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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 WAIVER CERTAIN LEGAL RIGHTS, INCLUDING
THE IRGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT

PLEASE READ CAREFULLY!


I, (the “Rider”) sign on the day of: April 4, 2025 RELEASE AND WAIVER OF LIABILITY (the “Release”) in favour of Kelowna ATV Tours 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 “ATVing” shall include, but is not limited to: the rental, use, and operation of an off-road vehicle (including, but not limited to, all terrain vehicles), the rental and use of safety and personal protective equipment, guided tours and unguided trips, orientation and instructional demonstrations, and all related activities, services, and use of facilities, equipment, and/or terrain either provided by or arranged by the Releasees.

ACKNOWLEDGEMENT-SAFETY


THE USE OF AN APPROVED HELMET IS MANDATORY

I acknowledge that I have been advised I must, and I will, wear the appropriate safety or protective equipment while participating in ATVing, including helmets and other protective gear. Using proper safety equipment may be mandatory under applicable governmental law, and I am aware that ATVing is subject to applicable governmental regulations.

I am aware that the physical exertion required by ATVing 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 ATVing.

I will immediately remove myself from ATVing, and notify the tour guide or nearest representative of the Releasees, if at any time I sense or observe any unusual hazard or unsafe condition, or if I feel that I have experienced any deterioration in my physical, emotional, or mental fitness, or in my protective equipment, that would impact my continued safe participation in ATVing.

I acknowledge that I will not be under the influence of drugs and/or alcohol while participating in ATVing.

DESCRIPTION AND ASSUMPTION OF RISKS 


There are many potential RISKS, DANGERS and HAZARDS associated with ATVing, including the RISK OF SEVERE INJURY OR DEATH.

The trails, roads, pathways, and routes used for ATVing can be uncontrolled, unmarked, in poor condition, and not inspected, and involve many risks, dangers and hazards. The Releasees make no representations as to whether the roadways are safe.

Risks, dangers and hazards associated with ATVing may include, but are not limited to:

Accidents which occur during transportation to and from the location of participation; extreme variation in road/trail conditions and terrain, from natural or man-made hazards, including hidden or exposed holes or depressions, rocks, cracks, uneven man-made or natural surfaces, washouts, gravel roads, trees, stumps, dead-fall and other natural objects, ice, snow, water or slippery conditions; rockfalls, icefall, avalanches of snow, ice and rock triggered by natural forces, by persons travelling through the area or other causes; falls, trips and slips; limited visibility; impalement by objects; cuts, contusions, and/or broken bones; variable, severe or rapidly changing weather with little or no warning including storms, high winds, snow, freezing rain, and whiteouts; dangerous and unpredictable ground conditions; hypothermia; frostbite; hyperthermia; dehydration; running water; drowning; cold water immersion; loss of balance or control and falls, particularly on steep, slippery, uneven or difficult terrain; errors of judgment; lack of preparation; inadequate, inappropriate, improperly prepared or adjusted equipment; equipment failure, malfunction or loss; improperly prepared food or beverages; fires (including burns and damage to property therefrom) 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, other trail users, or objects; fire smoke and fine particulate matter; encounters with livestock, domestic, or wild animals; animal bites; insect bites and stings; becoming lost, going off route or becoming separated from one’s party; dangerous riding conditions; travel over poor roads/routes; 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, including cellular reception, in the areas where ATVing occurs may not be reliable or available, 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 ATVing 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 ATVing. 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 ATVing, 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 ATVing, 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.B.C. 1996, c.337, 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 ATVing 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 ATVing, as well as any loss of or damage to personal property left in or on the ATV.

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 ATVing).

4. Should I (or the minor if I am executing this Release as the parent/guardian on behalf of the said minor participant) require first aid or emergency medical treatment as a result of accident, illness or any medical issue while participating in ATVing, I consent to such treatment as deemed necessary by the Releasees.

5. Should I (or the minor if I am executing this Release as the parent/guardian on behalf of the said minor 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 ATVing.

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 and motor vehicle insurance.

8. I certify that no qualified medical professional has advised me to not participate in ATVing.

9. This Release shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death of incapacity;

10. 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

11. 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 ATVing, other than what is set forth in this Release.

PHOTO/VIDEO RELEASE – I understand that during ATVing I may be photographed or videotaped and I consent to such photographs and/or video taken of me being used for advertising, promotional or marketing purposes.

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.

BY CLICKING THE CHECKBOXES ABOVE, APPLYING MY ELECTRONIC SIGNATURE WHERE PROVIDED BELOW AND CLICKING THE SUBMIT BUTTON BELOW, I ACKNOWLEDGE, AGREE AND CERTIFY AS FOLLOWS:

(a) I HAVE READ AND REVIEWED THE AGREEMENT AND FULLY UNDERSTAND AND AGREE TO ITS TERMS;

(b) THE ABOVE INFORMATION IS TRUE AND CORRECT IN ALL RESPECTS AS OF THE DATE AND TIME THAT I HAVE CLICKED THE SUBMIT BUTTON;

(c) I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, EXECUTORS, ADMINISTRATORS, ASSIGNS, AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES; AND

(d) I HAVE THE POWER AND AUTHORITY TO AGREE TO THE AGREEMENT.

Dated: April 4, 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*
Check to receive information, news, and discounts by e-mail.
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
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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