RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION
OF RISKS AND INDEMNITY AGREEMENT for the year of
(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!
I consent to the participation in the activity of Mountain Biking for myself
or in consent of minor listed below, and agree to all of the terms and conditions of this Agreement. By signing this Release of Liability.
TO: Wheels Up LLC, and its (their) directors, officers, employees,
instructors, guides, agents, representatives, independent contractors,
subcontractors, suppliers, sponsors, successors and assigns (all of whom are
hereinafter referred as “the Releasees” ) This Waiver is applicable from
January 1, 2021 to December 31, 2021 for Wheels Up LLC with your
Signing Consent in this Waiver.
In this Release Agreement, the term "Mountain Biking” shall include all
activities, events or services provided, arranged, organized, conducted,
sponsored or authorized by the Releasees and shall include, but is not limited
to: mountain biking; mountain bike rental; orientational and instructional
courses, obstacles, seminars, facilities, and sessions; travel, transport and
accommodation; and other such activities, events and services in any way
connected with or related to mountain biking and international mountain
STATEMENT OF PHYSICAL AND MENTAL FITNESS, INSURANCE
I am in sound physical and mental condition and am able to take part in the
activities provided by Wheels Up LLC. I can make informed, objective
decisions. I am completely and adequately covered by appropriate personal
insurance coverage which may include health, life, loss of property, loss of
income, and liability insurance and if I am not covered I will personally pay
for all such costs which I may incur.
ASSUMPTION OF RISKS
I am aware that I am voluntarily participating and that Mountain Biking
involves many risks, dangers and hazards. The risks, dangers and hazards,
including but not limited to: loss of balance; difficulty or inability to control
one’s speed and direction; variation or steepness in terrain; rapid or
uncontrolled acceleration on hills and inclines; mechanical failure of
equipment; variation or changes in the riding surface including rocks, gravel,
cliffs, trees, roots, tree stumps, streams and creeks; changing weather
conditions; exposure to temperature extremes or inclement weather; travel
or transport to and from the sites used for mountain biking; travel on
highways and backcountry roads; encounters with domestic and wild animals
including dogs, bears and cougars; collision with pedestrians, motor vehicles,
and cyclists; becoming lost or separated, from ones party; drowning from
water-based activities including rafting; negligence of other participants; and
NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON
THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE
RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY,
DEATH, PROPERTY DAMAGE OR LOSS RESULTING OF MOUNTAIN BIKING.
Communication in the remote terrain which is sometimes used for Mountain
Biking is difficult and in the event of an accident, rescue and medical
treatment may not be readily available.
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
Mountain Biking, 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 MOUNTAIN BIKING REFERRED TO ABOVE;
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 participation in Mountain Biking;
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
Mountain Biking 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 Mountain Biking 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 participating in Mountain Biking, 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.
This Waiver is applicable from January 1, 2021 to December 31, 2021 for
Wheels Up LLC with your Signing Consent in this Waiver.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I CONSENT TO THIS WAIVER AND VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.