BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS,
INCLUDING THE RIGHT TO SUE.
PLEASE READ CAREFULLY!
TO: BENJAMIN ROBERT JOHNSON, BENJAMIN ROBERT JOHNSON OPERATING AS MOUNTAIN MADNESS TOURS, EDMONTON BIKE RENTALS AND ELEMENT CYCLING and MULTISPORT LTD., their owners, directors, officers, employees, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors and assigns (all of whom are hereinafter collectively referred to as the Releasees).
DEFINITION: In this Agreement, the term Equipment Rental shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include, but is not limited to: road bike rental, travel, transport and accommodation, and other such activities, events, services in any way connected with or related to the rental of equipment from Benjamin Robert Johnson, Benjamin Robert Johnson operating as Mountain Madness Tours, Edmonton Bike Rentals, and Element Cycling and Multisport Ltd.
RENTAL AGREEMENT: I accept full responsibility for the equipment rented (the Equipment) and hereby agree to pay for any damage to the Equipment and replace the Equipment at full retail value if not returned by the agreed date or if the Equipment is damaged by any reason and agree to report any problems, mechanical or otherwise, upon returning the equipment.
SAFETY EQUIPMENT: I acknowledge that I have been advised to wear all necessary safety equipment at all times, including helmets and other protective equipment. Using proper safety equipment may be mandatory under provincial or federal law. I am aware that the use of this equipment is subject to all applicable municipal, provincial, and/or federal regulations.
EQUIPMENT USE: I am familiar with the proper use of the Equipment and its components, including but not limited to: all quick release mechanisms, brakes and gear shifters, and I have taken proper instructional lessons prior to its use. I am aware that there are technicians available to answer any questions that I may have as to the proper use of the Equipment. I have made no representations regarding my cycling ability.
ASSUMPTION OF RISKS: I am aware that the use of the Equipment involves risks, dangers and hazards; including, but not limited to: the loss of balance; difficulty or inability to control ones speed and direction; variation or steepness in terrain; rapid or uncontrolled acceleration on hills and inclines; mechanical failure of the Equipment and/or any of its components; changes or variation in the riding surface including rocks, gravel, cliffs, trees, roots, tree stumps, waterways and manmade structures such as bridges, ladders, berms and jumps; changing weather conditions; travel on highways and backcountry roads; encounters with domestic and wild animals; collision with pedestrians, motor vehicles, and other cyclists; failure to travel safely within ones own ability; negligence of other cyclists. Hazardous conditions may occur in the use of the Equipment and may be caused by but not limited to natural forces or people.
I acknowledge and accept that I am responsible for predicting whether the terrain used is safe for the use of the Equipment or whether an accident may occur. The terrain where I will use the Equipment may be uncontrolled, unmarked, not inspected and may involve many risks, dangers and hazards. These may include, but are not limited to: attacks by dogs or other animals; trees; falling trees; tree wells; tree stumps; holes and depressions on or below the ground surface; steep slopes; road banks; fences and other man-made structures; impact or collision with other cyclists; wind; lightening; inclement weather; failure to predict weather; unsafe driving; unsafe road conditions; failure to travel within ones ability or within designated areas; human error; failure to forecast or recognize a hazardous situation; negligence of other pedestrians, motorists and/or cyclists; and NEGLIGENCE ON THE PART OF THE RELEASEES AND THE EQUIPMENT MANUFACTURERS AND DISTRIBUTORS, OR THEIR EMPLOYEES, AND CONTRACTORS INCLUDING THE FAILURE OF MOUNTAIN MADNESS TOURS OR THEIR EMPLOYEES, AGENTS, AND CONTRACTORS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS AS A RESULT OF MY USE OF THE EQUIPMENT. I nevertheless freely and voluntarily assume all of the aforesaid risks and hazards and my use of the Equipment shall be entirely at my own risk.
I UNDERSTAND THAT MY USE OF THE EQUIPMENT, INCLUDING SAFETY EQUIPMENT, CANNOT GUARANTEE MY SAFETY OR FREEDOM FROM INJURY WHILE CYCLING. I AM AWARE THAT IT IS NOT POSSIBLE TO PREDICT EVERY CONDITION OR CIRCUMSTANCE UNDER WHICH THE EQUIPMENT AND/OR SAFETY EQUIPMENT WILL NOT OPERATE AS INTENDED. I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE USE OF THE EQUIPMENT AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS, AND HAZARDS, AND THE RESPONSIBILITY FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGES AND LOSS RESULTING THEREFROM.
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 rent me the Equipment and permitting my 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:
To waive any and all claims that I have or may in the future have against the Releasees and the equipment manufacturers and distributors 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, resulting from or arising out of my 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. There are no warranties, express or implied, concerning the Equipment listed on this form;
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 use of the Equipment;
This 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 Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Alberta and no other jurisdiction; and
Any litigation involving the parties to this Agreement shall be brought solely within the Province of Alberta and shall be within the exclusive jurisdiction of the Courts of the Province of Alberta.
In entering into this Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of my use of the Equipment, other than what is set forth in this 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.