RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND IDEMNITY AGREEMENT
(hereinafter referred to as the "Release Agreement")
BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY!
I (the “Renter”), sign on May 28, 2022, this RELEASE AND WAIVER OF LIABILITY (the “Release”) in favour of 1278147 B.C. Ltd., Coastal Cogs E-Bike Rentals, Coastal Cogs Cyclery, and all related or associated companies and their respective owners, directors, officers, employees, agents, representatives, instructors, guides, contractors, subcontractors, sponsors, successors and assigns (hereinafter collectively referred to as the “Releasees”)
In this Release, the term “Electric 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: electric (“E-Bike”) biking, electric bike rental, orientational and instructional courses, seminars and sessions, and all related activities, services, and use of facilities, equipment, and/or terrain either provided by or arranged by the Releasees, including guided and training/instructional programs and excursions.
USE OF AN APPROVED HELMET IS REQUIRED
I acknowledge that I have been advised I must, and I will, wear the appropriate safety or protective equipment while participating in Electric Biking, including helmets and other protective gear. Using proper safety equipment may be mandatory under Provincial or Federal law, and I am aware that the use of the Equipment is subject to applicable municipal, Provincial and/or Federal regulations, including all applicable municipal and provincial highway traffic regulations.
I am aware that the physical exertion required by Electric Biking and forces exerted on the body can activate or aggravate pre-existing injuries, conditions, symptoms, or congenital defects. I have been advised to seek medical advice if I know or suspect that my physical condition may be incompatible with the Electric Biking.
I am familiar with the proper use of the equipment used in Electric Biking (including quick release mechanisms, brakes and gear shifters) and I have taken proper instructional lessons prior to its use, if required. I understand that staff of the Releasees are available to answer questions I may have as to the proper use of the Equipment.
I acknowledge that I will not be under the influence of drugs and/or alcohol while participating in Electric Biking.
DESCRIPTION AND ASSUMPTION OF RISKS
There are many potential RISKS, DANGERS and HAZARDS associated with Electric Biking including the RISK OF SEVERE INJURY OR DEATH.
The terrain used for Electric Biking can be uncontrolled, unmarked, and not inspected, and involves many risks, dangers and hazards. The Releasees make no representations as to whether the terrain is safe.
Risks, dangers and hazards associated with Electric Biking may include, but are not limited to:
Accidents which occur during transportation to and from the location of activity; extreme variation in terrain, including potholes and gaps in pavement, hidden or exposed rocks, boulders, ice, logs, stumps, roots, forest deadfall, trees and other objects; variation or changes in the riding surface, including rocks, gravel, cliffs, trees, roots, tree stumps, streams/creeks, and manmade structure such as bridges, ladders, berms, and jumps; falling or fallen trees; ungroomed, unmarked and uncontrolled terrain; exposed or concealed holes or depressions on or below the surface or ground cover; falls, trips and slips; still and moving water; limited visibility; variable, severe or rapidly changing weather with little or no warning including storms, high winds and whiteouts; heat stroke and/or heat exhaustion; hypothermia; frostbite; loss of balance or control and falls, particularly on steep, slippery or difficult terrain; difficulty or inability to control one’s speed and direction; errors of judgment; lack of preparation; inadequate, inappropriate, improperly prepared or adjusted equipment; equipment failure, malfunction or loss; loss or damage to personal property; failure to act safely or within one’s ability or within a designated area; impact or collision with vehicles (including motor vehicles), trees, other persons, or objects; encounters with domestic or wild animals including animal bites; becoming lost, going off route or becoming separated from one’s party; and infectious and communicable disease, including but not limited to COVID-19, contracted through viruses, bacteria, parasites, and fungi, which may be transmitted through direct or indirect contact or the negligence of other persons.
Communication in the terrain where Electric Biking occur is difficult, and it may be difficult or impossible to communicate with the outside from within such areas, and in the event of an accident, rescue and medical treatment may not be readily available or available.
I am aware that participation in Electric Biking also MAY INCLUDE RISKS INCLUDING 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 PARTICIPATING IN ELECTRIC BIKING. 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.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the RELEASEES agreeing to my participation in Electric Biking, I do hereby freely, voluntarily, and without duress 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 Electric Biking, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE 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 PARTICIPATING IN ELECTRIC BIKING INCLUDING THE RISKS REFERRED TO ABOVE.
2. I agree TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in Electric Biking.
3. I agree TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all expenses incurred by the Releasees, including legal fees and/or settlement payments and/or Court or Tribunal awards, as a result of legal or administrative actions brought by myself (or brought on behalf of an infant, if I am executing this Release as the parent/guardian on behalf the said infant participant of the Electric Biking).
4. Should I (or the infant if I am executing this Release as the parent/guardian on behalf of the said infant participant) require first aid or emergency medical treatment as a result of accident, illness or any medical issue while participating in Electric Biking, I consent to such treatment as deemed necessary by the Releasees.
5. Should I (or the infant if I am executing this Release as the parent/guardian on behalf of the said infant participant) require non-scheduled or emergency evacuation, rescue, first aid or medical treatment, I agree that I will bear all costs and expenses associated with such non- scheduled or emergency evacuation, rescue, first aid or medical treatment, and these costs and expenses will not be covered by the Releasees.
6. I agree TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability on account of any first aid, treatment or services rendered in connection with my participation in Electric Biking.
7. I understand that the Releasees do not assume any responsibility for or obligation to provide financial assistance or other assistance, included but not limited to medical, health or disability insurance.
8. I certify that no qualified medical professional has advised me to not participate in Electric Biking.
9. I agree to abide by the Releasees’ policies and agree to comply with all instructions of any guide, instructor or staff in connection with participation in Electric Biking. I understand that failure to follow such directions shall be grounds for termination of my privilege to participate in Electric Biking activities without reimbursement of fees paid or owed. I understand that being under the influence of drugs or alcohol is strictly prohibited before and during Electric Biking and will be grounds for immediate removal from Electric Biking activities without reimbursement of fees paid or owed. I agree that if in the judgement of my instructor and/or guide, if he/she must call for assistance during the trip due to my abilities, my noncompliance with his/her instructions, or the Releasees’ policies, I accept responsibility for paying any associated rescue and/or transportation costs.
10. This Release shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
11. This Release and any rights, duties and obligations as between the parties to this Release shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction; and
12. Any litigation involving the parties to this Release 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.
If any portion of this agreement shall be held to be invalid or unenforceable, such provision shall be stricken and the remainder of the agreement shall remain in full force and effect to accomplish the intent and purpose of the parties. The parties agree to negotiate the severed provision to bring it within the applicable legal requirements to the extent possible.
In entering into this Release, I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in Electric Biking, other than what is set forth in this Release.
I confirm that I have read and understand this Release Agreement and by signing it voluntarily I am agreeing to abide by these terms. I am aware that by signing this Release Agreement I am waiving certain legal rights which I or my heirs, executors, administrators, assigns, and representatives may have against the Releasees.
Date: May 28, 2022