Liability waiver

Caledon Electric Bike Rentals
14386 Creditview Rd., Cheltenham ON L7C 1N5

BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT

NAME:

Caledon eBikes (Caledon eBike Rentals) 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”)

DEFINITION:

In this Release Agreement, the term “Electric 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: Electric biking; Electric bike rental; orientational 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 Electric biking or the rental of Electric biking equipment.

RENTAL AGREEMENT:

I accept full responsibility for the Electric bike equipment rented (“the Equipment”) and agree to pay for any damage to the Equipment and replace the Equipment at full retail value if not returned by the agreed date. I am personally and expressly assuming all risks of riding an Electric bicycle and assume all risks to any riders and  their safety equipment and take full responsibility for any and all injuries to myself, any others, family members, as  well as any and all property damage or other damages stemming from any lawsuit related to my Electric bicycling.

ELECTRIC BIKING SAFETY:

I acknowledge that I have been advised to wear an approved helmet, proper footwear and protective equipment deemed sufficient for protection while participating in this event. I acknowledge that I have been advised to wear a full-face helmet and other protective equipment such as elbow/ forearm and knee/shin armour when free riding or biking downhill. Wearing an approved helmet while Electric biking may be mandatory under provincial law. I am aware that Electric biking is subject to all applicable municipal and provincial highway traffic regulations. I will wear a helmet at all times and also will wear appropriate clothing and shoes for bicycling.

EQUIPMENT USE

I am familiar with the proper use of the Equipment, including all quick release mechanisms, brakes and gear shifters, and I have taken proper instructional lessons prior to its use. Prior to participating in any bicycling activity, I carefully inspected the bicycle and related equipment to be used, and believe they are safe. I will immediately advise a supervisor person and will not ride any bicycle that appears unsafe. I am aware that there are technicians available to answer any questions that I may have as to the proper use of the Equipment. I have made no representations regarding my cycling ability.

ASSUMPTION OF RISKS

I acknowledge and fully understand that I will be engaging in activities that involve risk of injury or death, including medical or hospital bills, permanent or partial disability or death and damages to property, real or personal caused by or resulting from bicycling. I am aware that some of the hazards of Electric bicycling include, but are not limited to, faulty equipment, wheels falling off, tires going flat, faulty brakes, loose handlebars, loose wheel axles, bolts, skewers, loose equipment, hidden bicycle manufacturing and design defects, collisions with other bicyclists, collisions with vehicles, collisions with pedestrians and dangerous defective roads.I am familiar with the surrounding area and will exercise caution when bicycling. I am aware that Electric biking and the rental of Electric 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 Electric 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; failure to travel safely within ones own ability; becoming lost or separated, from ones party; negligence of other participants. Hazardous conditions may occur in the use of the Equipment and may be caused by but not limited to natural forces or people. I acknowledge and accept that I am responsible for predicting whether the terrain used is safe for the use of the Equipment or whether an accident may occur. The terrain where I will use the Equipment may be uncontrolled, unmarked, not inspected and may involve many risks, dangers and hazards. These may include, but are not limited to: attacks by dogs or other animals; trees; falling trees; tree wells; tree stumps; holes and depressions on or below the ground surface; steep slopes; road banks; fences and other man-made structures; impact or collision with other cyclists; wind; lightening; inclement weather; failure to predict weather; unsafe driving; unsafe road conditions; failure to travel within ones ability or within designated areas; human error; failure to forecast or recognize a hazardous situation; negligence of other pedestrians, motorists and/or cyclists and NEGLIGENCE ON THE PART OF THE RELEASEES AND THE MANUFACTURERS AND DISTRIBUTORS AND THEIR STAFF, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF ELECTRIC BIKING AS A RESULT OF MY USE OF THE EQUIPMENT. I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH ELECTRIC BIKING AND THE RENTAL OF ELECTRIC BIKING EQUIPMENT AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM. I nevertheless freely and voluntarily assume all of the aforesaid risks and hazards and my use of the Equipment shall be entirely at my own risk.

FITNESS TO PARTICIPATE:

I state that I am above that age of 18 and that I am in sound physical and mental condition and am able to ride an Electric bike. My eyesight and health are suitable for bicycling. I can make informed, objective decisions, and to the best of my knowledge I have no medical ailments, physical or mental health limitations or disabilities or condition that would hinder or prevent my active participation in this activity or else I understand I assume all risks that may be created, directly or indirectly, by any such conditions. If required, the Participant will obtain a medical examination and clearance.

I am personally and expressly assuming all risks of riding an Electric bicycle and assume all risks to any riders and their safety equipment and take full responsibility for any and all injuries to myself, any others, family members, as well as any and all property damage or other damages stemming from any lawsuit related to my Electric bicycling. I agree to ride on paved or gravel roads and rail trails and understand that the bikes that I’m renting are not designed for off-road trails.

I agree to ride on paved or gravel roads and rail trails and understand that the bikes that I’m renting are not designed for off-road trails.

I am responsible for calling 911 for a medical emergency and knowing where I am located. If I find that the bike is unsafe I will discontinue riding it and call Caledon eBikes for assistance.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT In consideration of the RELEASEES agreeing to rent me Electric 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 in the future have against the RELEASEES AND 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 Electric 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 Electric 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;

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 Electric biking or my use of the Equipment, other than what is set forth in this Release Agreement.

FULL AND FINAL SETTLEMENT: The participant understands that by signing this Agreement, the Participant agrees to be forever prevented from suing  or otherwise claiming against the Activity Provider for any property loss or personal injury that the Participant may  sustain while participating in or preparing for the above noted activity. The Participant has been given the opportunity and has been encouraged to seek independent legal advice prior to  signing this Agreement. This Agreement contains the entire agreement between the parties to this Agreement and the terms of this Agreement  are contractual and not a mere recital. This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario. I CONFIRM THAT I HAVE CAREFULLY READ AND FULLY UNDERSTOOD THIS ENTIRE WAIVER AND  RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY FREELY AND  VOLUNTARILY SIGNING THIS RELEASE AGREEMENT I AM GIVEN UP SUBSTANTIAL LEGAL RIGHTS  WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND  REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES. I READ AND UNDERSTAND THE  ENGLISH LANGUAGE.