RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
(hereinafter the “Release Agreement”)
BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR
TO CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY!
TO: NIPIKA DEVELOPMENTS LTD., carrying on business as Nipika Mountain Resort, Her Majesty the Queen in the Right of the Province of British Columbia, their directors, officers, employees, guides, agents, independent contractors, subcontractors, representatives, successors, assigns, volunteers, sponsors and guests (all of whom are hereinafter collectively referred to as "the Releasees")
DEFINITION – In this Release Agreement, the term "Kootenay Krusher Mountain Bike Race" shall include but is not limited to: participating in the Kootenay Krusher Mountain Bike Race, camping, hiking, swimming, meals provided or organized by the Releasees, and use of facilities and associated equipment including the pond, hot tub, sauna, fireplaces, campfires, axes, warming huts, the cabins, the barn, Nipika rental bicycles; and transportation or travel to and from locations used for the Kootenay Krusher Mountain Bike Race.
ASSUMPTION OF RISKS – The terrain used for the Kootenay Krusher Mountain Bike Race is uncontrolled, with many unmarked obstacles, and involves many risks, dangers and hazards. These may include but are not limited to: driving to and from, participating in and assisting with the race; falling off of ones bicycle; loss of balance; collision with other riders; collision with trees, logs or rocks; collision with motorized vehicles; hypothermia due to exposure to cold weather; heat exhaustion or hyperthermia due to exposure to hot weather; variation in weather; equipment failure; accidents while hiking; accidents while being evacuated for first aid; variation in the terrain including holes, depressions, loose gravel, rocks, mud, roots, logs, creeks; impact with trees, tree stumps, forest deadfall, rocks, or other natural or man-made objects on or adjacent to the official race course trails; un-maintained and/or unmarked trails, roads and bridges; road crossings; lifting heavy objects; performing bike repairs; encounters with wild and domestic animals including bears and dogs; becoming lost or separated from the race; limited access to first aid due to travel/racing in remote locations; limited ability for first aid teams to extract participants from the race course or area; being lost for an extended period of time; being unaccompanied in unfamiliar terrain and surroundings; failure to act safely or within one’s ability or to stay within designated areas; negligent first aid; negligence of other persons, including other participants and guests and NEGLIGENCE ON THE PART OF THE RELEASEES.
I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE BY THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE KOOTENAY KRUSHER MOUNTAIN BIKE RACE.
Communication in the wilderness may be difficult, and in the event of an accident, rescue, medical treatment and evacuation may not be available immediately. Mountain weather conditions may be extreme and can change rapidly and without warning effecting response times of rescue personal.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE KOOTENAY KRUSHER MOUNTAIN BIKE RACE 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.
NON-SCHEDULED OR EMERGENCY EVACUATION, RESCUE OR FIRST AID
I acknowledge and agree that all expenses associated with non-scheduled or emergency evacuation, rescue or first aid will be my responsibility and will not be covered by the Releasees.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees allowing me to participate in the Kootenay Krusher Mountain Bike Race as defined in this Release Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, 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 wilderness activities, 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 WILDERNESS ACTIVITIES REFERRED TO ABOVE;
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE KOOTENAY KRUSHER MOUNTAIN BIKE RACE 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.
NON-SCHEDULED OR EMERGENCY EVACUATION, RESCUE OR FIRST AID
I acknowledge and agree that all expenses associated with non-scheduled or emergency evacuation, rescue or first aid will be my responsibility and will not be covered by the Releasees.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees allowing me to participate in the Kootenay Krusher Mountain Bike Race as defined in this Release Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
2. 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 the Kootenay Krusher Mountain Bike Race;
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 the Province of British Columbia and no other jurisdiction; and
5. Any litigation involving the parties to this Release Agreement 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.
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 The Kootenay Krusher Mountain Bike Race, other than what is set forth in this Release Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, 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.
|