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MOUNTAIN BIKES, E-BIKES, TENNIS COURT & EXCURSIONS
RENTAL AGREEMENT AND EXCLUSION OF LIABILITY ASSUMPTION OF RISK

PLEASE READ CAREFULLY

TO: Muskoka Bay Resort and their respective directors, officers, employees, volunteers, agents, independent contractors, subcontractors, representatives, sponsors, successors and assigns and to the Manufacturers and Distributors of the Rental Equipment, and their Directors, Officers, Employees, Agents and Representatives (the “Releasees”)

AS PART OF MY CONSIDERATION FOR THE USE OF THE RELEASEES’ RENTAL EQUIPMENT AND RESORT PREMISES (which includes its trails, rinks, roads, parking and other facilities, collectively referred to as the “Premises”), I AGREE TO THE FOLLOWING TERMS:

  1. I/We further agree to pay for any and all damages to the Equipment caused by my/our use of the Equipment, which payment for damages may be made by deduction from the above-mentioned credit card deposit
  2. I/We may only operate the Equipment in the area and on the trails and areas shown on the maps provided by Muskoka Bay Resort, designated by Muskoka Bay Resort or to be traversed during an excursion facilitated by Muskoka Bay Resort.
  3. I/We will attend to receive instruction from Muskoka Bay Resort and will not use the Equipment until we are fully comfortable, we have received adequate instruction and all my/our questions have been answered.
  4. I/We must treat the Equipment with respect, especially until I/we learn/experience its capabilities.
  5. I/We must always ensure I/We am/are wearing appropriate safety gear i.e., helmets, footgear, etc.
  6. I/We must keep my/our hands on the handlebars at all times.
  7. I/We must negotiate slopes and narrow trails with caution.
  8. I/We must never carry a passenger on the Equipment.
  9. I/We represent and warrant that I/we am/ are knowledgeable in the use and operation of Mountain Bikes, E-Bikes & Tennis Court.
  10. I/We understand that there is an element of risk of injury in all activities

As a condition of the undersigned using the lands, facilities and/or Equipment of Muskoka Bay Resort, I/we the undersigned Participant (s) or the duly authorized legal guardian(s) of the Participant(s) (if applicable), assume all risk of personal injury, death or property loss or any consequential or indirect loss, resulting from any cause whatsoever, including but not limited to;

ASSUMPTION OF RISKS

a               the inherent risks and hazards of Mountain Bikes, E-Bikes, & Tennis Court use

b               travelling to and from all facilities in nearby trails, parks and recreational areas

c               the use of Muskoka Bay Resort facilities, Equipment, lands and premises, or

d               negligence, breach of contract, breach of statutory duty of care or breach of the Occupiers' Liability Act on the part of Muskoka Bay Resort, their employees, agents, principals, directors, servants and/or representatives and/or the owners, lessors or occupiers of all lands and premises upon which I/we the Participant(s) or the duly authorized legal guardian(s) of the Participant(s) may from time to time be participating on.


RELEASE OF LIABILITY

In Consideration of the Releasees allowing me to rent the equipment and use the premises, 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 either directly or indirectly, as a result of my use of the Equipment and the Premises, 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.O. 1990, c.O.2 on the part of Releasees, and also including the failure on the part of the Releasees to safeguard or protect me from the risks, dangers and hazards of Mountain Bikes, E-Bikes & Tennis Court or any related activity.
  2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property of or personal injury to, any third party, resulting from my use of the Equipment or the Premises;
  3. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and representatives, in the event of my death or incapacity;
  4. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario and no other jurisdiction; and
  5. That any litigation involving the parties to this Agreement shall be brought within the Province of Ontario and shall be within the exclusive jurisdiction of the Courts of the Province of Ontario.

I HAVE READ AND UNDERSTAND THIS AGREEMENT. BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE THAT I AM AGREEING TO THE FOLLOWING:

I.               THAT I AM ASSUMING ALL RISK OF INJURY, LOSS OR DAMAGE WITH RESPECT TO THE EQUIPMENT, THE ACTIVITY I            WILL BE PARTICIPATING IN AND THE USE OF THE PREMISES;

II.              THAT I AM WAIVING ANY AND ALL CLAIMS ARISING FROM ANY CAUSE WHATSOEVER AGAINST THE RELEASEES, ON BEHALF OF MYSELF AND MY HEIRS, SUCCESSORS AND ASSIGNS; AND

III.             THAT I WILL INDEMNIFY THE RELEASEES IF ANY SUCH CLAIMS ARE BROUGHT AGAINST THEM.


I/We the undersigned as the Legal Guardian for the Participants named as listed below hereby agree to indemnify and save harmless Muskoka Bay Resort., , agents, principals, directors, servants, representatives and/or the owners, lessors or occupiers of all lands and premises upon which the Participant(s) may from time to time be participating in a Muskoka Bay Resort facilitated third party excursions, mountain bikes, e-bikes, or tennis court use from any and all Judgments or Orders for the payment of money or money equivalent, claims and demands, suits, or actions, of whatever nature including any claims for contribution and indemnity and all solicitor and client costs of responding to or defending such claims, demands suits or actions, which may be brought by the Participants, the Participant(s) personal representative(s) or by any person in favour of the Participants(s), arising out of, or in connection with, the use of the facilities and/or equipment of Muskoka Bay Resort Inc. by the Participant(s).


Signature of Renter OR Signature of parent or guardian if person renting is under 18 years:

Date: March 22, 2023


Privacy Notice: Muskoka Bay Resort respects your privacy. Any personal information we collect is used only to develop products, services and offers, communicate with our customers and complete the transactions that ultimately deliver our products and services to you. Your personal information is not shared, without your consent, with third parties for the purpose of marketing or selling their products or services.

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*
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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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