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BANFF ADVENTURES – RELEASE AGREEEMENT

RELEASE OF LIABILITY, WAIVER OF CLAIMS,
ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
(hereinafter the “Release Agreement”)

BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS,
INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF THE
OCCUPIERS’ LIABILITY ACT OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT

PLEASE READ CAREFULLY!

TO: BANFF ADVENTURES UNLIMITED INC. and its suppliers, equipment manufacturers, associated companies, and all of their directors, officers, employees, agents, guides, instructors, shareholders, rental technicians, subcontractors, independent contractors, sponsors, successors and assigns (all of whom are hereinafter referred to as “the Releasees”)

DEFINITIONS:

In this Release Agreement, the term Equipment shall include, but is not limited to, the use of electric bikes, mountain bikes and other related equipment (seats, locks, helmets) and any other activities related to the Equipment, including bike tours.

SAFETY & RESTRICTIONS ON USE OF EQUIPEMENT

  1. I have been advised to wear an approved helmet while biking. I recognize that serious injury or death can result from both low and high impacts, even when a helmet and other safety equipment is worn.
  2. I accept full responsibility for the equipment under this Release Agreement (the “Equipment”). I agree to pay for any damage and replace the Equipment at full retail value if not returned in the same condition and / or by the agreed date.
  3. I am aware that biking on any roadway is subject to municipal bylaws and provincial highway traffic regulations and that I am responsible for knowing and complying with all applicable law while riding.
  4. I am familiar with the proper use of the Equipment including all quick release mechanisms, brakes, gear shifts, lights, indicators, horn, throttle, kickstand. I understand there are technicians able to answer any questions I may have as to the proper use of the Equipment

ASSUMPTION OF RISKS

I am aware that participation in biking activities involves many risks, dangers and hazards including, but not limited to: loss of control or falling from the bike; mechanical or electrical failure of Equipment; improperly adjusted or maintained equipment; loss of balance; difficulty or inability to control one’s speed and direction; failure to ride safely or within my own ability or to stay within designated areas; changing weather conditions; variation or changes in the riding surface including mud, slippery and steep surfaces, holes, depressions, loose gravel, cliffs, trees, logs, stumps, roots and water impact or collision with or falls from natural objects or man-made structures including trees, logs, stumps, rocks, cliffs, banks, fences, barriers, curbs, posts, cattleguards, or constructed features such as bridges, ramps, ladders, bumps, berms, drops and jumps; exposure to temperature extremes or changing or inclement weather including lightning; travel or transport to and from the biking site, travel on highways and roads,; encounters with domestic and wild animals, including elk, deer, moose, bears, dogs, and cougars; collisions with pedestrians, trains, moto vehicles, and cyclists; becoming lost or separated from my party including the guide, negligence of others, infectious disease 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 OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF THE USE OF THE EQUIPMENT AND PARTICIPATING IN BIKING ACTIVITIES.

I AM AWARE OF THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH BIKING ACTIVITIES AND USE OF EQUIPMENT 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 permitting me to rent the Equipment and use their services, 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 use of the Equipment or participation in biking activities, 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.A. 2000, c.O-4, in respect of the selection or maintenance of the Equipment or in respect of the provision or failure to provide any warnings, directions or instructions as to the use of the Equipment or the risk dangers and hazards of participating in biking activities; 

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 use of the Equipment or participation in biking activities;

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 Alberta and no other jurisdiction; and 

5. Any litigation involving the parties to this Release Agreement shall be brought solely within Alberta and shall be within the exclusive jurisdiction of the Courts of Alberta. 

I CONFIRM THAT I HAVE READ THE RELEASE AGREEMENT PRINTED ON THE REVERSE SIDE OF THIS PAGE AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. 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.

May 9, 2025

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) 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 Court-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*

Middle 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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