FTA TRAIL MAINTENANCE WAIVER MINOR 2022

FTA TRAIL MAINTENANCE WAIVER MINOR 2024

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (“RELEASE AGREEMENT”)

BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLESE READ CAREFULLY!

This Release Agreement shall apply to all subsequent Outdoor Mountain Trail Use.

NAME AND DETAILS FOR MINOR CHILD:

TO: THE FERNIE TRAILS ALLIANCE ASSOCIATION, THE FERNIE TRAILS ALLIANCE, THE FERNIE MOUNTAIN BIKE CLUB, THE FERNIE TRAILS & SKI TOURING CLUB, THE FERNIE NORDIC SOCIETY, STAG LEAP RUNNING CO., AND THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INSTRUCTORS, GUIDES, AGENTS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, SUPPLIERS, HOSTS, VOLUNTEERS, SUCCESSORS AND ASSIGNS (hereinafter referred to as the “Operators”).

AND TO: THE CORPORATION OF THE CITY OF FERNIE, HIS MAJESTY THE KING IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, BRITISH COLUMBIA PARKS, KTUNAXA NATION COUNCIL SOCIETY, KTUNAXA KINBASKET TREATY FINANCINA SOCIETY, RESORTS OF THE CANADIAN ROCKIES INC. (doing business as FERNIE ALPINE RESORT), CANWEL BUILDING MATERIALS CORP., CANWEL TIMBER LTD., EAST KOOTENAY LAND CORP., MONTANE DEVELOPMENTS LTD., PARASTONE DEVELOPMENTS LTD., RIDGEMONT HOLDINGS LTD., CHARLES SHOESMITH, DEBORAH SHOESMITH, SHOESMITH ENTERPRISES LTD., TARAH LEGGOTT, THOMAS LEGGOTT, CINDY MYLREA, BRIAN WHITNEY, KARL EDWARD EHRLER, CHRISTINE FRANCIS JAEGLI, ISLAND LAKE HOLDINGS LTD., ISLAND LAKE RESORT GROUP (2003) INC., THREE BEARS LIMITED PARTNERSHIP (doing business as Island Lake Lodge, Island Lake Catskiing and Mountain Pursuits), 1386860 ALBERTA LTD., CEDARS COMMUNITY DEVELOPMENT INC., GALLOWAY LUMBER COMPANY LTD., AARON SCHMIDT, CRE BRICKERS LP, AND THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INSTRUCTORS, GUIDES, AGENTS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, SUPPLIERS, HOSTS, VOLUNTEERS, SUCCESSORS AND ASSIGNS (the “Property Owners”)

ASSUMPTION OF RISKS – I AM AWARE OF THE RISKS OF VOLUNTEER ACTIVITIES, THE DANGERS AND HAZARDS ASSOCIATED WITH OUTDOOR MOUNTAIN ACTIVITIES, OUTDOOR MOUNTAIN WILDLIFE, WALKING AND HIKING IN MOUTAINOUS TERRAIN, MOUNTAIN BIKING, VOLUNTEER TRAIL BUILDING AND MAINTAINING MOUNTAIN BIKING AND HIKING TRAILS, TOOLS USED IN TRAIL BUILDING AND TRAIL MAINTENANCE (INCLUDING MANUAL AND MOTORIZED TOOLS) AND ANY OTHER ACTIVITIES ASSOCIATED WITH TRAIL BUILDING AND MAINTENANCE (THE “TRAIL MAINTENANCE ACTIVITES”).

IN CONSIDERATION of the Operators and the Property Owners allowing my minor child / ward to participate the Trail Maintenance Activities I WARRANT TO THE OPERATORS AND PROPERTY OWNERS THAT:

I am a parent/guardian having full legal responsibility for decisions regarding my minor child/ward:
I am familiar with the risk of serious injury and death which any participant in the Trail Maintenance Activities in which my child is participating may suffer AND am familiar with all aspects of the Trail Maintenance Activities in which my child is participating;
I believe that my minor child/ward is physically, emotionally and mentally able to participate in the Trail Maintenance Activities and that his/her equipment is mechanically fit for his/her use in the Trail Maintenance Activities;
I understand and will instruct my minor child/ward, that all applicable rules for participation must be followed and that at all times the sole responsibility for personal safety remains with my minor child/ward and/or myself; and,
I will immediately remove my minor child/ward from participation if at any time I sense or observe any unusual hazard or condition or if I feel that my minor child/ward has experienced any deterioration in his/her physical, emotional or mental fitness for continued participation in the Trail Maintenance Activities .

I UNDERSTAND AND AGREE, ON BEHALF OF MY MINOR CHILD/WARD, MYSELF, MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN, THAT MY EXECUTION OF THIS DOCUMENT CONSTITUTES:

An unqualified ASSUMPTION OF ALL RISKS associated with participation in the Trail Maintenance Activities by my minor child/ward, even if arising from negligence, or gross negligence, including any compounding or aggravation of injuries caused by negligent rescue operations or procedures, of the Operators and/or Property Owners;
A FULL AND FINAL RELEASE AND WAIVER OF LIABILITY of the Operators and/or Property Owners (the “RELEASEES”), of and from with respect to all injury, disability, death or loss or damage to person or property whether arising from the negligence, or negligent rescue of or by the foregoing or otherwise;
A COVENANT NOT TO SUE the RELEASEES for any loss, injury, costs or damages of any form or type, however caused or arising from the participation of my minor child/ward in the Event; and,
AN AGREEMENT TO INDEMNIFY the RELEASEES, and each of them, from any litigation expense, legal fees, liability, damage, award or cost, they may incur due to any claim made against them or anyone of them whether the claim is based on the negligence or the gross negligence of the RELEASEES or otherwise.

I consent to the use of my minor child/ward’s name, portrait, picture or photograph by the Operators on any website of Facebook page and any other on-line or print publications used by the Operators.

SIGNED THIS DAY OF

SIGNATURE OF PARENT/GUARDIAN:

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