Definitions: The term “e-bike or electric bike” shall include all activities, services and use of facilities either provided by or arranged by the Operators or in any way related to e-bike operations, demonstrations, tours and rentals but not limited to: orientation and instructional sessions; transportation, accommodation and recreational activities in addition to driving e-bikes, loading, unloading, and travel in or movement around the e-bikes and all driving and other activities in urban, suburban, country, or wilderness areas, including BC ferry Crossings. The term “Negligence” means the failure of one or more of the employees or the Operators to take proper care for your safety while e-bike training, touring or renting.
Assumption of Risks: I understand that e-bike demonstration and other related equipment and services involves certain risks, dangers, and hazards, which include (but are not limited to the following).
- I acknowledge that I have been advised to wear a helmet.
- I am aware of the physical/mental exertion required to participate in e-bike riding and the forces exerted on the body can activate a medical/physical/psychological condition or aggravate pre-existing medical/physical/ psychological condition. I have been advised to obtain medical advice if I know or suspect that my medical/physical/ psychological condition may be incompatible with ebike riding.
- I also understand that I should be in good physical health to participate in an e-bike demonstration ride.
- I also understand that roadways and trails contain other motorized or un-motorized vehicles. These other vehicles are capable of appearing or changing rapidly, with no forewarning, making collision a possibility and e-bike travel hazardous.
- I also understan the terrain over which I will travel, may also contain man-made hazards or natural hazards such as, but not limited to: gates, ditches, sewer openings, leaves, gravel, bridges, creeks, bushes, trees, deer, livestock, dogs, fallen logs, ice, sand, mud, and branches.
- I choose to participate in the e-bike demo ride, in spite of these risks and hereby assume all risk of injury or loss of life to myself and loss of or damage to property arising out of riding this e-bike and participating in the e-bike demonstration ride. I understand the inherent risk involved in using this equipment; accept full responsibility for any and all such damage or injury which may result.
- I acknowledge that participants must NOT be under the influence of drugs or alcohol.
Negligence: I understand death or injury may result from negligence of other e-bike participants and or the commercial operator from negligence on the part of the Operators or their guides or employees. I acknowledge and accept that the Operators and their staff may fail to predict whether the terrain over which I will travel is safe for or may fail to predict or identify the presence of any of the natural or man-made hazards, including but not limited to vehicular traffic. I am now aware of the risks, dangers and hazards associated with, e-bike demonstration riding and other related equipment and services and I freely accept and fully assume all such risks, danger and hazards, and the possibility of personal injury, death, property damage or loss resulting there from.
In consideration of the following, (all of whom are herein referred to as the “Operators” 0847037 BC ltd. DBA BCebike and their directors, employees, and representatives, (all of whom are herein after collectively referred to as “the Releasees”) and HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA (hereafter called the “Province”) I hereby agree as follows:
To waive any and all claims that I have or may in the future have against The Operators and the Province and their directors, officers, employees, guides, instructors, agents, independent contractors and representatives, (all of whom are herein after collectively referred to as the “Releasees”) arising out of any aspect of my participation in e-bike tour, e-bike ride, e-bike rental, e-bike instruction, or e-bike demonstration and other related equipment and services.
To release the Releasees form any and all liability for any damage, injury or expense that I may suffer as a result of my use of, or my presence on the e-bike tour, e-bike ride, e-bike rental, e-bike instruction, or e-bike demonstration and other related equipment and services or facility 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 R.S.B.C. 1979, C. 303 on the part of the Releases;
To Hold Harmless and Indemnify the Releasees form any and all liability for any property damage or personal injury to any third party resulting from any participation in e-bike tour, e-bike ride, e-bike rental e-bike instruction, or e-bike demonstration and other related equipment and services.
In entering into this Agreement, I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of the e-bike tour, e-bike ride, e-bike rental, e-bike instruction, or e-bike demonstration and other related equipment and services.
I AM AWARE OF THE RISKS, DANGER AND HAZARDS ASSOCIATED WITH THE E-BIKE TOUR, E-BIKE RIDE, E-BIKE RENTAL, E-BIKE INSTRUCTION, OR E-BIKE DEMONSTRATION AND OTHER RELATED EQUIPMENT AND SERVICES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERY DAMAGE OR LOSS RESULTING THEREFROM.
I CONFIRM THAT 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