EMBFest Release & Waiver

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT

(hereinafter referred to as the “Release Agreement”)

BY SIGNING THIS RELEASE AGREEMENT, 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!

I hereby agree that this Release Agreement shall apply, for each Rider, to all Mountain Biking, including without limitation all group rides, events, activities and sessions, during EMBFest.

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NOTICE TO RIDERS, PARENTS AND GUARDIANS

If you are new to mountain biking programs and/or Edmonton trails or if you are signing or consenting to this Release Agreement as the parent or legal guardian of a Rider under the age of 18, please take the time to review this document carefully and familiarize yourself and any minor Rider with the mountain biking activities. Injuries are a common and expected part of mountain biking. EMBFest offers organized group rides and instructional sessions led by certified coaches. More challenging terrain should not be attempted until the Rider has the appropriate skill, experience and equipment. Please speak to one of the local partner clubs for more information regarding additional mountain biking lessons and instruction.

As with many adventure sports, mountain biking involves the risk of injury, including serious injury, head injury, paralysis, or death. The risk of injury increases with the degree of difficulty of the trail and features and the speed of descent. Although the risk of injury can never be eliminated, the Rider can manage the risk through controlling speed and choosing terrain appropriate for the rider’s skill and experience. Additional lessons or programs offered by local partner clubs will also assist the Rider in managing the risk of injury.

EMBFest RESPONSIBILITY CODE

BE AWARE, RIDE WITH CARE

Mountain Biking involves the risk of serious injury or death. Knowledge and caution can reduce the risk. For your safety and the safety of others, please adhere to the code.

RIDE IN CONTROL AND WITHIN YOUR ABILITY LEVEL. You must be able to stop and avoid other people or objects. Understand trail ratings listed for the area and progression. Start slow and small. Ride trails and features matching your ability.
PROTECT YOURSELF. Helmets are mandatory during EMBFest activities and strongly recommended at all other times. Other protective equipment is strongly recommended.
DO NOT RIDE if your ability or judgment is impaired by drugs, alcohol, or fatigue.
INSPECT AND MAINTAIN YOUR BIKE or have it checked by a qualified bike mechanic before you ride.
INSPECT TRAILS AND FEATURES. Conditions change constantly on trails and features. Inspect features before use and throughout the day.
STAY ON MARKED TRAILS. Do not cut switchbacks and keep off closed areas.
LOOK OUT FOR OTHERS. Avoid riders ahead of you and/or traveling downhill. They have the right of way. Yield to other riders when entering a trail.
BE VISIBLE. Do not stop where you obstruct a trail or are not visible from above.
COOPERATE. If you are involved in or witness a collision or accident, you must identify yourself to the volunteer, staff member, or local authority.

Know and Follow the Code – Be Safety Conscious. It is your Responsibility!

MAKE YOURSELF AWARE OF ANY AREA’S SPECIFIC REGULATIONS

EMBFest Privileges may be Revoked for Breach of this Code

MOUNTAIN BIKE CHECKLIST

Mountain biking is rough and demanding on both the bike and body.

Before riding, always inspect your equipment or have it checked by a qualified bike mechanic.

Ensure your helmet fits your head, is in good shape and properly adjusted.
Inspect bike frame and components for cracks, damaged or dented areas.
Ensure your brakes are working and have sufficient brake pads to stop your bike while descending.
Front and rear axles should be tight.
Ensure headset and stem are secure with no looseness or play.
Check that your tires are in good condition, with no tears or cuts in the sidewall. Ensure you have the appropriate tire pressure for riding conditions.
Handlebar and handle grips must be tight and unable to spin.
Seat and seat post need to be fastened securely.
Check suspension is adjusted for specific terrain.

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RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT

(hereinafter referred to as the “Release Agreement”)

PLEASE READ CAREFULLY!

I hereby agree that this Release Agreement shall apply, for each Rider, to all Mountain Biking, including without limitation all group rides, events, activities and sessions, during 2023 EMBFest.

TO: OFFBEAT ENTERTAINMENT, operating as EMBFest, and its directors, officers, employees, instructors, guides, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, insurers, successors and assigns, and all organizers, officials, workers, participants, sponsors, promoters and advertisers involved with Mountain Biking during EMBFest (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, conducted, hosted, or authorized by the Releasees including but not limited to: cycling; bike descents; downhill, enduro, cross-country, and four-cross biking; dirt jumping; BMX biking; all mountain riding; bicycle programs; bicycle camps; lessons; use of local trails; bicycle skills training; use of trails and roads; guided mountain biking activities; training; clinics; races; competitions; demonstrations and events; orientation and instructional courses and sessions; big air contests; dual slalom, downhill, and biker cross events; BMX courses and races; use of e-bikes or any other type of wheeled self-propelled conveyance; and other such activities, events or services, or use of the Facilities (defined below) in any way connected with or related to the Releasees.

SAFETY

The Rider has been advised to wear an approved helmet and other protective equipment such as elbow/forearm and knee/shin armour when Mountain Biking. Use of a helmet is mandatory during EMBFest activities. A helmet designed for recreational bicycle use may help reduce the risk of some types of injuries to the Rider at slower speeds. Serious injury or death can result from both low and high energy impacts, even when a helmet is worn. Please refer to the Mountain Bikers Responsibility Code and Mountain Bike Checklist for further safety information.

ASSUMPTION OF RISKS

Injuries are a common and expected part of Mountain Biking. Mountain Biking at EMBFest could take 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 weather conditions; mechanical failure of bikes and other equipment; improperly adjusted or maintained bikes and other equipment; falls; loss of balance; high-speed descents; difficulty or inability to control one’s speed and direction; rapid or uncontrolled acceleration on hills and inclines; extreme variation in terrain, trails or features, including steep or slippery sections, trees, roots, tree stumps, logs, cliffs, rocks, rock drops, loose gravel, holes, depressions, mud, off-camber turns, streams and creeks; constructed features such as bridges, ramps, ladders, bumps, berms, jumps, and drops; impact or collision with natural and constructed objects, other mountain bikers, vehicles, pedestrians, spectators, and officials; encounters with domestic and wild animals; negligence of other riders or users of the premises; travel on highways and roads; becoming lost or separated from the guides or instructors or other mountain bikers or racers; infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact; negligent first aid; failure to act safely or within one’s own ability or to stay within designated areas; accidents during mountain bike lessons, programs, or camps; 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 THE RIDER FROM OR WARN THE RIDER OF THE RISKS, DANGERS AND HAZARDS OF MOUNTAIN BIKING. I am also aware that the risks, dangers, and hazards of Mountain Biking exist throughout and beyond the Facilities and that many hazards are unmarked. 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 the Releasees accepting the Rider’s application for a pass, season pass, program, and/or lesson, allowing the Rider’s participation in Mountain Biking, and permitting the Rider’s participation in EMBFest, which facilities shall include all areas and hills where Mountain Biking is provided by the Releasees, whether owned by the Releasees or not (collectively, the “Facilities”), I hereby agree as follows:

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 the Rider’s participation in Mountain Biking or the Rider’s use of or presence on/at the Facilities, 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, RSA 2000, c O-4, 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 THE RIDER FROM OR WARN THE RIDER OF THE RISKS, DANGERS AND HAZARDS OF MOUNTAIN BIKING OR USING THE FACILITIES;
TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage, loss or personal injury to any third party resulting from the Rider’s participation in Mountain Biking or the Rider’s use of or presence on/at the Facilities;
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;
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;
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; and
If any provision of this Release Agreement is held by a Court to be unenforceable, then such provision will be modified to reflect the Rider and Releasees’ intention. All remaining provisions of this Release Agreement shall remain in full force and effect as drafted.

In entering into this Release Agreement, I am not relying upon 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.

Any ticket or pass issued to me is the property of OFFBEAT ENTERTAINMENT, operating as EMBFest, is not transferable, may not be resold, and is revocable in the event of my misconduct or breach of EMBFest’s posted rules.

THE RIDER OR THEIR LEGAL GUARDIAN HAS READ THIS RELEASE AGREEMENT AND IS AWARE THAT, BY SIGNING THIS RELEASE AGREEMENT, THE RIDER IS WAIVING CERTAIN LEGAL RIGHTS WHICH THE RIDER OR ANY OF THE RIDER’S HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES, INCLUDING THEIR RIGHT TO SUE. I ACKNOWLEDGE THAT I AM SIGNING THIS RELEASE AGREEMENT FREELY AND VOLUNTARILY AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY.

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Street address, P.O. box, company name, c/o

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I understand that it is my personal responsibility to consult with my physician prior to my participation in any programs or prior to participating in EMBFest Activities. I also understand that if at any time during any programs, or when receiving any instruction, if I feel discomfort or strain it is my responsibility to cease the activity and consult with my physician. I understand that EMBFest reserves the right to refuse admission to anyone that EMBFest think may pose a health risk to themselves or to others. I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any program at EMBFest*

I agree

Identifiable photographers will take photographs and videos on the premises, including users within the facility. If photographers are taking photographs/videos of the participant, consent is implied unless otherwise declared. If the participant does not consent to being photographed/videoed, they must communicate that with the photographer as the photographs/videos are being taken. Otherwise, consent can be revoked at any time by contacting EMBFest. The photographs/videos taken can be used by EMBFest in any publication (commercial or otherwise), including, but not limited to, social media posts, printed posters, websites, and large banners/billboards. The photographs/videos can be edited or copied and the right to inspect or approve the finished product where the individual’s likeness appears is waived. The photographs/videos can be taken without payment or any other consideration.*

I agree

No photography consent

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

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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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