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 equipment rentals 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.
I hereby acknowledge and agree to the following rental agreement terms and conditions:
Bicycles, Helmets and other equipment are rented out clean and in proper working condition and must be returned in the same condition. Bicycles, Helmets and other equipment are maintained on a regular basis. It is the customer's responsibility to ensure the bicycle or equipment being renting is not damaged prior to leaving the shop or facility and it is the customer's responsibility to ensure they have notified an ARCHER ADVENTURE COMPANY INC. employee of any identified damage prior to taking possession of the bicycle or equipment so this damage can be noted. Failure to do so may result in the customer being responsible for damage that is identified upon returning the bicycle and equipment.
Helmets are included in the rental and the customer has been provided one if they do not have one already. The customer is required to wear a helmet at all times while riding bicycles rented from the ARCHER ADVENTURE COMPANY INC. If a customer is seen riding the rental bicycle without a helmet, they will immediately have to return the bicycle with no refund. It is British Columbia law that you must wear a helmet while riding a bicycle.
The customer agrees to return the bicycle and/or equipment in CLEAN, UNDAMAGED condition to avoid any ADDITIONAL charges for repair, maintenance or replacement. Customer accepts use of the equipment, AS IS, in good condition and accepts full responsibility for care of the equipment while under his/her possession. Damaged parts or components will be repaired/replaced at the shop’s discretion and customer agrees to pay regular shop rates and retail prices for components replaced. Clean condition means normal wear and tear is accepted but does not include damaged/sliced tires, broken spokes, broken rims, bent rims, damaged frames, damaged components and accessories, handlebars, seats or other parts from misuse and/or crashes. Note: All bikes should be returned clean of mud and debris. Wash stations are provided at the rental location. Afternoon Rentals are due back 15 minutes before closing time. Late returns are subject to additional fees.
Customer agrees to provide ARCHER ADVENTURE COMPANY INC. with credit card details and photo identification for billing and precautionary use only:
Rental Bike Replacement Costs (not an exhaustive list, exclusive of taxes):
Sight Carbon: $5799
Sight Aluminum: $3999
Sight E-Bike: $6199
Fluid Youth Bike: $2199
Rental Bike Damage Costs (not an exhaustive list, exclusive of taxes):
Damaged Wheel (Rim Damage Only): $125 parts + $60 labour
Damaged Derailleur Hanger: $20 parts + $10 labour
Damaged Rear Derailleur: $140 parts + $30 labour
Damaged Handlebar: $80 parts + $20 labour
Damaged Brake Lever: $50 parts + $20 labour
Damaged Tire: $80 parts + $10 labour
Scratched Fork Stanchions: $1200 parts + $30 labour
Scratched Dropper Post Stanchion: $300 parts + $30 labour
Scratched Rear Shock Stanchion: $700 parts + $30 labour
Minor Frame Damage (Non-structural scratch through paint): $100 per inch
Replacement Carbon Frame: $3699 (labour included)
Replacement Aluminum Frame: $1999 (labour included)
I authorize ARCHER ADVENTURE COMPANY INC. to charge the credit card on file for me for all eventual costs in case of damages to the bicycle(s) or equipment during my rental period, comprehensive of labour. In case of theft of the bicycle or equipment, I will be responsible for reimbursing ARCHER ADVENTURE COMPANY INC. for the original price of the bicycle(s) and equipment, plus the cost of any components or accessories that were provided at the time of the bike rental.