TO: Archer Adventure Company Inc., and its employees, instructors, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors and assigns (hereinafter collectively referred to as the "Archer Adventure Company").
ASSUMPTION OF RISKS
I am aware that cycling, road biking, mountain biking and travel (hereinafter collectively referred to as the "ACTIVITIES") involve many risks, dangers and hazards including, but not limited to: bicycle equipment failure; changing weather conditions; encounters with wildlife; variation or steepness in terrain; exposed rock, earth and other natural objects; trees, tree wells, tree stumps, forest dead fall; the condition of the cycling surface, changes or variations in the cycling surface or sub‐surface; streams; holes in the cycling surface; cliffs; crevasses; the use of lifts; impact or collision with lift towers or other structures or objects used in connection with cycling; road‐banks or cut banks; travel on highways, roadways and back-country roads; becoming lost or separated from the guides or instructors; impact or collision with fences, all-terrain vehicles or other vehicles, equipment or structures; impact or collision with other mountain bikers; impact or collision with pedestrians; the failure to mountain bike safely or within my own ability or within designated areas; negligence of other riders, hikers and other persons; and NEGLIGENCE ON THE PART OF ARCHER ADVENTURE COMPANY OR ITS STAFF. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF ARCHER ADVENTURE COMPANY OR ITS STAFF TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES. USE OF TERRAIN, AND TECHNICAL TRAIL FEATURES INVOLVES INCREASED RISK OF INJURY. I am also aware that the risks, dangers and hazards referred to above may exist throughout the cycling area and many are unmarked. I have acquainted myself with the guided rides and have made sufficient inquiries of Archer Adventure Company to be confident my mountain biking skills will allow me to ride the cycling facilities I have chosen safely. This waiver also covers my participation in Skills Camps, Clinics, Private Instruction Courses and transport by Archer Adventure Company to and from the trail systems.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM, WITHOUT LIMITATION AND WILL HOLD ARCHER ADVENTURE COMPANY HARMLESS REGARDLESS OF NEGLIGENCE.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of Archer Adventure Company permitting my use of its training areas, cycling runs and trails, and other facilities (hereinafter referred to as "the cycling facilities"), I hereby agree as follows:
- TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against ARCHER ADVENTURE COMPANY, and its directors, officers, employees, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors and assigns (hereinafter collectively referred to as "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 use of, or my presence on, the cycling facilities 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 UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, c.337,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 THE ACTIVITIES REFERRED TO ABOVE;
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability, regardless of negligence for any loss, damage, injury or expense to any third party resulting from the use of the cycling facilities;
- 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 British Columbia and no other jurisdiction; and
- Any litigation involving the parties to this 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 Agreement I am not relying upon any oral or written representations or statements made by the Releasees with respect to the safety of the activities other than what is set forth in this Agreement.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS 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.