TO: Eastern Ontario Trails Alliance and it's (their) directors, officers, guides, agents, representatives, suppliers, sponsors, successors,
insurers, insurance intermediary's, employees, owners, operators and assigns. (All of whom are here in after referred as “the Releasees”)
DEFINITION
In this Release Agreement: the term "ATVing" shall include all activities, services and use of facilities either provided, arranged, organized, conducted, sponsored or authorized
by the Releasees, including, but not limited to orientation and instruction sessions; recreational activities undertaken during the ATV tour; travel by ATV; all travel either within or
beyond the designated boundaries, including in the backcountry and on logging roads and trails.
RENTAL AGREEMENT
I accept full responsibility for the Equipment rented and agree to pay for any damage to the Equipment and replace the Equipment at full retail value if not returned by
the agreed date.
SAFETY
I have been advised to wear an approved helmet while ATVing. I am familiar with the proper use of the Equipment. I am aware that there are technicians available to answer any
questions that I may have as to the proper use of the Equipment.
ASSUMPTION OF RISKS
I am aware that ATVing involves many inherent risks, dangers and hazards, including but not limited to: exposed rock, earth, ice or other natural objects; trees, tree wells, tree
stumps, forest deadfall; holes and depressions on or beneath the trail or surface; variable and difficult weather conditions; changes or variations in the terrain which may create blind
spots or areas of reduced visibility; streams and creeks; cliffs; crevasses; travel on back-country roads; snowcat roads, road-banks and cut-banks; impact or collision with other
ATVs and vehicles; becoming lost or separated from the guides or other participants; mechanical failure of ATVs and related equipment; extreme and rapidly changing weather
conditions; encounter with wildlife including bears; avalanches; the failure to operate an ATV safely or within one's own ability; negligence of other participants and other
persons; and negligence on the partof the releasees, including the failure bythe releasees to safeguard or protectme from the risks, dangers and hazards referred to above.
Communication in the alpine terrain may be difficult, and in the event ofan accident rescue, medical treatment, and evacuation may not be available or may be delayed. Alpine
weather conditions may be extreme and can change rapidly and without warning.
I am aware of the risks, dangers and hazards associated with ATVing and I freely accept and fully assume all suchrisks, 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 considerationof the releasees agreeing to my participation in ATVing and permitting my use of their services, equipment, and other facilities, and for other good and
valuable consideration, the receipt and sufficiency of which is acknowledged, 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 MY PARTICIPATION IN ATVING OR
USE OF THE EQUIPMENT, 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, ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF
THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN ATVING REFERRED TO ABOVE; OR DUE TO NEGLIGENCE,
BREACH OF CONTRACT, OR BREACH OF WARRANTY ON THE PART OF THE RELEASEES IN RESPECT OF THE DESIGN, MANUFACTURE, SELECTION, INSTALLATION,
MAINTENANCE, INSPECTION, SERVICE OR REPAIR OF THE EQUIPMENT, OR IN RESPECT OF THE PROVISION OF OR THE FAILURE TO PROVIDE ANY WARNINGS, DIRECTIONS,
INSTRUCTIONS OR GUIDANCE AS TO THE USE OF THE EQUIPMENT.
- 1. To hold harmless and indemnify the releasees for all liability for any property damage, loss, or personal injury to any third party resulting from my participation in ATVing
or use of the Equipment.
- 2. 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.
- 3. 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 or territory where the ATVing takes place and no other jurisdiction.
- 4. Any litigation involving the parties to this Release Agreement shall be brought solely within the province orterritorywhere the ATVing takes place andshall be within the
exclusive jurisdiction of the Courts of that province or territory.
In entering into this Release Agreement, I amnot relying onany oral or written representations or statements made by the Releasees with respect to the safety of participating
in ATVing or use of the Equipment, 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.