As consideration for being allowed to participate in the test drive of the vehicle described below I agree to the following:
1. I acknowledge that Ebike activity is a potentially hazardous activity, which can be a test of a person’s physical and mental limits and carries with it the potential for death, serious injury and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of riders equipment, vehicular traffic, actions of other people including, but not limited to sales persons, mechanics, spectators, Georgian Bay Recreation and all of its employees. These risks are not only inherent to riders, but are also present for spectators and employees. I hereby assume all of the risks of participating, and/or viewing in this test drive. I realize that liability may arise from negligence or carelessness on the part of the persons working at or working for Georgian Bay Recreation and hereby release them of all possible liability. I certify I am at least 16 years old and possess valid identification. I promise not to sue and agree to pay all court costs and all attorney fees that result from my action, civil or otherwise.
2. I certify that I am physically fit with no known physical or mental impairment. I acknowledge that this Accident Waiver and Release of Liability form will be used by Georgian Bay Recreation, in which I may test drive a vehicle and that it will govern my actions and responsibilities. I certify that I am not under the influence of any narcotic, alcohol or other drug that may impair my understanding or judgment and that I will not at any time during the ride operate the vehicle under the influence of any narcotic, alcohol or drug. I certify that I have fully adequate insurance to cover all medical claims, the Ebike and any other equipment and any damage or liability I may ultimately be found responsible for, during the test ride.
3. In consideration of my being permitted to test ride, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows: (A) Waive, Release and Discharge from any and all liability for my death, disability, personal injury, property damage, property theft or actions of any kind which may hereafter accrue to me during the ride, THE FOLLOWING ENTITIES OR PERSONS: Georgian Bay Recreation, employees, importers and manufacturers (B) indemnify and Hold Harmless the entities or persons mentioned in this paragraph from any and all liabilities or claims made by other individuals or entities as a result of any of my actions during this ride. Accordingly, I do hereby release and discharge Georgian Bay Recreation, owners, representatives, agents, and its employees from all claims, demands, and causes of action of every kind whatsoever for any death, damages and /or injuries which may result from my participation in this event. This shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
4. I hereby consent to receive medical treatment, which may be deemed advisable in the event of injury, accident and or illnesses during the test ride. I agree to pay for any and all costs related to medical response, treatment and transport on my behalf.
5. I certify I will wear the personal protective equipment while operating this vehicle for this test ride that is or may be required by the Canadian government and/or the province of Ontario and that all required personal protective equipment are in safe operational condition. I agree to abide by the directions/rules given by Georgian Bay Recreation staff and understand that my privilege to ride may be removed if I am in violation of the rules set forth or acting/performing in an unsafe manner or any manner deemed disruptive.
6. I agree to pay for all expenses incurred by Georgian Bay Recreation due to misuse of the vehicle and Georgian Bay Recreation shall be totally free of costs and expense.
7. As additional consideration for being allowed to participate in the test drive described below, I hereby assign to Georgian Bay Recreation any claim I have or might have, in contract or in tort in any way, shape, form or fashion arising out of its action, the actions of other riders or anyone that participates in or comes in contact with participants in the test drive. This assignment is intended by all parties to be a full and complete assignment of any claim I have against Georgian Bay Recreation and/or it’s officers, directors, employees, owners, sponsors, volunteers, representatives and agents may have against entities and individuals listed in this paragraph whether directly or through third parties. The intent of the parties is that Georgian Bay Recreation, officers, directors, employees, owners, sponsors, volunteers, representatives and agents shall be liability free with regard to anything in any way connected with the test ride.
8. I HAVE CAREFULLY READ THIS ENTIRE WAIVER AND RELEASE, I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND DO SO VOLUNTARILY, KNOWINGLY, AND INTELLIGENTLY. I READ AND UNDERSTAND THE ENGLISH LANGUAGE.