks; constructed feature such as bridges, ramps, ladders, bumps, berms, jumps, and drops; collisions with natural and constructed objects, other mountain bikers, vehicles, pedestrians, spectators and officials; encounters with domestic and wild animals including dogs and bears; negligence of other riders or users of the premises; and NEGLIGENCE 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 MOUNTAIN BIKING.


SAFETY

I have been advised to wear an approved helmet and other protective equipment such as elbow/forearm and knee/shin armour when mountain biking. Use of a helmet is mandatory in the Bike Park. Please refer to the ‘Stop – Read This’ sign, Mountain Bikers Responsibility Code and Mountain Bike Checklist for further safety information.


COMPETITIONS

I acknowledge that the risks, dangers and hazards of mountain biking are increased during races, competitions and contests, due to the competitive nature of the activity and the fact that there will be other participants on the course. 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.


COVID-19/SICKNESS

Exposure to COVID-19, disease and sicknesses (“sickness”) is an inherent risk of mountain biking at WFMBike. Every participant has the responsibility to enjoy a safe experience. The resort cannot eliminate the risk that a participant is exposed while engaged in mountain biking. I agree it is my responsibility to (1) follow all instructions, signage, warnings, and guidelines; (2) stay home if sick or experiencing symptoms of any sickness; (3) if required, wear a face covering and maintain at least 6 feet physical distancing from other guests, including in lift lines; and (4) wash and sanitize hands frequently.


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 my participation in mountain biking at WFMBike/Women's Freeride Movement and my use of services, equipment and facilities at WFMBike LTD, Callaghan Country LTD 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 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. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF MOUNTAIN BIKING REFERRED TO ABOVE;


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 resulting from my 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 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 Province of British Columbia.


This Agreement shall apply to all subsequent WFMBike Park Pass, Punch Cards, Day Passes, and Card renewals.


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 Mountain Biking, other than what is set forth in this Release Agreement.


I CONFIRM THAT I HAVE READ AND AGREE TO 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.


If a minor/child/infant is participating in Mountain Biking, I represent that I am the minor/child/infant participant’s parent or legal guardian that I VOLUNTARILY GRANT PERMISSION FOR HIM/HER TO TAKE PART IN THE ACTIVITY. I acknowledge that I am signing this Release Agreement on behalf of the minor/child/infant and that THEY SHALL BE BOUND BY ALL THE TERMS OF THIS RELEASE. If my child is participating, I also acknowledge that: (a) I have spoken to my child about Mountain Biking; (b) my child understands and appreciates the risks of Mountain Biking; and (c) my child is voluntarily participating in Mountain Biking. By signing this agreement without a parent or guardian’s signature, I represent that I am at least 19 years old. I AGREE TO INDEMNIFY THE RELEASED PARTIES FOR ALL LIABILITY AND CLAIMS, INCLUDING ATTORNEYS’ FEES, arising from any misrepresentations in or fraudulent execution of this agreement.


WFMBike Ltd. respects your privacy. By providing your or another individual's personal information to WFMBike or its affiliates, you agree, and confirm your authority from such other individual. WFMBike agrees to not share you personal information, unless litigation ensues. If litigation ensues, all parties involved will have access to pertaining information. Information relating to litigations will not be share with the public.



I have read and agree to the terms of the Release of Liability.

I Agree










First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Information
Please rate your bike jumps skills, and knowledge of jumping.*
No Jump Skills
Beginner Jump Skills
Intermediate Jump Skills. (They have intermediate jumps skills, if you are filling this form out for a minor)
Advanced Jump Skills
WFMBike has photographers/videographers at our events and uses photos/videos for promotion, social media, stories, videos, and out media related items. If you consent to the use of your photos/videos for WFMBike/Women's Freeride Movement media related content and promotions. Please check yes. If not please select no Parents and Guardians, please pick for you child.*
No
Yes
You understand that this waiver will be your waiver for every event, visit, clinic, competition, jam, or social events that you attend with WFMBike/ Women's Freeride Movement. This waiver will be good for every event for the next six months from the date you provided.*
No
Yes
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Second Participant's Information
Please rate your bike jumps skills, and knowledge of jumping.*
No Jump Skills
Beginner Jump Skills
Intermediate Jump Skills. (They have intermediate jumps skills, if you are filling this form out for a minor)
Advanced Jump Skills
WFMBike has photographers/videographers at our events and uses photos/videos for promotion, social media, stories, videos, and out media related items. If you consent to the use of your photos/videos for WFMBike/Women's Freeride Movement media related content and promotions. Please check yes. If not please select no Parents and Guardians, please pick for you child.*
No
Yes
You understand that this waiver will be your waiver for every event, visit, clinic, competition, jam, or social events that you attend with WFMBike/ Women's Freeride Movement. This waiver will be good for every event for the next six months from the date you provided.*
No
Yes
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Third Participant's Information
Please rate your bike jumps skills, and knowledge of jumping.*
No Jump Skills
Beginner Jump Skills
Intermediate Jump Skills. (They have intermediate jumps skills, if you are filling this form out for a minor)
Advanced Jump Skills
WFMBike has photographers/videographers at our events and uses photos/videos for promotion, social media, stories, videos, and out media related items. If you consent to the use of your photos/videos for WFMBike/Women's Freeride Movement media related content and promotions. Please check yes. If not please select no Parents and Guardians, please pick for you child.*
No
Yes
You understand that this waiver will be your waiver for every event, visit, clinic, competition, jam, or social events that you attend with WFMBike/ Women's Freeride Movement. This waiver will be good for every event for the next six months from the date you provided.*
No
Yes
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information
Please rate your bike jumps skills, and knowledge of jumping.*
No Jump Skills
Beginner Jump Skills
Intermediate Jump Skills. (They have intermediate jumps skills, if you are filling this form out for a minor)
Advanced Jump Skills
WFMBike has photographers/videographers at our events and uses photos/videos for promotion, social media, stories, videos, and out media related items. If you consent to the use of your photos/videos for WFMBike/Women's Freeride Movement media related content and promotions. Please check yes. If not please select no Parents and Guardians, please pick for you child.*
No
Yes
You understand that this waiver will be your waiver for every event, visit, clinic, competition, jam, or social events that you attend with WFMBike/ Women's Freeride Movement. This waiver will be good for every event for the next six months from the date you provided.*
No
Yes
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information
Please rate your bike jumps skills, and knowledge of jumping.*
No Jump Skills
Beginner Jump Skills
Intermediate Jump Skills. (They have intermediate jumps skills, if you are filling this form out for a minor)
Advanced Jump Skills
WFMBike has photographers/videographers at our events and uses photos/videos for promotion, social media, stories, videos, and out media related items. If you consent to the use of your photos/videos for WFMBike/Women's Freeride Movement media related content and promotions. Please check yes. If not please select no Parents and Guardians, please pick for you child.*
No
Yes
You understand that this waiver will be your waiver for every event, visit, clinic, competition, jam, or social events that you attend with WFMBike/ Women's Freeride Movement. This waiver will be good for every event for the next six months from the date you provided.*
No
Yes
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information
Please rate your bike jumps skills, and knowledge of jumping.*
No Jump Skills
Beginner Jump Skills
Intermediate Jump Skills. (They have intermediate jumps skills, if you are filling this form out for a minor)
Advanced Jump Skills
WFMBike has photographers/videographers at our events and uses photos/videos for promotion, social media, stories, videos, and out media related items. If you consent to the use of your photos/videos for WFMBike/Women's Freeride Movement media related content and promotions. Please check yes. If not please select no Parents and Guardians, please pick for you child.*
No
Yes
You understand that this waiver will be your waiver for every event, visit, clinic, competition, jam, or social events that you attend with WFMBike/ Women's Freeride Movement. This waiver will be good for every event for the next six months from the date you provided.*
No
Yes
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information
Please rate your bike jumps skills, and knowledge of jumping.*
No Jump Skills
Beginner Jump Skills
Intermediate Jump Skills. (They have intermediate jumps skills, if you are filling this form out for a minor)
Advanced Jump Skills
WFMBike has photographers/videographers at our events and uses photos/videos for promotion, social media, stories, videos, and out media related items. If you consent to the use of your photos/videos for WFMBike/Women's Freeride Movement media related content and promotions. Please check yes. If not please select no Parents and Guardians, please pick for you child.*
No
Yes
You understand that this waiver will be your waiver for every event, visit, clinic, competition, jam, or social events that you attend with WFMBike/ Women's Freeride Movement. This waiver will be good for every event for the next six months from the date you provided.*
No
Yes
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information
Please rate your bike jumps skills, and knowledge of jumping.*
No Jump Skills
Beginner Jump Skills
Intermediate Jump Skills. (They have intermediate jumps skills, if you are filling this form out for a minor)
Advanced Jump Skills
WFMBike has photographers/videographers at our events and uses photos/videos for promotion, social media, stories, videos, and out media related items. If you consent to the use of your photos/videos for WFMBike/Women's Freeride Movement media related content and promotions. Please check yes. If not please select no Parents and Guardians, please pick for you child.*
No
Yes
You understand that this waiver will be your waiver for every event, visit, clinic, competition, jam, or social events that you attend with WFMBike/ Women's Freeride Movement. This waiver will be good for every event for the next six months from the date you provided.*
No
Yes
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information
Please rate your bike jumps skills, and knowledge of jumping.*
No Jump Skills
Beginner Jump Skills
Intermediate Jump Skills. (They have intermediate jumps skills, if you are filling this form out for a minor)
Advanced Jump Skills
WFMBike has photographers/videographers at our events and uses photos/videos for promotion, social media, stories, videos, and out media related items. If you consent to the use of your photos/videos for WFMBike/Women's Freeride Movement media related content and promotions. Please check yes. If not please select no Parents and Guardians, please pick for you child.*
No
Yes
You understand that this waiver will be your waiver for every event, visit, clinic, competition, jam, or social events that you attend with WFMBike/ Women's Freeride Movement. This waiver will be good for every event for the next six months from the date you provided.*
No
Yes
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information
Please rate your bike jumps skills, and knowledge of jumping.*
No Jump Skills
Beginner Jump Skills
Intermediate Jump Skills. (They have intermediate jumps skills, if you are filling this form out for a minor)
Advanced Jump Skills
WFMBike has photographers/videographers at our events and uses photos/videos for promotion, social media, stories, videos, and out media related items. If you consent to the use of your photos/videos for WFMBike/Women's Freeride Movement media related content and promotions. Please check yes. If not please select no Parents and Guardians, please pick for you child.*
No
Yes
You understand that this waiver will be your waiver for every event, visit, clinic, competition, jam, or social events that you attend with WFMBike/ Women's Freeride Movement. This waiver will be good for every event for the next six months from the date you provided.*
No
Yes
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Private Instruction
Are you receiving instruction from someone other than a WFMBike Instructor/Employee while riding WFMBike Airbags?*
No
Yes
If yes. Do you understand that WFMBike LTD. is not responsible for any injuries/damages that may incur during your lesson/instruction/session with this person/instructor/guide/friend?*
No
yes
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Information
Please rate your bike jumps skills, and knowledge of jumping.*
No Jump Skills
Beginner Jump Skills
Intermediate Jump Skills. (They have intermediate jumps skills, if you are filling this form out for a minor)
Advanced Jump Skills
WFMBike has photographers/videographers at our events and uses photos/videos for promotion, social media, stories, videos, and out media related items. If you consent to the use of your photos/videos for WFMBike/Women's Freeride Movement media related content and promotions. Please check yes. If not please select no Parents and Guardians, please pick for you child.*
No
Yes
You understand that this waiver will be your waiver for every event, visit, clinic, competition, jam, or social events that you attend with WFMBike/ Women's Freeride Movement. This waiver will be good for every event for the next six months from the date you provided.*
No
Yes
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you 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.


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