E-Bike Activities Release of Liability, Waiver of Claims and Assumption of Risks
(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 or claim compensation following an accident.
Please read carefully.
Organization Name
Peace River Adventures, and its directors, officers, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors and assigns (all of whom are hereinafter referred to as the "Releasees").
Definitions
In this Release Agreement, the term "E-Bike Activities" shall include all activities, events, services, rentals, instruction, orientation, or use of electric bicycles provided, arranged, organized, conducted, sponsored, or authorized by the Releasees, including but not limited to:
- E-bike riding on roads, trails, pathways, gravel roads, and off-road terrain
- Guided or unguided e-bike tours
- Rental or use of e-bikes, helmets, locks, batteries, chargers, and related equipment
- Instructional or orientation sessions
- Transportation to and from riding locations
Rental Agreement
I accept full responsibility for all equipment rented to me. I agree to return all equipment in the same condition as received, normal wear and tear excepted. I agree to pay for any loss of, theft of, or damage to the equipment and to replace equipment at full retail value if not returned by the agreed-upon date.
Safety
I acknowledge that I have been advised to wear an approved helmet at all times while participating in E-Bike Activities. I understand and accept that helmet use is strongly recommended and may be required by law. I confirm that I am familiar with, or have been instructed on, the proper operation of the e-bike, including braking, steering, use of electric assist, battery operation, and emergency stopping.
I understand that terrain, weather, road conditions, traffic, and trail conditions may change without warning. I acknowledge that guides or staff may be available to answer questions regarding the proper use of the equipment, but that I am ultimately responsible for my own safety.
Assumption of Risks
I acknowledge that E-Bike Activities involve inherent risks, dangers, and hazards including, but not limited to:
- Loss of balance, falls, collisions with vehicles, cyclists, pedestrians, wildlife, or fixed objects
- Uneven surfaces, potholes, gravel, mud, sand, roots, rocks, and other trail or road hazards
- Mechanical or electrical failure of the e-bike or related equipment
- Sudden changes in weather, including rain, wind, heat, or cold
- Traffic hazards and road conditions
- Physical exertion, fatigue, dehydration, or overexertion
- NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING FAILURE TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS OF PARTICIPATING IN E-BIKE ACTIVITIES OR USING THE EQUIPMENT
I AM AWARE OF THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH E-BIKE ACTIVITIES AND FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, INCLUDING THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR LOSS.
Release of Liability, Waiver of Claims, and Indemnity Agreement
In consideration of being permitted to participate in E-Bike Activities and to rent and use equipment from the Releasees, I hereby agree as follows:
TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against the Releasees and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense, or injury, including death, arising from my participation in E-Bike Activities or use of equipment, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OWED UNDER THE OCCUPIERS’ LIABILITY ACT.
TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all claims, demands, actions, or liability arising from injury to third parties or damage to property resulting from my participation in E-Bike Activities or use of the equipment.
This Release Agreement shall be binding upon my heirs, next of kin, executors, administrators, assigns, and representatives in the event of my death or incapacity.
This Release Agreement shall be governed and interpreted solely in accordance with the laws of the Province or Territory in which the E-Bike Activities take place.
Any litigation arising from this Release Agreement shall be brought exclusively within the Province or Territory where the E-Bike Activities take place and shall be subject to the exclusive jurisdiction of the courts of that Province or Territory.
I acknowledge that I am not relying on any oral or written representations regarding safety other than what is expressly stated in this Release Agreement.
