RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS & INDEMNITY AGREEMENT (herein after the “Release Agreement) BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT.PLEASE READ CAREFULLY!
Southern Okanagan Dirt Bike Club (SODBC) and their respective directors, officers, employees, agents, guides, instructors, coaches, volunteers, subcontractors,
sponsors, successors, assigns, representatives, shareholders, affiliates and subsidiaries (all of whom are hereinafter referred to as “the Releasees”).
In this Release Agreement:
(a) the term “Membership” shall include all activities which are organized, conducted or sponsored by the Releasees and shall include, but is not limited to, race style events, trail maintenance work days, trail maintenance scouting days, competitions, demonstrations, public and private gatherings and other such events
ASSUMPTION OF RISKS
I am aware that outdoor recreational trail use, maintenance, management and off-road motorcycle activities involve inherent risks, dangers and hazards including, but not limited to: changing weather conditions; exposed rock, earth, ice, or other natural objects; trees, tree stumps and forest dead fall; the condition
of snow, ice or earth on or beneath the surface; changes or variation in the terrain used for the aforementioned activity; changes or variations in the surfaces being traversed including sub-surface materials, including changes due to man-made or artificial
surfaces; variable and difficult surface conditions; streams, creeks and exposed holes in the surface, streams and creeks, cliffs, impact or collision with natural and man-made structures, fences, spectators, participants, competitors, course officials; and NEGLIGENCE ON THE PART OF THE RELEASES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH PARTICIPATION IN SPECIAL EVENTS. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM. RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releases allowing me to participate in the Southern Okanagan Dirt Bike Club (SODBC), I hereby agree as follows:
- TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE RELEASES, AND TO RELEASE THE RELEASES 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 use of or my presence on the facilities
- 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 RELEASES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH SPECIAL EVENTS REFERRED TO ABOVE;
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASES from any and all liability for any property damage, loss or personal injury to any third party resulting from my participation with the Southern Okanagan Dirt Bike Club (SODBC);
- 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;
- 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; and
- 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. In entering into this Release Agreement I am not relying upon any oral or written representations or statements made by the Releases other than what is set forth in this Release Agreement.
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 RELEASES.