2006171 ALBERTA LTD.
OPERATING AS ‘URBAN PEDAL TOURS’
BY SIGNING THIS DOCUMENT, YOU WILL WAIVE LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE
PLEASE READ CAREFULLY
In consideration of 2006171 Alberta Ltd. (hereby referred to as “Urban Pedal Tours”) allowing my participation in the recreational cycling bar tour (hereby referred to as the “Activity”), I acknowledge and agree on behalf of myself, my heirs, assigns, personal representatives and next of kin, that:
- I am aware that this Activity may involve the voluntary consumption of alcohol both on the Vehicle and/or at venues along the Activity route. I understand that Urban Pedal Tours and its officers, directors, employees, agents and representatives, and any other person, organization or entity involved in the Activity (all of whom are collectively referred to elsewhere in this document as "Urban Pedal Tours"), or any venue visited during the Activity do not require me to consume alcohol to participate in the Activity;I assume, without qualification or limitation, all of these known and unknown dangers and risks;
- I am aware that there are many known and unknown dangers and risks associated with participation in this Activity, including the risk of serious injury or death which are inherent in cycling, exercise, and related activities. These inherent risks include, but are not limited to, the dangers of serious personal injury, exercise and exertion, physical contact with other vehicles, other individuals and road hazards, falling or tripping due to road hazards, uneven surfaces and debris, falling from heights (including falling off the Vehicle), and other hazards associated with travel in a vehicle. I further acknowledge and understand that these injuries and damages cannot be eliminated without destroying the unique character of the vehicle;I accept full responsibility for understanding and following the rules and safe practices associated with participation in this Activity and I accept that full responsibility for my personal safety rests with me at all times;
- I am aware that the consumption of alcohol can be hazardous to my health and may cause or increase the risk of injury, accidents or even death. I am also aware that consuming alcohol in combination with other substances, such as cannabis or certain prescription medications, may result in greater impairment or other side effects and I FULLY ACCEPT AND ASSUME ALL RISKS AND RESPONSIBILITY FOR INJURY resulting from consuming a combination of potentially impairing substances;
- I assume, without qualification or limitation, all of these known and unknown dangers and risks;
- I have satisfied myself that I am physically, emotionally and mentally able to participate in this Activity and that my attire and my equipment, if any, is safe and suitable for use in this Activity;
- By participating in the Activity, I agree to ensure that any consumption of alcohol on my part is done responsibly. I accept full responsibility for understanding and following the rules and safe practices associated with participation in this Activity and I accept that full responsibility for my personal safety rests with me at all times;
- I will immediately remove myself from participation, and notify the nearest official of Urban Pedal Tours, if at any time I sense or observe any unusual hazard or unsafe condition or if there is any change in my physical, mental or emotional fitness for continued participation in the Activity;
- I agree and acknowledge that Urban Pedal Tours has the right to remove me from the Activity and prevent my further participation if I appear to be intoxicated, act inappropriately or my conduct interferes with others’ safety or enjoyment of the tour;
- I acknowledge that I am fully responsible for transportation to my ultimate destination following the Activity. I FULLY ACCEPT AND ASSUME ALL RISKS AND RESPONSIBIITY FOR ANY INJURY I incur or cause to occur to others as a result of my failure to take caution while operating a vehicle after participating in the Activity or choosing to consume alcohol during the Activity;
- I RELEASE, WAIVE and FULLY DISCHARGE Urban Pedal Tours, from any and all claims, demands, obligations and liabilities of any kind or nature whatsoever arising from or connected, directly or indirectly, with my presence at or participation in the Activity due to any cause whatsoever, including NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT AND BREACH OF ANY STATUTORY DUTY OR OTHER DUTY, and I accept that this release covers and includes, but is not limited to, all unknown and unforeseen claims, injuries, damages and losses, and any consequences thereof;
- Urban Pedal Tours acts solely as agent in arranging venue visits and does not assume liability for accidents, delays, injuries, loss or damage due to any act or default of any company, organization or person engaged in rendering service for any tour or by the act of default of any venue or its employees;
- I fully understand that Urban Pedal Tours has not tried to contradict or minimize my understanding of these risks. I know that injuries and damages can occur by natural causes of other persons, other users, and staff of Urban Pedal Tours or other third parties, either as a result of negligence or because of other reasons. I understand the risks of such injuries and damages involved in the vehicle and I appreciate that I MAY have to exercise care for my own person and for others around me in the face of such hazards. I further understand that there may not be medical personnel or medical facilities or expertise necessary to deal with the injuries and damages to which I may be exposed.
- I will INDEMNIFY and HOLD HARMLESS Urban Pedal Tours from any damage, loss, liability, legal costs and other expenses that it may suffer or incur by reason of any claim against it arising from or connected, directly or indirectly, with my presence at or participation in the Activity, including any claim based on NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT AND BREACH OF STATUTORY DUTY OR OTHER DUTY. Such negligence, gross negligence, breach of contract and breach of statutory duty or other duty may include, but not be limited to, negligent operation and supervision of the vehicle, negligent maintenance or operation of the equipment or vehicle in general, negligent manufacturer of or us of equipment to be used in the vehicle, including the vehicle itself, and the negligent provision of emergency response services.
- I will INDEMNIFY and HOLD HARMLESS Urban Pedal Tours from any damage, loss, liability, legal costs and other expenses that it may suffer or incur by reason of any claim against it arising from or connected, directly or indirectly, with my activities at any third party institution including, but not limited to, any restaurant, bar, shopping centre, or place of business which Urban Pedal Tours may bring the participants of the Activity on the tour.
- I have read this document thoroughly and I understand that, by signing it, I will WAIVE AND GIVE UP IMPORTANT LEGAL RIGHTS, including the right to sue. I have been afforded a full and unconstrained opportunity to withdraw from the Activity, should I not wish to assume all of the dangers and risks associated with it, but I have freely and voluntarily elected to assume all of these dangers and risks, to give up important legal rights as set out in this document, and to participate in the Activity.
- Should any provision or any part of any provision of this Assumption of Risks Waiver and Release of Claims Indemnity Agreement (hereby referred to as the “Contract”) be held to be invalid or legally un-enforceable for any reason, the remaining sections of the Contract shall not be effected thereby and shall remain valid and fully enforceable.
- I hereby grant full permission to Urban Pedal Tours to use any photographs, motion pictures, videotapes, recordings or any other records of my participation in the Activity for any purpose including, but not limited to, social media, commercial use, or advertising.
- I understand that Urban Pedal Tours is relying on my full release and waiver of all claims when accepting my participation in the Activity. I verify that I have read the Contract in its entirety and I freely and voluntarily choose to partake in the Activity and assume all risks and injuries and damages. I acknowledge the waiver of any right I may have to bargain for different terms of this waiver and recognize that a narrower waiver would increase the costs associated with the vehicle and/or limit or preclude my use of the vehicle. By placing my signature below, I acknowledge and represent that I am over eighteen (18) years old and born on the date where indicated.
Acknowledgement of Rules for Activity
*Initial beside each line as indicated
Urban Pedal Tour will not provide me a helmet and if I do wish to wear one I will provide my own.
Any person arriving in an intoxicated condition shall not be allowed on the vehicle.
Smoking or vaping is not permitted on the vehicle.
I will not bring any personal alcohol or drugs on the vehicle.
I will not dismount the vehicle while it is in motion.
I will not disrespect other riders or any passersby by using abusive language.
I understand that failure to obey these rules will lead to my dismissal from the Activity and my requirement to leave the group without refund.
Today's Date: August 24, 2019