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I have been given a copy of this Release Agreement and I have been advised to read it carefully. 


NOTICE TO RIDERS, PARENTS AND GUARDIANS

If you are new to the mountain biking program at Nitehawk Year-Round Adventure Park or if you are signing this Release Agreement as the parent or guardian of a rider under the age of 19, please take the time to review this document carefully and familiarize yourself with the mountain biking activities at Nitehawk Year-Round Adventure Park. Injuries are a common and expected part of mountain biking. Nitehawk Year-Round Adventure Park offers introductory mountain biking lessons and beginner mountain biking terrain. More challenging terrain should not be attempted until the rider has the appropriate skill, experience and equipment. Please call our office at 780-532-6637 for more information regarding mountain biking at Nitehawk Year-Round Adventure Park.

STOP - READ THIS!!!

NITEHAWK YEAR-ROUND ADVENTURE PARK - BIKE PARK

Important Information about the Bike Park

  • Use of the Bike Park involves the risk of injury. You control the degree of risk you will encounter in using the trails and features in the Bike Park.
  • Do not attempt any of the trails or features unless you have sufficient ability and skill to do so safely. Always ride in control and within your ability level.
  • Helmets are mandatory in the Bike Park and protective padding & full face helmets are strongly recommended. Full suspension bikes are recommended.
  • The Bike Park is not recommended for first time cyclists, without proper instruction.
  • All inexperienced riders under age 13 should have the consent of a parent or guardian to ride in the Bike Park unaccompanied by an adult.
  • Downhill riding only. Uphill riding and hiking in the Bike Park is only permitted on the gravel access road not on the bike trails.
  • Be aware of changing conditions on trails and features. It is your responsibility to inspect trails and features before using them.
  • Be aware of vehicle traffic and bike crossings on access roads. And Stop at all road crossings.

As with many adventure sports, riding in the Bike Park 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 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. Orientation sessions, participating in lessons & clinics will also assist the rider in managing the risk of injury. 

MOUNTAIN BIKER'S RESPONSIBILITY CODE

1. RIDE IN CONTROL AND WITHIN YOUR ABILITY LEVEL. You must be able to stop and avoid other people or objects. You must understand bike park signage, trail ratings and trail progression. Start slow and small. Ride trails and features matching your ability.

2. PROTECT YOURSELF. Helmets are mandatory in Bike Parks and strongly recommended on all other trails. Other protective equipment is strongly recommended.

3. DO NOT RIDE if your ability or judgement is impaired by drugs, alcohol or fatigue.

4. INSPECT AND MAINTAIN YOUR BIKE or have it checked by a qualified bike mechanic before you ride.

5. OBEY SIGNS AND WARNINGS. Stay on marked trails. Do not cut switchbacks and keep off of closed areas.

6. INSPECT TRAILS AND FEATURES. Conditions change constantly on trails and features. Inspect features before use and throughout the day.

7. BE LIFT SMART. Make sure you have the physical dexterity, ability and knowledge to safely load, ride and unload lifts when riding at lift access resorts. Ask for assistance with chairlifts and surface lifts if unsure.

8. LOOK OUT FOR OTHERS. Avoid riders ahead of you. They have the right of way. Yield to other riders when entering a trail.

9. BE VISIBLE. Do not stop where you obstruct a trail or are not visible from above.

10. COOPERATE. If you are involved in or witness a Collision or accident, you must identify yourself to the Bike Patrol, staff member or local authority.

KNOW AND FOLLOW THE CODE – BE SAFETY CONSCIOUS. IT IS YOUR RESPONSIBILITY.
PARK PRIVILEGES REVOKED FOR BREACH OF THIS CODE

MOUNTAIN BIKE CHECKLIST

The trails of Green Mountain Bike Park are rough and demanding on both the bike and body. Before riding always inspect your equipment or have it checked by a qualified bike mechanic.

1. 1. Ensure your helmet is in good shape and properly adjusted

2. Inspect bike frame for cracks, damaged or dented areas.

3. Ensure you have sufficient brake pad to stop your bike while descending.

4. Front and rear axles (skewers) should be tight.

5. Headset and stem must be secure with no looseness or play.

6. Check that your tires are in good condition, with no tears or cuts in the sidewall.

7. Handle bar and handle grips must be tight and unable to spin. Seat and seat post need to be fastened securely


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 WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE GRANDE PRAIRIE SKI CLUB o/a: NITEHAWK YEAR-ROUND ADVENTURE PARK FOR NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF THE OCCUPIERS LIABILITY ACT OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT

PLEASE READ CAREFULLY!

TO: GRANDE PRAIRIE SKI CLUB o/a: NITEHAWK YEAR-ROUND ADVENTURE PARK and its directors, officers, employees, agents, independent contractors, subcontractors, representatives, successors and assigns, and all organizers, officials, workers, volunteers, participants, sponsors, promoters and advertisers involved with mountain biking at Grande Prairie Ski Club o/a: Nitehawk Year-Round Adventure Park (all of whom are 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 or conducted by the Releasees including but not limited to: cycling; bike descents; mountain bike tours; bicycle camps; use of the Nitehawk Year-Round Adventure Park - Bike Park; bicycle skills training; use of trails and roads; guided mountain biking activities; races; competitions; demonstrations and events; orientation and instructional courses and sessions; big air contests; dual slalom, downhill, and biker cross events; use of mountain boards or any other type of wheeled self-propelled conveyance; and all other related activities, events or services.

ASSUMPTION OF RISKS

Injuries are a common and expected part of mountain biking. Mountain biking at Nitehawk Year-Round Adventure Park takes 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: use of ski lifts; changing weather conditions; mechanical failure of equipment; slips, trips and 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 cycling terrain including steep or slippery sections, trees, roots, tree stumps, logs, cliffs, rocks, rock drops, loose gravel, holes, depressions, streams and creeks; constructed feature such as bridges, ramps, ladders, bumps, berms, jumps, and drops; collisions with natural and constructed objects, other mountain bikers, vehicles, pedestrians, spectators and officials; encounters with domestic and wild animals including dogs and bears; negligence of other riders or users of the premises; infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact; negligent first aid; accidents during mountain bike instructional courses, lessons, clinics or sessions 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 MOUNTAIN BIKING.

SAFETY

I have 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 in the Bike Park. Please refer to the ‘Stop – Read This’ sign, Mountain Bikers Responsibility Code and Mountain Bike Checklist for further safety information.

COMPETITIONS

I acknowledge that the risks, dangers and hazards of mountain biking are increased during races, competitions and contests, due to the competitive nature of the activity and the fact that there will be other participants on the course. 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.


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 being permitted to participate in mountain biking, mountain bike lessons, sessions, clinics and competitions, and my use of services, equipment and facilities at Nitehawk Year-Round Adventure Park, 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 participation in mountain biking, 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 ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF MOUNTAIN BIKING;

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 participation in mountain biking;

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.

In entering into this Release Agreement I am not relying on 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.

I CONFIRM THAT I HAVE READ THIS RELEASE AGREEMENT AND 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.

Today's date: July 26, 2024

First Participant's Name

First Name*

Middle Name

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Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

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Middle Name

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

First Name*

Middle Name

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

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Middle Name

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

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

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

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

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

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

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Tenth Participant's Date of Birth*
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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 Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
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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