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Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement.


READ THE FOLLOWING SECTIONS FULLY AND CAREFULLY PRIOR TO SIGNING. THE FOLLOWING SECTIONS CREATE LEGALLY BINDING RESPONSIBILITIES AND OBLIGATIONS ON THE RENTER TO RELEASE THE COMPANY FROM ALL OBLIGATIONS AND TO INDEMNIFY THE COMPANY AGAINST CLAIMS BROUGHT AGAINST IT BASED ON THE RENTER’S USE OF THE EQUIPMENT.

I, THE BELOW-NAMED PERSON, BEING AGED 19 OR ABOVE, OR THE PARENT OR LEGAL GUARDIAN OF THE BELOW-NAMED PERSON WHO IS OF THE AGE 16, 17, OR 18, IN CONSIDERATION FOR THE PROVISION OF SERVICES BY ELECTRIC ALPINE BIKING, FOR OTHER GOOD AND VALUABLE CONSIDERATION, AND THE PERMISSION TO ENGAGE IN THE ACTIVITIES (AS HEREIN DEFINED) AS A PARTICIPANT, HEREBY ACKNOWLEDGE AND AGREE WITH ELECTRIC ALPINE BIKING, THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “COMPANY”), THAT ON BEHALF OF MYSELF, HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN, I AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT (THE “AGREEMENT”).

I Agree


ACKNOWLEDGEMENT OF RISK: I UNDERSTAND AND AGREE THAT CYCLING, THE USE OF ELECTRIC BICYCLES AND RELATED ACTIVITIES, including without limitation, entering into the Company’s vehicles, and interacting with equipment, the public, and employees (collectively, the “Activities”) BEAR CERTAIN KNOWN AND UNANTICIPATED RISKS, HAZARDS, AND DANGERS including, but not limited to: the loss of balance; difficulty or inability to control ones speed or direction; variation or steepness in terrain; rapid or uncontrolled acceleration on inclines; mechanical failure of bicycles or electric bicycles or their components; changes in riding environment including, but not limited to, rocks, gravel, cliffs, trees, roots, tree stumps, waterways, bridges, posts, and bollards; changing weather conditions; encounters with wild and domesticated animals; pedestrians; motor-vehicles; other cyclists; and NEGLIGENCE ON THE PART OF THE COMPANY, INCLUDING THE FAILURE OF THE COMPANY TO TAKE REASONABLE STEPS TO SAFEGAURD OR PROTECT ME FROM THE RISKS, HAZARDS, AND DANGERS OF THE ACTIVITIES, WHETHER KNOWN OR UNANTICIPATED. I UNDERSTAND AND AGREE THAT THE KNOWN AND UNANTICIPATED RISKS, HAZARDS, AND DANGERS could result indamageswhich include, but are not limited to: injury, death, illness or disease, physical or mental damage to myself, my property, other third parties or their property, the property of the Company, or other mental, social and economic damages not readily foreseeable at this time (collectively, “Damages”).

I Agree

 

SAFETY EQUIPEMENT: I ACKNOWLEDGE THAT I MUST WEAR ALL NECESSARY SAFETY EQUIPMENT AT ALL TIMES INCLUDING HELMETS AND OTHER PROTECTIVE EQUIPMENT. I UNDERSTAND THAT MY USE OF THE SAFETY EQUIPMENT WHILE PARTICIPATING IN THE ACTIVITIES CANNOT GUARANTEE MY SAFETY FROM THE VARIOUS RISKS, HAZARDS, AND DANGERS RELATED TO PARTICIPATING IN THE ACTIVITIES.

I Agree


PERSONAL HEALTH: I REPRESENT AND WARRANT that I am qualified, in good health, and of proper physical and mental condition to participate in the Activities, as physically demanding as the Activities may be.

I Agree


ASSUMPTION OF RISK: I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES. I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES INVOLVE MANY RISKS, DANGERS, AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE RISK OF SERIOUS INJURY, DEATH, ILLNESS OR DISEASE, DAMAGE TO MYSELF OR TO OTHERS, AND DAMAGE TO MY PROPERTY OR THE PROPERTY OF OTHERS. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL RESPONSIBILITY OF THE RISKS, DANGERS, AND HAZARDS INVOLVED AND THE POSSIBILITY OF INJURY, DEATH, ILLNESS, DISEASE, DAMAGE TO MYSELF OR TO OTHERS, AND DAMAGE TO MY PROPERTY OR THE PROPERTY OF OTHERS, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE ARISING FROM MY VOLUNTARY PARTICIPATION IN THE ACTIVITIES.

I Agree

 

RELEASE AND WAIVER OF CLAIMS: I HEREBY RELEASE, DISCHARGE, AND AGREE TO ACCEPT AND ASSUME ALL RESPONSIBILITY AND RISK FOR INJURY, DEATH, ILLNESS, DISEASE, OR DAMAGE TO MYSELF AND/OR TO OTHERS, AND TO MY PROPERTY AND OTHERS’ PROPERTY, INCLUDING THAT OF THE COMPANY, ARISING FROM MY PARTICIPATION IN THE ACTIVITIES AND AGREE NOT TO SUE ELECTRIC ALPINE BIKING, ITS INSTRUCTORS, EMPLOYEES, AGENTS, OWNERS, AND CONTRACTORS (EACH CONSIDERED ONE OF THE “RELEASEES”) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, INJURIES, DAMAGE TO PROPERTY, OR OTHER DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSE IN WHOLE OR IN PART BY THE ACTIONS OR OMISSIONS, INCLUDING NEGLIGENCE, OF THE “RELEASEES” OR OTHERWISE.

I Agree

 

INDEMNIFICATION: I AGREE TO 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 MY PARTICIPATION IN THE ACTIVITIES.

I Agree


PERSONAL EQUIPMENT: If I seek to transport any of my own personal equipment (including bicycles or associated accessories), I WILL defer loading, unloading, and transportation of my personal equipment to the Company where such loading, unloading, and transporting shall be deemed apart of the Activities under this Agreement.

 

I Agree



 

GENERAL: This Agreement constitutes the entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall enure to the benefit of me and my heirs and next-of-kin, and the Company and its successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Province of 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 the Province of British Columbia, and I hereby consent to the exclusive jurisdiction of such courts.

I Agree

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

 

 Today's Date: April 12, 2024

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First Participant's Name

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First Participant's Information
MEDIA RELEASE: By participating in or attending the Activities, I CONSENT TO THE USE OF ANY PHOTOGRAPHS, PICTURES, FILM, OR VIDEOTAPE TAKEN OF ME OR PROVIDED BY ME FOR PUBLICITY, PROMOTION, TELEVISION, WEBSITES, OR ANY OTHER USE, AND EXPRESSLY WAIVE ANY RIGHT OF PRIVACY, COMPENSATION, COPYRIGHT, OR OTHER OWNERSHIP RIGHT CONNECTED TO SAME. I also agree to receive emails to the address that I provide below but may contact Electric Alpine Biking to request that my email not be used for any marketing communications from Electric Alpine Biking. *
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First Participant's Signature*
Second Participant's Name

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Second Participant's Date of Birth*
Second Participant's Information
MEDIA RELEASE: By participating in or attending the Activities, I CONSENT TO THE USE OF ANY PHOTOGRAPHS, PICTURES, FILM, OR VIDEOTAPE TAKEN OF ME OR PROVIDED BY ME FOR PUBLICITY, PROMOTION, TELEVISION, WEBSITES, OR ANY OTHER USE, AND EXPRESSLY WAIVE ANY RIGHT OF PRIVACY, COMPENSATION, COPYRIGHT, OR OTHER OWNERSHIP RIGHT CONNECTED TO SAME. I also agree to receive emails to the address that I provide below but may contact Electric Alpine Biking to request that my email not be used for any marketing communications from Electric Alpine Biking. *
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Third Participant's Name

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Third Participant's Information
MEDIA RELEASE: By participating in or attending the Activities, I CONSENT TO THE USE OF ANY PHOTOGRAPHS, PICTURES, FILM, OR VIDEOTAPE TAKEN OF ME OR PROVIDED BY ME FOR PUBLICITY, PROMOTION, TELEVISION, WEBSITES, OR ANY OTHER USE, AND EXPRESSLY WAIVE ANY RIGHT OF PRIVACY, COMPENSATION, COPYRIGHT, OR OTHER OWNERSHIP RIGHT CONNECTED TO SAME. I also agree to receive emails to the address that I provide below but may contact Electric Alpine Biking to request that my email not be used for any marketing communications from Electric Alpine Biking. *
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Agree
Fourth Participant's Name

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Fourth Participant's Date of Birth*
Fourth Participant's Information
MEDIA RELEASE: By participating in or attending the Activities, I CONSENT TO THE USE OF ANY PHOTOGRAPHS, PICTURES, FILM, OR VIDEOTAPE TAKEN OF ME OR PROVIDED BY ME FOR PUBLICITY, PROMOTION, TELEVISION, WEBSITES, OR ANY OTHER USE, AND EXPRESSLY WAIVE ANY RIGHT OF PRIVACY, COMPENSATION, COPYRIGHT, OR OTHER OWNERSHIP RIGHT CONNECTED TO SAME. I also agree to receive emails to the address that I provide below but may contact Electric Alpine Biking to request that my email not be used for any marketing communications from Electric Alpine Biking. *
Disagree
Agree
Fifth Participant's Name

First Name*

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Fifth Participant's Date of Birth*
Fifth Participant's Information
MEDIA RELEASE: By participating in or attending the Activities, I CONSENT TO THE USE OF ANY PHOTOGRAPHS, PICTURES, FILM, OR VIDEOTAPE TAKEN OF ME OR PROVIDED BY ME FOR PUBLICITY, PROMOTION, TELEVISION, WEBSITES, OR ANY OTHER USE, AND EXPRESSLY WAIVE ANY RIGHT OF PRIVACY, COMPENSATION, COPYRIGHT, OR OTHER OWNERSHIP RIGHT CONNECTED TO SAME. I also agree to receive emails to the address that I provide below but may contact Electric Alpine Biking to request that my email not be used for any marketing communications from Electric Alpine Biking. *
Disagree
Agree
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information
MEDIA RELEASE: By participating in or attending the Activities, I CONSENT TO THE USE OF ANY PHOTOGRAPHS, PICTURES, FILM, OR VIDEOTAPE TAKEN OF ME OR PROVIDED BY ME FOR PUBLICITY, PROMOTION, TELEVISION, WEBSITES, OR ANY OTHER USE, AND EXPRESSLY WAIVE ANY RIGHT OF PRIVACY, COMPENSATION, COPYRIGHT, OR OTHER OWNERSHIP RIGHT CONNECTED TO SAME. I also agree to receive emails to the address that I provide below but may contact Electric Alpine Biking to request that my email not be used for any marketing communications from Electric Alpine Biking. *
Disagree
Agree
Seventh Participant's Name

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Seventh Participant's Date of Birth*
Seventh Participant's Information
MEDIA RELEASE: By participating in or attending the Activities, I CONSENT TO THE USE OF ANY PHOTOGRAPHS, PICTURES, FILM, OR VIDEOTAPE TAKEN OF ME OR PROVIDED BY ME FOR PUBLICITY, PROMOTION, TELEVISION, WEBSITES, OR ANY OTHER USE, AND EXPRESSLY WAIVE ANY RIGHT OF PRIVACY, COMPENSATION, COPYRIGHT, OR OTHER OWNERSHIP RIGHT CONNECTED TO SAME. I also agree to receive emails to the address that I provide below but may contact Electric Alpine Biking to request that my email not be used for any marketing communications from Electric Alpine Biking. *
Disagree
Agree
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information
MEDIA RELEASE: By participating in or attending the Activities, I CONSENT TO THE USE OF ANY PHOTOGRAPHS, PICTURES, FILM, OR VIDEOTAPE TAKEN OF ME OR PROVIDED BY ME FOR PUBLICITY, PROMOTION, TELEVISION, WEBSITES, OR ANY OTHER USE, AND EXPRESSLY WAIVE ANY RIGHT OF PRIVACY, COMPENSATION, COPYRIGHT, OR OTHER OWNERSHIP RIGHT CONNECTED TO SAME. I also agree to receive emails to the address that I provide below but may contact Electric Alpine Biking to request that my email not be used for any marketing communications from Electric Alpine Biking. *
Disagree
Agree
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information
MEDIA RELEASE: By participating in or attending the Activities, I CONSENT TO THE USE OF ANY PHOTOGRAPHS, PICTURES, FILM, OR VIDEOTAPE TAKEN OF ME OR PROVIDED BY ME FOR PUBLICITY, PROMOTION, TELEVISION, WEBSITES, OR ANY OTHER USE, AND EXPRESSLY WAIVE ANY RIGHT OF PRIVACY, COMPENSATION, COPYRIGHT, OR OTHER OWNERSHIP RIGHT CONNECTED TO SAME. I also agree to receive emails to the address that I provide below but may contact Electric Alpine Biking to request that my email not be used for any marketing communications from Electric Alpine Biking. *
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Agree
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information
MEDIA RELEASE: By participating in or attending the Activities, I CONSENT TO THE USE OF ANY PHOTOGRAPHS, PICTURES, FILM, OR VIDEOTAPE TAKEN OF ME OR PROVIDED BY ME FOR PUBLICITY, PROMOTION, TELEVISION, WEBSITES, OR ANY OTHER USE, AND EXPRESSLY WAIVE ANY RIGHT OF PRIVACY, COMPENSATION, COPYRIGHT, OR OTHER OWNERSHIP RIGHT CONNECTED TO SAME. I also agree to receive emails to the address that I provide below but may contact Electric Alpine Biking to request that my email not be used for any marketing communications from Electric Alpine Biking. *
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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*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Information
MEDIA RELEASE: By participating in or attending the Activities, I CONSENT TO THE USE OF ANY PHOTOGRAPHS, PICTURES, FILM, OR VIDEOTAPE TAKEN OF ME OR PROVIDED BY ME FOR PUBLICITY, PROMOTION, TELEVISION, WEBSITES, OR ANY OTHER USE, AND EXPRESSLY WAIVE ANY RIGHT OF PRIVACY, COMPENSATION, COPYRIGHT, OR OTHER OWNERSHIP RIGHT CONNECTED TO SAME. I also agree to receive emails to the address that I provide below but may contact Electric Alpine Biking to request that my email not be used for any marketing communications from Electric Alpine Biking. *
Disagree
Agree
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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