BY SIGNING THIS DOCUMENT, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY!
TO: Hilltop Mountain Biking Inc., a provincially registered corporation, its, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors and assigns (all of whom are hereinafter referred as “the Releasees”)
In this Release Agreement, the term "Mountain Biking” 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: mountain biking; cycling, bike descents, bicycle camps, bicycle skills training, orientation and instructional courses, mountain bike rental; guided mountain bike tours and activities; seminars and sessions; use of trails and roads; races; competitions; events’, and other such activities; group rides, enduro, XC, downhill, BMX, Dirt jumping, use of and all other related activities, events or services, transportation, accommodation, food & beverage, water supply, rescue and first aid services.
ASSUMPTION OF RISKS
Injuries are a common and expected part of Mountain Biking. Mountain Biking in any of the Releasees’s events, can take place on rugged terrain and features that are both physically and technically challenging and expose the rider to many risks, dangers and hazards. These risks include but are not limited to: transportation in vehicles, use of chairlifts and gondolas; changing weather conditions; mechanical failure of equipment; falls; loss of balance; high speed descents; difficulty or inability to control one’s speed and direction; rapid or uncontrolled acceleration on hills and inclines; extreme variation in cycling terrain including steep or slippery sections, trees, roots, tree stumps, rocks, logs, cliffs, rock drops, loose gravel, holes, depressions, streams and creeks; riding and racing new trails without practice; constructed features such as bridges, ramps, ladders, bumps, berms, jumps, and drops; collision with natural and constructed objects, other mountain bikers, vehicles, pedestrians, spectators and officials; encounters with domestic and wild animals including dogs and bears; negligence of other riders or users of the premises; and NEGLIGENCE 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 MOUNTAIN BIKING.
I agree to wear an appropriate helmet, manufactured within the past three (3) years, at all times while participating in Mountain Biking events. I understand that if I do not comply with the preceding sentence that I will be refused entry to any Mountain Biking events. I have been advised to wear other protective equipment, including elbow, forearm and knee/shin armor when Mountain Biking. I further agree that my bike is serviced by a qualified mechanic and is in exemplary working order at the time of my participation in any Mountain Biking events.
MOUNTAIN BIKE CHECKLIST
Mountain bike trail are rough and demanding on both the bike and body. Before riding, always inspect your equipment or have it checked by a qualified bike mechanic.
1. Ensure your helmet is in good shape and properly adjusted.
2. Inspect bike frame for cracks and damaged or dented areas.
3. Ensure you have sufficient brake pad to stop your bike while descending.
4. Front and rear axles (skewers) should be tight.
5. Headset and stem must be secure with no looseness or play.
6. Check that your tires are in good condition, with no tears or cuts in the sidewall.
7. Handle bar and handle grips must be tight and unable to spin. Seat and seat post need to be fastened securely.
I acknowledge that the risks, dangers and hazards of Mountain Biking are increased during races, competitions and contests, due to the competitive nature of the activity and the fact that there will be other participants on course. I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death property damage or loss resulting therefrom.
I consent to the use of my name, portrait, picture or photograph, or presence in a video, as part of any of the Releasees’s undertakings. I understand that my name or image may be published or otherwise used at any time and on any medium (including, electronic, print, and other media). I agree that I shall have no claim against the Releasees for any such use of my name or image.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of my participation in Mountain Biking with the Releasees and my use of the Releasees’s services, equipment and facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against 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 participation in Mountain Biking, 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 OWED UNDER THE OCCUPIERS LIABILITY ACT, 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 MOUNTAIN BIKING REFERRED TO ABOVE.
2. I HAVE TAKEN EVERY OPPORTUNITY TO FULLY INFORM MYSELF ABOUT THE RISKS, BOTH KNOWN AND UNKNOWN ABOUT THE EVENT. I knowingly and freely ASSUME ALL SUCH RISKS, assume full responsibility of those risks for my participation in the event. I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH MOUNTAIN BIKING AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM;
3. 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 participation in Mountain Biking;
4. This Release 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;
5. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction; and
6. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Province of British Columbia;
7. I consent to administration of first aid and other medical treatment in the event of injury or illness and herby release and indemnify Releasees from any and all liability or claims arising out of such treatment; and
8. Hilltop Mountain Biking Inc. reserves the right, in its sole and absolute discretion, to postpone, cancel, or modify the event due to weather conditions, Acts of God or other factors either within or beyond the control of Hilltop Mountain Biking Inc. I understand that REFUNDS OR EXCHANGES may be granted in the event of such postponement, cancellation or modification.
In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees other than what is set forth in this Release 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.
Today's Date: May 18, 2021