RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS
AND INDEMNITY AGREEMENT (hereinafter referred to as the “Release Agreement”)
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!
Company Name: Esc (Escape 2009) Adventures Inc.
and its (their) directors, officers, 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, services and use of facilities either provided by or arranged by the Releasees, including, but not limited to: orientation and instruction sessions; recreational activities undertaken during the event, tour; travel by mountain bike; all travel either within or beyond the designated boundaries, including in the backcountry and on logging roads and trails.
ASSUMPTION OF RISKS
I am aware that Mountain Biking involves many inherent risks, dangers and hazards, including but not limited to: exposed rock, earth, ice or other natural objects; trees, tree wells, tree stumps, forest deadfall; holes and depressions on or beneath the trail or surface; variable and difficult weather conditions; changes or variations in the terrain which may create blind spots or areas of reduced visibility; streams and creeks; cliffs; crevasses; travel on back-country roads; snowcat roads, road-banks and cut-banks; impact or collision with other mountain bikes and vehicles, becoming lost or separated from the guides or other participants; mechanical failure of mountain bikes and related equipment; extreme and rapidly changing weather conditions; encounter with wildlife including bears; avalanches; the failure to operate a mountain bike safely or within one's own ability; negligence of other mountain bikers and other persons; AND NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE BY THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE. Communication in the alpine terrain may be difficult, and in the event of an accident, rescue, medical treatment and evacuation may not be available or may be delayed. Alpine weather conditions may be extreme and can change rapidly and without warning.
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.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the RELEASEES agreeing to my participation in mountain biking and permitting my use of their services, equipment and other 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, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN MOUNTAIN BIKING REFERRED TO ABOVE;
2. 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;
3. 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;
4. 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 where the mountain biking takes place and no other jurisdiction; and
5. Any litigation involving the parties to this Release Agreement shall be brought solely within the province where the mountain biking takes place and shall be within the exclusive jurisdiction of the Courts of that province.
I understand that, as per the World Health Organization, the outbreak of the novel coronavirus, COVID-19, is a global pandemic. Individuals infected with the virus may experience a range of effects, including, but not limited to flu-like symptoms, respiratory problems, vascular problems, organ failure, permanent disability, and death. It is also possible that an individual infected with COVID-19 may be asymptomatic and not realize that they are infected. In light of this highly contagious virus, with modes of transmission that include person-to-person contact, health authorities recommend that people maintain a physical distance from one another.
By signing this agreement, I ACKNOWLEDGE that COVID-19 is extremely contagious and that by participating in any activity, program, or related event with Escape Adventures, there is a risk that I, or my child(ren), may be exposed to or become infected with the COVID-19 virus.
I further UNDERSTAND that this risk of exposure to or infection with COVID-19 may result from the actions, omissions, or negligence of myself, my child(ren), or others, including, but not limited to, Escape Adventures’ employees, volunteers, and program participants.
I am fully aware of the risks and hazards with respect to COVID-19 inherent in my, or my child(ren)’s, participation with Escape Adventures. I FREELY AND VOLUNTARILY agree to assume the risk with respect to COVID-19, including the risk of death, bodily injury or property damage, regardless of severity, that I, or my child(ren), may sustain as a result of participation with Escape Adventures, howsoever arising, including, but not limited to, the active or passive negligence of the Releasees.
I AGREE that I will NOT participate, or allow my child(ren) to participate, in any activities offered by Escape Adventures if:
(1) to the best of my knowledge and awareness, I, or my child(ren), are experiencing, or have experienced in the prior 14 days, fever/chills, coughing, loss of smell or taste, difficulty breathing, fatigue - decreased appetite/low energy/behaviour change or symptoms of any transmissible viral or bacterial infection or disease;
(2) to the best of my knowledge and awareness, I, or my child(ren), have been in contact in the prior 14 days with any person who has been diagnosed with the COVID- 19 virus, who is reasonably suspected of having COVID-19, or who has travelled in an area under a travel health advisory in the last 14 days; or
(3) I, or my child(ren), have been advised by the B.C. Centre for Disease Control, any government agency, government website, government telephone information line, or doctor to self-isolate due to possible exposure to COVID-19.
In entering into this Release Agreement, I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in mountain biking, 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.
Signature of Guardian is required If Participant is Under Age of Majority
Date: May 18, 2021