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Waiver of Claims
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”)
In this Release Agreement: the term CLUB EVENT includes, but is not limited to all activities, services and use of facilities either provided by or
arranged by the Releasees, including, but not limited to: orientation sessions; recreational activities undertaken during an event; travel by vehicle; all
travel either within or beyond the designated boundaries, including in the backcountry and on logging roads, trails and private lands.
Off Road Vehicles (ORV) in this document refers includes ATV's, UTV's, Snowmobiles, Dirt/Trail Bikes, and Dune Buggies.
I have been advised to wear an approved riding helmet and appropriate protective equipment when operating an ORV. I will wear proper
safety equipment at all times, including helmet and other padding whilst participating in a club event. Failure to do so involves risk of injury.
LICENSE & REGISTRATION
I have been advised it is mandatory to carry the required license, registration and personal liability insurance as outlined in the Eastern
Ontario Trails Alliance.
ASSUMPTION OF RISKS
I acknowledge that ORVing is an inherently dangerous activity. I am aware that ORVing 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; crossing natural or manmade structures; travel on backcountry roads; snow ORV trails, road-banks and cut-banks; impact or collision with other ORV's and vehicles, becoming lost or separated
from the group or other participants; mechanical failure or ORV's and related equipment; extreme and rapidly changing weather conditions;
encounter with wildlife including bears and other animals; the failure to operate an ORV safely or within one's own ability; negligence of other
ORV riders and other persons; AND NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE BY THE
RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE. THIS
INCLUDES PARTICIPATION IN ANY TRAINING AND/OR INSTRUCTION GIVEN BY STAFF OF THE CLUB. I am also aware and
acknowledge that communication in the wilderness terrain may be difficult, and in the event of an accident, rescue, medical treatment and
evacuation may not be available or may be delayed. Wilderness 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 SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY
DAMAGE OR LOSS RESULTING THEREFROM.
ALCOHOL AND ILLEGAL SUBSTANCES.
I acknowledge that use and/or consumption of alcohol and all illicit drugs and/or street drugs IS
PROHIBITED ON THE vehicles OR WHILE ENGAGING IN THE CLUB EVENT. If I use, consumer or under the influence of alcohol or illicit
and/or street drugs prior to or while engaging in the CLUB EVENT or while on the Facilities, as defined above, EVEN IN THE EVENT OF
NEGLIGENCE OR FAULT BY THE RELEASEES OR OTHER THIRD PERSONS AND/OR THIRD PARTIES, I ASSUME AND ACCEPT ALL
SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OR PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS
RESULTING THEREFROMAND WILLINDEMNIFYTHE RELEASEES FROMANYANDALLLIABILITY FOR ANY DAMAGE TO PROPERTY
OR PERSONAL INJURY TO ANY THIRD PARTY, RESULTING FROM MY PRESENCE ON THE FACILITIES AND/OR ENGAGEMENT IN
THE CLUB EVENT, WHILE,DURING OR AFTER CONSUMPTION OFALCOHOLOR ILLICITAND/OR STREET DRUGS.
RELEASE OF LIABILITY.
WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the RELEASEES agreeing to my participation in the CLUB EVENT and permitting my use of their services and facilities,
andfor other good and valuable consideration,the receipt and sufficiency of whichisacknowledged,I hereby agree as allows:
In entering into this Release Agreement Iam not relying on any oral or written representation or statements made by the Releasees with respect
to the safety ofparticipatingin ORVing, other than what is set forthinthisReleaseAgreement.
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 MA HAVE
AGAINST THE RELEASEES.
I AM NOT RELYING UPON ANY ORAL OR WRITTEN REPRESENTATIONS OR STATEMENTS MADE BY THE RELEASEES
WITH RESPECT TO THE SAFETY OF THE CLUB AND/OR THE FACILITIES OTHER THAN WHAT IS SET FORTH IN THIS AGREEMENT.
FOR PARTICIPANTS OF MINORITY AGE, I HEREBY CONSENT THAT I, AS PARENT/GUARDIAN WITH LEGAL
RESPONSIBILITY FOR THIS PARTICIPANT OF MINORITY AGE, DO CONSENT AND AGREE, TO HIS/HER RELEASE OF ALL
THE RELEASEES, AND, FOR MYSELF, MY HEIRS ASSIGNS AND NEXT OF KIN, I RELEASE AND AGREE TO INDEMNIFY THE
RELEASEES FROM ANY AND ALL LIABILITIES INCIDENT TO THIS PARTICIPANT OF MINORITY AGE'S PARTICIPATION IN
THEATV CLUB EVENT OR ATTENDANCEAND/OR USE OF THE FACILITIES.
Signature of Guardian if participant is under age of majority
- 1. TO WAIVEANY ANDALLCLAIMS that I have or may in the future have against the RELEASEESAND TO RELEASE THE RELEASEES
from any andall liability for any loss, damage,expense or injury,including death,thatImay suffer or that my next of kin may suffer,as a result
of my participation in a club event, 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, or the Off-Road Vehicle 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 THE CLUB EVENTREFERRED TOABOVE;
- 2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss or personal injury to any
thirdparty resulting frommy participationina CLUB EVENT;
- 3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives,in
the event ofmy 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 withthe laws of the province where the Club Event takes place and no other jurisdiction;and
- 5. Any litigation involving the parties to this Release Agreement shall be brought solely within the province of Ontario and shall be within the
exclusivejurisdictionofthe Courts of Ontario.
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.
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