In consideration of the use of the biking trails, biking features, equipment, and any of the facilities of B-Line Indoor Bike Park Ltd. (the “Bike Park”), I hereby release, waive, and discharge the Bike Park, its affiliates, members, officers, directors, shareholders, employees, coaches, instructors, volunteers, agents, independent contractors, the landlord/owner of the buildings, the designers and engineers, manufacturers, installers and distributors of the Bike Park’s manufactured biking trails and features and equipment, and any of their respective members, officers, directors, employees, agents, or representatives, or any one or more of them (collectively, the “Released Parties”) from any and all liability, actions, causes of action, suits, debts, statutory obligations, sums of money, claims and demands of every nature and kind whatsoever, at law or in equity, which I or the Minor ever had, now have, or which I or the Minor may at any future time have against the Released Parties, or any one or some of them, arising out of or in any way connected with my or the Minor’s participation in any activity at the Bike Park, including claims that allege negligent acts or omissions of the Released Parties, or claims arising from any statute, including, without limitation, the Occupiers’ Liability Act, R.S.A. 2000, c. O-4 (collectively, the “Claims”).
I agree to indemnify and/or totally compensate the Released Parties from and against all Claims arising as a result of my or the Minor’s participating in any activity at or on the premises of the Bike Park, including, without limitation, use of the biking trails, equipment and facilities. I agree to pay for all legal fees that are incurred as a result of any Claims made by me or on my behalf, or on the Minor’s behalf, or that are otherwise related to or caused by my or the Minor’s actions or inactions.
I understand that by signing this Agreement, I am giving up the right to sue or make any Claim against the Released Parties on my behalf or on behalf of the Minor, and that this Agreement shall be binding on the heirs, executors, administrators, assigns, and personal representatives of myself or the Minor.
If any portion of this Agreement is held invalid, I agree that the remainder of the Agreement shall remain in full legal force and effect.
I appreciate that this Agreement applies whether the Released Parties are at fault or not and it limits the liability of all of the Released Parties, notwithstanding that not all of the Released Parties are formal parties to this Agreement. I understand that the Bike Park, in securing execution of this Agreement by myself or by myself on behalf of the Minor, is acting as agent or trustee on behalf of or for the benefit of the Released Parties, who shall to this extent be or be deemed to be parties to this Agreement.
I acknowledge and understand that biking, skateboarding, scooting, and other similar activities carried out at the Bike Park are dangerous and hazardous activities that are both physically and technically challenging and that require varying degrees of skill and experience for the different surfaces and venues within the Bike Park. I understand that serious bodily injury and damage to property is a common and expected part of the above activities. I am aware that the use of the Bike Park has inherent risks and accept same entirely at my or the Minor’s own risk. I understand that the risks associated with that use include, but are not limited to:
a) All manner of injury, including but not limited to bruises, scrapes, cuts, sprains, strains, dislocations, broken bones, and head, facial, or dental injuries, resulting from impacting against any floor, ramp, steps, curbs, bumps, berms, bowls, drops, skinnies, jumps, bridges, inclines, declines, or any other such structure or device, or other persons, while using the facilities at the Bike Park;
b) Injuries, death, or damage to property resulting from the actions or omissions of others, including those with a greater or lesser degree of skill than I or the Minor, or those with no experience or skill at all; and
c) Injuries, death, or damage to property resulting from simply being present at the Bike Park and/or observing, photographing, or video recording the activities at the Bike Park.
I acknowledge that the above list is not inclusive of all possible risks associated with use of the facilities of the Bike Park and in no way limits the extent or reach of this assumption of risk, release of liability, and indemnification. I understand that no amount of care, caution, instruction or expertise can eliminate the inherent dangers associated with these activities. I freely accept and fully assume any and all risks of loss, damage, and injury, known and unknown, even if arising from negligence on the part of the Released Parties.
If executing this Agreement on behalf of the Minor, I acknowledge and agree that the Minor’s presence at and use of the Bike Park has inherent dangers, including but not limited to the risks listed above, and that I have read and/or explained to the Minor, as soon as reasonably possible, the above risks and the importance of following the rules of the Bike Park, and initialed this section on behalf of the Minor. I freely accept and fully assume on behalf of the Minor any and all risks of loss, damage, and injury, known and unknown, even if arising from negligence on the part of the Released Parties.
I agree that the Released Parties are not responsible in the event of loss, damage, unauthorized use, theft, or injury resulting from and to any personal property that I or the Minor bring onto the premises of the Bike Park.
I understand that the Bike Park has general rules and equipment-specific rules. I understand that general and equipment-specific rules are posted in the facilities of the Bike Park and online at www.blineindoor.com. I agree that I will read and ensure that I understand the rules of the Bike Park, or that I will read to the Minor and ensure that the Minor understands the rules of the Bike Park, and that I or the Minor will abide by those rules, as well as others posted throughout the Bike Park.
I have read and understood this Agreement and am executing this Agreement freely and voluntarily without any compulsion on the part of the Released Parties. I understand that this Agreement contains a promise not to sue the Released Parties and provides for a release and indemnity for all Claims.
Intending to be legally bound, I have signed this Agreement on January 18, 2020