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North Shore Bike Park Waiver

Release of Liability, Waiver of Claims, Assumption of Risks, and Indemnity Agreement


PLEASE READ CAREFULLY!

BY SIGNING THIS DOCUMENT, I UNDERSTAND THAT I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FROM WEST COAST BIKE PARKS LTD.


In consideration of WEST COAST BIKE PARKS LTD. dba NORTH SHORE BIKE PARK, a British Columbia company ("NSBP") permitting the individual named below (the “Participant”), to participate in biking, skateboarding, scootering, roller skating, in-line skating, participating in other recreational activities, renting equipment, and using the bike park facilities or facilities being operated out of by NSBP, and other equipment for any purpose, whether supervised or unsupervised (the “Activities”), and for other good and valuable consideration, I agree to all terms and conditions set forth in this agreement.

ASSUMPTION OF RISK AND INFORMED CONSENT

I acknowledge and agree that this Agreement covers the Activities as defined herein, and every activity a Participant may participate in at NSBP and any facilities, equipment, and services that a Participant may use either inside or outside NSBP facilities, or facilities being operated out of by NSBP.

I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES INVOLVE MANY RISKS, DANGERS, AND HAZARDS, ABOVE AND BEYOND THE INHERENT DANGER AND RISKS OF THE ACTIVITY, INCLUDING BUT NOT LIMITED TO: HEART ATTACKS, STROKES, MINOR AND SERIOUS PHYSICAL INJURIES, DEATH, AND/OR PROPERTY DAMAGE. I EXPRESSLY ACKNOWLEDGE, ACCEPT, AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS, AND HAZARDS INVOLVED, AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND ANY LOSS THEREFROM, WHETHER CAUSED BY THE NEGLIGENCE OF NSBP OR OTHERWISE, INCLUDING FAILURE TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT THE PARTICIPANT FROM THE RISKS, DANGERS, AND HAZARDS OF PARTICIPATING IN THE ACTIVITIES AND FROM USING NSBP FACILITIES, EQUIPMENT, AND SERVICES. I UNDERSTAND THAT THE DESCRIPTION OF RISKS IN THIS AGREEMENT IS NOT COMPLETE, AND VOLUNTARILY CHOOSE TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE ACTIVITIES AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND LOSS RESULTING THEREFROM, WHETHER OR NOT DESCRIBED HERE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.

Participant assumes responsibility for maintaining control at all possible times while engaging in the Activities and for reading, understanding and complying with all signage.

INDEMNITY AGREEMENT

I SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ALL OTHER RELEASEES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE LEGAL FEES, IN CONNECTION WITH ANY THIRD-PARTY CLAIM, SUIT, ACTION, OR PROCEEDING ARISING OUT OF OR RESULTING FROM THE PARTICIPANT’S PARTICIPATION IN THE ACTIVITIES.

In consideration for permitting the Participant’s participation in the Activities and use of NSBP equipment, services, and facilities, and for other good and valuable consideration:

  1. I HEREBY AGREE TO EXPRESSLY WAIVE AND RELEASE, to the greatest extent permitted by law, ANY AND ALL CLAIMS WHICH THE PARTICIPANT HAS OR MAY IN THE FUTURE HAVE, TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND AGREE NOT TO SUE, NSBP, its affiliates, and their respective directors, officers, employees, agents, guests, representatives, shareholders, successors, and assigns (each a, "Released Party"), for any injury, including death, loss, property damage, or expense, which the Participant may suffer, arising in whole or in part out of Participant’s participation in the Activities, including, but not limited to, those claims based on any Released Party’s alleged or actual negligence or breach of any contract and/or express or implied warranty or breach of any statutory or other duty of care, including in British Columbia any duty of care under the Occupier’s Liability Act. I understand that negligence includes failure on the part of any Released Party to take reasonable steps to safeguard or protect against the risks, dangers, and hazards of the Activities.
  2. In further consideration for allowing the Participant to participate in the Activities, I further release and give up any and all claims and rights that I may now have against any Released Party and understand this releases all claims, including those of which I am not aware, those not mentioned in this release and those resulting from anything that has happened up to now.
  3. I agree to pay all costs, including attorney’s fees, incurred by any Released Party in defending an investigation, claim, or lawsuit brought by or on the Participant’s behalf whether arising in whole or in part from the Participant’s participation in the Activities or from any misrepresentations or fraudulent execution of this Agreement.

GENERAL

I represent that the Participant is in good health and there are no special problems associated with the Participant’s physical or mental condition. I authorize a licensed physician or medical care provider to carry out any emergency medical care which may be necessary for the Participant, and agree to be fully responsible for any costs associated with such care or transport to such care.

If Participant rents equipment, I agree to accept for use the equipment rented “as is”, accept responsibility for the care of the equipment during the rental period, and agree to be responsible for the replacement at full value of any equipment not returned or returned in a damaged condition.

I grant the Release Parties the right of publicity to own and use any image collected of Participant participating in the Activity.

This Agreement shall be governed by and construed in accordance with the laws of the British Columbia and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of British Columbia, and I hereby consent to the exclusive jurisdiction of such courts. 

BY SIGNING ON BEHALF OF A MINOR PARTICIPANT, I REPRESENT THAT I AM AUTHORIZED TO SIGN ON THE PARTICIPANT’S BEHALF and/or I AM THE PARENT OR LEGAL GUARDIAN OF THE MINOR PARTICIPANT and acknowledge that the Participant is bound by all the terms of this Agreement. I understand that the minor Participant would not be permitted to take part in any of the Activities unless I agree to the terms of this Agreement. By signing this Agreement without a parent or legal guardian’s signature, I represent, under penalty of fraud that I am at least 19 years old. I understand that a minor participant may participate in the Activities without an adult present.

I understand that this Agreement is a contract and, to the fullest extent permitted by law, shall be binding on the Participant’s heirs and next-of-kin, executors, and personal representatives. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties.

I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT THE PARTICIPANT IS VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS (ON THE PARTICIPANT’S BEHALF AND ON BEHALF OF THE PARTICIPANT’S HEIRS, EXECUTORS, ADMINISTRATORS, AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE NSBP AND THE RELEASEES.


Today's Date: January 19, 2025





Please indicate how many minors (anyone 18 and under) you will be signing for. Everyone riding or walking on the terrain floor must have a waiver.
AdultMinor(s)Adult and Minor(s)
1 Minor2 Minors3 Minors4 Minors5 MinorsMore Minors6 Minors7 Minors8 Minors9 Minors10 Minors
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First Participant/Rider's Name

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First Participant/Rider's Date of Birth*
First Participant/Rider's Signature*
Second Participant/Rider's Name

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Second Participant/Rider's Date of Birth*
Third Participant/Rider's Name

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Third Participant/Rider's Date of Birth*
Fourth Participant/Rider's Name

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Fourth Participant/Rider's Date of Birth*
Fifth Participant/Rider's Name

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Fifth Participant/Rider's Date of Birth*
Sixth Participant/Rider's Name

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Sixth Participant/Rider's Date of Birth*
Seventh Participant/Rider's Name

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Seventh Participant/Rider's Date of Birth*
Eighth Participant/Rider's Name

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Eighth Participant/Rider's Date of Birth*
Ninth Participant/Rider's Name

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Ninth Participant/Rider's Date of Birth*
Tenth Participant/Rider's Name

First Name*

Last Name*
Tenth Participant/Rider's Date of Birth*
Emergency Contact

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Emergency Contact's Phone Number*

Parent(s) or Appointed Legal Guardian(s) must sign for any participating minor (those under 19 years of age in British Columbia) and agree that they and the minor are subject to all the terms of this document, as set forth above.



By signing below the Parent or Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.

Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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