RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
(hereinafter referred to as 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, SO PLEASE READ CAREFULLY!
NEWSCYCLE LTD. (hereafter referred to as NEWSCYCLE) and collectively 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”).
DEFINITION In this Release Agreement, the term “biking” shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees for the Renter and shall include, but is not limited to, biking; bike rental; orientation and instructional courses, seminars and sessions; travel, transport and accommodation; and other such activities, events and services in any way connected with or related to biking or the rental of biking equipment.
PROHIBITED USE OF THE EQUIPMENT: Renter and/or Renter’s child will not use or permit the Equipment to be used for hire, to be operated in a test, race or contest, or in any location that operation would be illegal or a nuisance to others. Renter and/or Renter’s child will not use or permit the Equipment to be used for an illegal purpose. Renter and/or Renter’s child will not allow anyone other than the person who this waiver was signed by or on behalf of to use the rental equipment for any reason. Renter and/or Renter’s child will not make any modifications or attach any unauthorized accessories to the equipment including but not limited to child seats or carriers, bottle cages or beverage holders of any kind, bells or horns, mirrors, baskets, etc. to the equipment. A violation of this paragraph automatically terminates the rental and makes Renter liable to NEWSCYCLE for any penalties, fines, forfeitures, liens, recovery and storage costs, and any related legal expenses associated with a violation of this paragraph.
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Agree
PROPERTY LEFT ON EQUIPMENT: NEWSCYCLE is not responsible for personal property left on the Equipment. Renter agrees to indemnify NEWSCYCLE in this regard.
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BIKING SAFETY: I acknowledge that I have been advised to wear an approved helmet at all times and am aware that this safety device is available from NEWSCYCLE free of charge. Wearing an approved helmet while biking may be mandatory under provincial law.
Renter and/ or Renter's child agrees to wear an approved helmet at all times.
I AM AWARE THAT THE OPERATION OF A BICYCLE ON A PUBLIC ROADWAY IS SUBJECT TO ALL APPLICABLE MUNICIPAL AND PROVINCIAL HIGHWAY TRAFFIC REGULATIONS, AND THAT RIDING WHILE UNDER THE INFLUENCE OF ALCOHOL AND/OR A CONTROLLED SUBSTANCE IS STRICTLY PROHIBITED.
I understand that I may be charged under the Highway Traffic Act, the Criminal Code of Canada and/or other municipal, provincial and federal statutes, laws and/or regulations and can face fines, suspension of my driver's licence and/or imprisonment if I am found to be in breach of any of these laws. I further agree to be held responsible for any and all fees associated including impounding fees and/or the lost revenue potential at a rate of $100/day if the bike is held as a result of the breach.
I consider myself to be familiar with the proper use of the Equipment, including all quick release mechanisms, brakes and gear shifters. I am aware that there are individuals available to answer any questions that I may have as to the proper use of the Equipment and I will review my questions before I ride.
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I Agree
ASSUMPTION OF RISKS: I am aware and understand that biking and the rental of biking equipment involves many risks, dangers and hazards including, but not limited to: mechanical failure of the equipment, 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; variation or changes in the riding surface including rocks, gravel, cliffs, trees, roots, tree stumps, streams and creeks and manmade structures such as bridges, ladders, berms and jumps; changing weather conditions; exposure to temperature extremes or inclement weather; travel or transport to and from the sites used for biking; travel on highways and backcountry roads; encounters with domestic and wild animals including dogs, rabbits, racoons, deer, etc.; collision with pedestrians, motor vehicles, and cyclists; becoming lost or separated, from ones party; negligence of other participants; and negligence on the part of the releasees, the manufacturers, the distributors and/or their staff, including the failure on the part of the releasees to safeguard or protect me from the risks, dangers and hazards biking as a result of my use of the equipment.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH BIKING AND THE RENTAL OF BIKING EQUIPMENT AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE
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POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS
RESULTING THEREFROM.
RELEASE BY PARENTS/GUARDIANS OF CHILDREN WHO ARE UNDER 18 YEARS
OF AGE: I AM AWARE THAT I AM REQUIRED TO SUPERVISE MY CHILD AT ALL
TIMES WHILE THEY OPERATE A NEWSCYCLE BICYCLE. NEWSCYCLE HAS
MADE ALL EFFORTS TO PROPERLY INSTRUCT MY CHILD AS TO THE SAFE
OPERATION OF THE BICYCLE, BUT I REMAIN AT ALL TIMES RESPONSIBLE
FOR THEIR SAFETY. I UNDERSTAND THAT I WILL BE HELD LIABLE FOR ALL
DAMAGES, LOSSES, INJURIES CAUSED TO PERSONS, PROPERTY BY MY CHILD
WHILE OPERATING A NEWSCYCLE BICYCLE. I UNDERSTAND THAT
NEWSCYCLE WILL NOT BE RESPONSIBLE FOR ANY ACTS ARISING FROM MY
CHILD'S USE AND OPERATION OF THE BICYCLE.
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RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT. In
consideration of the RELEASEES agreeing to rent me biking equipment and permitting my use
of their services, equipment and other facilities, and for other good and valuable consideration,
the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may now, or in the future, against the
RELEASEES, THE EQUIPMENT MANUFACTURERS AND DISTRIBUTORS 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 biking or the use of the Equipment, DUE TO ANY CAUSE WHATSOEVER,
INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF WARRANTY
ON THE PART OF THE RELEASEES IN RESPECT OF THE DESIGN, MANUFACTURE,
SELECTION, INSTALLATION, MAINTENANCE, INSPECTION, SERVICE OR REPAIR OF
THE EQUIPMENT, or in respect of the provision of or the failure to provide any warnings,
directions, instructions or guidance as to the use of the Equipment;
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
biking or my use of the Equipment;
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;
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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 Ontario 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 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 biking or my use of the Equipment, 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.
I CONFIRM THAT I UNDERSTAND THE BIKE'S USAGE AND THE RULES WHICH APPLY TO THIS ACTIVITY.
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I Agree
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