RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter the “Release Agreement”
BY SIGNING THIS RELEASE AGREEMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY!
This Agreement shall apply to all club rides and events
NOTICE TO RIDERS If you are new to the mountain biking, please take the time to review this document carefully and familiarize yourself with mountain biking activities. Injuries are a common and expected part of mountain biking. Challenging terrain should not be attempted until the rider has the appropriate skill, experience, and equipment. ------------------------------------------------------------------------------------------ STOP • READ THIS!!!
Important Information about mountain biking
- The North Shore Riding Society is not recommended for first time cyclists, without proper instruction.
- Mountain biking involves the risk of injury. You control the degree of risk you will encounter in using trails and features.
- Do not attempt any of the trails or features unless you have sufficient ability and skill to do so safely. Always ride in control and within your ability level.
- Helmets are mandatory and protective padding is strongly recommended.
- Beware of changing conditions on trails and features. It is your responsibility to inspect features before using them.
YOU ASSUME THE RISK OF ANY INJURY THAT MAY OCCUR WHEN RIDING WITH NORTH SHORE RIDING SOCIETY. NORTH SHORE RIDING SOCIETY’S LIABILITY FOR ANY INJURY OR LOSS IS EXCLUDED BY THE TERMS AND CONDITIONS IN THIS WAIVER. ------------------------------------------------------------------------------------------ MOUNTAIN BIKERS RESPONSIBILITY CODE 1. RIDE IN CONTROL AND WITHIN YOUR ABILITY LEVEL AT ALL TIMES. You must be able to stop and avoid other people or objects. 2. PROTECT YOURSELF. Helmets are mandatory. Other protective equipment is recommended. 3. DO NOT RIDE if your ability or judgement is impaired by drugs, alcohol or fatigue. 4. INSPECT AND MAINTAIN YOUR BIKE or have it checked by a qualified bike mechanic before you ride. 5. OBEY SIGNS AND WARNINGS. Stay on marked trails. 6. INSPECT TRAILS AND FEATURES. Conditions change constantly on trails and features. 7. LOOK OUT FOR OTHERS. Avoid riders ahead of you. They have the right of way. Yield to other riders when entering a trail. 8. BE VISIBLE. Do not stop where you obstruct a trail or are not visible from above. 9. COOPERATE if you are involved in or witness a collision or accident.
KNOW THE CODE – BE SAFETY CONSCIOUS IT IS YOUR RESPONSIBILITY! PRIVILEGES MAY BE REVOKED FOR BREACH OF CODE
MOUNTAIN BIKE CHECKLIST
The trails 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 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.while descending. 7. Handle bar and handle grips must be tight and unable to spin. Seat and seat post need tobe fastened securely.
------------------------------------------------------------------------------------------ RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter the “Release Agreement”)
BY SIGNING THIS RELEASE AGREEMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT PLEASE READ CAREFULLY!
This Agreement shall apply to all club rides and events
TO: North Shore Riding Society, each of their affiliated companies and subsidiaries, His Majesty The King In Right Of The Province Of British Columbia and their respective affiliates, subsidiaries, directors, officers, employees, agents, independent contractors, subcontractors, representatives, successors and assigns, and all organizers, officials, workers, volunteers, participants, sponsors, promoters and advertisers involved with mountain biking with North Shore Riding Society (all of whom are hereinafter collectively referred to as “THE RELEASEES”). DEFINITIONS In this Release Agreement, the term “mountain biking” shall include all activities, events, services or use of facilities provided, arranged organized or conducted by the Releasees including but not limited to: cycling; bike descents; mountain bike tours; use of trails and roads; guided mountain biking activities; demonstrations and events; and all other related activities, events or services. ASSUMPTION OF RISKS Injuries are a common and expected part of mountain biking. Mountain biking with North Shore Riding Society takes place on steep and rugged terrain and features that are both physically and technically challenging and will expose the rider to many risks, dangers and hazards. These include but are not limited to: changing or adverse weather conditions, including rain, lightning, and hail; equipment failure, malfunction, or damage, including unexpected loss of braking or handling; improper use of equipment; falls; loss of balance; high speeds; loss of control; extreme variation in cycling terrain including steep or slippery sections, trees, roots, tree stumps, logs, cliffs, rocks, rock drops, loose gravel, holes, depressions, streams and creeks; constructed feature such as bridges, ramps, ladders, bumps, berms, jumps, and drops; collisions with natural and constructed objects, other mountain bikers, vehicles, pedestrians, and spectators; encounters with domestic and wild animals including dogs and bears; my health condition, physical exertion, dehydration, exhaustion, altitude sickness, or other affliction; 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. SAFETY I have been advised to wear an approved helmet and other protective equipment such as elbow/forearm and knee/shin armor when mountain biking. Use of a helmet is mandatory with North Shore Riding Society. COVID-19/SICKNESS Exposure to COVID-19, disease and sicknesses (“sickness”) is an inherent risk of mountain biking. North Shore Riding Society cannot eliminate the risk that a participant is exposed while engaged in mountain biking. I agree it is my responsibility to (1) follow all instructions, signage, warnings, and guidelines; (2) stay home if sick or experiencing symptoms of any sickness; (3) wear a face covering and maintain at least 6 feet physical distancing from other; and (4) wash and sanitize hands frequently.
------------------------------------------------------------------------------------------ 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 my participation in mountain biking with North Shore Riding Society and my use of services 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. 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 of British Columbia and no other jurisdiction; and 5. 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.
This Agreement shall apply to all club rides and events. 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 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.
Today's Date: February 5, 2025 |