R55, 2021-04-19

NOTE: Arbutus Routes does not accept paper waivers, please submit electronically.



ARBUTUS ROUTES TOUR AND RENTAL AGREEMENT

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT.
(hereinafter the "Release Agreement")
BY SIGNING THIS RELEASE AGREEMENT, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS,INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY!
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Your email is used strictly for digital receipt usage and direct communication regarding your booking. It will not be used for marketing or given to a third party.

TO: WOA-Whistler Outback Adventures Ltd. doing business as Arbutus Routes and its directors, officers, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors and assigns (all of whom are hereinafter referred as “the Releasees”)

RENTAL AGREEMENT

I accept full responsibility for the equipment rented under this Agreement (the “Equipment”). I agree to pay for any damage and replace the Equipment at full retail value if not returned by the agreed date. Damage caused under proper use of the equipment is covered by the Accidental Damage Protection if paid for that date of rental. I am familiar with the proper use of the Equipment.

DEFINITION

In this Release Agreement the term “Bicycle Touring” shall include all activities, trips, tours, rides, events, accommodation, and use of the Equipment, meals and services organized, provided, arranged, conducted, sponsored, promoted or authorized by the Releasees.

SAFETY

I have been advised to wear an approved helmet while bicycling, and to comply with all applicable municipal and provincial highway laws and regulations.

ASSUMPTION OF RISKS

I am aware that participation in Bicycle Touring involves many risks, dangers and hazards including, but not limited to: changing weather conditions; mechanical failure of Equipment; loss of balance; difficulty or inability to control one’s speed and direction; variation or changes in the cycling surface including slippery surfaces, holes, depressions, loose gravel, etc.; impact or collision with pedestrians, motor vehicles or other cyclists; encounters with domestic or wild animals, failing to cycle safely or within one's own ability; infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact; and NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE USE OF THE EQUIPMENT OR PARTICIPATING IN BICYCLE TOURING.

I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE USE OF THE EQUIPMENT AND PARTICIPATING IN BICYCLE TOURING 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 the RELEASEES agreeing to my participation in Bicycle Touring and permitting me to rent the Equipment and use their services, equipment and other facilities, 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 use of the Equipment or participation in Bicycle Touring, 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
    , in respect of the selection or maintenance of the Equipment or in respect of the provision or failure to provide any warnings, directions or instructions as to the use of the Equipment or the risk dangers and hazards of participating in Bicycle Touring;


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 use of the Equipment or my participation in Bicycle Touring;

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 where the Bicycle Touring takes place and no other jurisdiction; and

5. Any litigation involving the parties to this Release Agreement shall be brought solely within the province where the Bicycle Touring takes place and shall be within the exclusive jurisdiction of the Courts of that province.

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 use of the Equipment or Bicycle Touring, other than what is set forth in this Release Agreement.

I CONFIRM THAT I HAVE READ AND AGREED TO 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.

Signed on Sun Nov 28, 2021


Signature of Participant or Equipment User if 19 years of age or over; or Signature of Guardian if Participant is under the age of 19:

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Signature of Participant or Equipment User


Members of the same household that are 19+ years of age must agree to the terms of the waiver before participating. Select how many additional users from the same household that need to Read and Agree to this Release Agreement?

Signature of Participant or Equipment User if 19 years of age or over; or Signature of Guardian if Participant is under the age of 19:

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First Additional Participant or Equipment Users Signature

Signature of Participant or Equipment User if 19 years of age or over; or Signature of Guardian if Participant is under the age of 19:

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Second Additional Participant or Equipment Users Signature

Signature of Participant or Equipment User if 19 years of age or over; or Signature of Guardian if Participant is under the age of 19:

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Third Additional Participant or Equipment Users Signature

Signature of Participant or Equipment User if 19 years of age or over; or Signature of Guardian if Participant is under the age of 19:

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Fourth Additional Participant or Equipment Users Signature

Signature of Participant or Equipment User if 19 years of age or over; or Signature of Guardian if Participant is under the age of 19:

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Fifth Additional Participant or Equipment Users Signature

Signature of Participant or Equipment User if 19 years of age or over; or Signature of Guardian if Participant is under the age of 19:

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Sixth Additional Participant or Equipment Users Signature


©ROBERT KENNEDY/FARRIS/0219/4412465