PLEASE READ CAREFULLY AS THIS IS A LEGAL DOCUMENT
BY SIGNING THIS AGREEMENT, YOU WILL GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE TO RECOVER COMPENSATION FOR ANY ACCIDENT, INJURY, COVID-19 AND/OR ANY OTHER VIRUS RELATED ILLNESS, LOSS OR DEATH TO YOURSELF OR THE MINOR, OR ANY DAMAGE/LOSS TO YOUR OR THE MINOR’S PROPERTY ARISING OUT OF YOUR OR THE MINOR’S PRESENCE AT AND/OR USE OF THE RIDING FEATURES, EQUIPMENT, OR ANY OF THE FACILITIES AT B-LINE INDOOR BIKE PARK LTD. PLEASE READ THIS AGREEMENT CAREFULLY.
I acknowledge and agree that in consideration of the biking, skateboarding, scooting, inline skating, and other similar activities organized by/or located at the any of the facilities and/or trails of B-Line Indoor Bike Park Ltd. (the “Bike Park”) or involving any of the Bike Park features and/or equipment, which activities may include any attendance, activities, events, services organized, sponsored, authorized by the Bike Park, use of the facilities and/or trails at the Bike Park, outdoor activities or programs, training, volunteering, supervision of minors, instructional sessions, use of equipment, transportation to all outdoor locations and any other activities, events and involvement with biking, skateboarding, scooting, inline skating, and other similar activities carried out at the Bike Park (hereafter collectively the “Riding Activities”), 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 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 and/or the Minor ever had, now have, or which I and/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 and/or the Minor’s participation in any of the Riding Activities, 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 and/or the Minor’s participating in any of the Riding Activities at and/or on the premises of the Bike Park, including, without limitation, use of its 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 and/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 Riding 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 Riding Activities. I am aware that the use of the Bike Park has inherent risks and accept same entirely at my and/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, or death arising from participating in the Riding Activities;
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 and/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 Riding Activities carried out at 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 involvement in Riding Activities at 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 and/or the Minor bring onto the premises of the Bike Park.
I understand that visiting the Bike Park could result in dangerous infection with the COVID-19 virus or any other transmittable illnesses, whether caused by negligence of the Bike Park or Released Parties or otherwise, which can result in respiratory problems, organ failure, permanent physical or mental disability, or death.
I agree that I and/or the Minor will not visit the Bike Park if: (1) to the best of my knowledge and awareness, I and/or the Minor am experiencing, or have experienced in the prior 14 days, flu-like symptoms or symptoms of any transmissible viral or bacterial infection or disease; or (2) to the best of my knowledge and awareness, I and/or the Minor have been in contact in the prior 14 days with any person diagnosed with the COVID-19 virus. I and/or the Minor will not attend at the Bike Park if I and/or the Minor have been advised by any medical authority, any government agency, or my and/or the Minor’s doctor to self-isolate due to possible exposure to COVID-19. I acknowledge other persons may be carrying the COVID-19 virus or other transmittable illnesses or recovered from it, and I acknowledge that I and/or the Minor have voluntarily chosen to assume any and all risks that the Bike Park may expose me and/or the Minor to such infections.
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 understand that alcohol, marijuana, and other drugs, both prescribed or non-prescribed have the capacity to impair my judgment and impair my physical and mental abilities. I acknowledge that the Bike Park does not permit attendance at or use of any of the facilities in the Bike Park after consuming alcohol or marijuana use.
I understand that the Bike Park s protected by video surveillance and I consent to the use of video surveillance on behalf of myself and/or on behalf of the Minor.
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 and/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 on my own behalf and/or that of the Minor, 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. This agreement supersedes and replaces any prior release(s) of claims/waiver of liabilities.
Intending to be legally bound, I have signed this Agreement on November 24, 2020