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 FOR NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF THE OCCUPIERS LIABILITY ACT OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
THIS RELEASE AGREEMENT SHALL APPLY TO ALL FUTURE PARTICIPATION IN EVENT ACTIVITIES
DIRT WIZARDS JUMP PARK ASSOCIATION (DWJPA), THE MUNICIPALITY OF SQUAMISH, FREERIDE MOUNTAIN BIKE ASSOCIATION e.V., DREAM WIZARDS EVENTS Ltd., ARCHER ADVENTURE COMPANY INC./RIDEHUB, HIS MAJESTY THE KING IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, and their respective directors, officers, workers, volunteers, employees, officials, guides, instructors, agents, independent contractors, subcontractors, representatives, successors, assigns, sponsors, promoters, and advertisers involved with any events organized by the Dirt Wizards Jump Park Association or held at the Squamish “Casino” Dirt Jumps, as well as any participants or other organizations, companies, societies, enterprises, associations, or persons directly or indirectly involved in such events (all of whom are hereinafter collectively referred to as the “Releasees”).
DEFINITIONS
In this Release Agreement, “SQUAMISH ‘Casino’ DIRT JUMPS” refers to the dirt jump park where events are held, located at 9001 Valley Drive, Squamish, BC, and commonly known as “Casino Jumps,” and the term “Event Activities” shall include all activities, events, services, use of jumps, pump tracks, trails, roads, or other related services provided, arranged, organized, conducted, sponsored or authorized by the Releasees at the Squamish Dirt Jumps, including but not limited to events, competitions, challenges, races, slopestyle, jump jam, whip-off, pump track, community gatherings, instructional courses, training, coaching, guiding, fundraisers, demonstrations, media activities, and orientations, and any other activities, events or services in any way connected with or related to Event Activities.
SAFETY
Wearing a certified cycling helmet (half-shell at minimum) is mandatory while participating in DWJPA Events involving dirt jumps, whip-off, pump track, FMB events, and any related slopestyle events.
COMPETITIONS
I acknowledge, and if applicable, acknowledge on behalf of a minor under my care, that the risks and hazards of dirt jumping, slopestyle, pump track use, and related activities at the Squamish “Casino” Dirt Jumps increase during DWJPA, FMBA, or other organized events, competitions, challenges, races, instruction or training, due to their competitive nature and the presence of other participants. I freely accept, and if applicable accept on behalf of the minor under my care, all such risks and the possibility of personal injury, death, property damage or loss resulting from these activities. AS A PARTICIPANT OR GUARDIAN, I AGREE THAT IT IS MY RESPONSIBILITY TO KNOW AND ABIDE BY THE RULES AND, WHERE APPLICABLE, TO EXPLAIN THEM TO THE PARTICIPATING MINOR UNDER MY CARE IN A WAY THEY CAN UNDERSTAND.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of THE RELEASEES allowing me or if applicable, the minor in my care, to participate in event activities, as a competitor, official, course marshal, volunteer, event organizer, guest or member of the media and use the services, equipment and facilities provided by the Releasees, 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 participation in Event Activities, 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, R.S.B.C. 1996, c. 337, ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD, PROTECT OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF EVENT ACTIVITIES;
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 Event Activities.
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 of British Columbia and no other jurisdiction.
5. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.
6. Understand and accept that this Release Agreement is binding whether presented in paper form or by digital format with a digital signature.
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 Event Activities, other than what is set forth in this Release Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTAND 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. I ACKNOWLEDGE THAT THIS RELEASE AGREEMENT SHALL APPLY TO ALL FUTURE PARTICIPATION IN EVENT ACTIVITIES.