One Week Trail Pass

TO: Haliburton ATV Association and it’s (their) directors, officers, guides, agents, representatives, suppliers, sponsors, successors, insurers, coverholder, employees, owners, operators and assigns. (All of whom are hereinafter referred as “the Releasees”)

DEFINITION

In this Release Agreement: the term EVENT includes, but is not limited to all activities, services and use of facilities either provided by or arranged by the Releasees, including, but not limited to: orientation sessions; recreational activities undertaken during an EVENT: travel by vehicle; all travel either within or beyond the designated boundaries, including in the backcountry and on logging roads, trails and private lands.

PROTECTIVE EQUIPMENT

I have been advised to wear an approved riding helmet and appropriate protective equipment when operating an ATV/ORV.  I will wear proper safety equipment at all times, including helmet and other padding whilst participating in a club event.  Failure to do so involves risk of injury.

LICENSE & REGISTRATION

I have been advised it is mandatory to carry the required license, registration and personal liability insurance as outlined in the Off-Road Vehicle Act of Ontario. 

ASSUMPTION OF RISKS

I acknowledge that ATVing is an inherently dangerous activity.  I am aware that ATVing involves many inherent risks, dangers and hazards, including but not limited to: exposed rock, earth, ice or other natural objects; trees, tree wells, tree stumps, forest deadfall; holes and depressions on or beneath the trail or surface; variable and difficult weather conditions; changes or variations in the terrain which may create blind spots or areas of reduced visibility; streams and creeks; cliffs; crevasses; crossing natural or manmade structures; travel on back-country roads; snow ATV trails, road-banks and cut-banks; impact or collision with other ATV’s and vehicles, becoming lost or separated from the group or other participants; mechanical failure of ATV’s and related equipment; extreme and rapidly changing weather conditions; encounter with wildlife including bears  and other animals; the failure to operate an ATV/ORV safely or within one's own ability; negligence of other ATV/ORV riders and other persons; AND NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE BY THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE. THIS INCLUDES PARTICIPATION IN ANY TRAINING AND/OR INSTRUCTION GIVEN BY STAFF OF THE CLUB.  I am also aware and acknowledge that communication in the wilderness terrain may be difficult, and in the event of an accident, rescue, medical treatment and evacuation may not be available or may be delayed. Wilderness weather conditions may be extreme and can change rapidly and without warning. I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH ATV/ORV 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.

ALCOHOL AND ILLEGAL SUBSTANCES.  I acknowledge that use and/or consumption of alcohol and all illicit drugs and/or street drugs IS PROHIBITED ON THE vehicles OR WHILE ENGAGING IN THE CLUB EVENT. If I use, consume or am under the influence of alcohol or illicit and/or street drugs prior to or while engaging in the CLUB EVENT or while on the Facilities, as defined above, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY THE RELEASEES OR OTHER THIRD PERSONS AND/OR THIRD PARTIES, I ASSUME AND ACCEPT ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM AND WILL INDEMNIFY THE RELEASEES FROM ANY AND ALL LIABILITY FOR ANY DAMAGE TO PROPERTY OR PERSONAL INJURY TO ANY THIRD PARTY, RESULTING FROM MY PRESENCE ON THE FACILITIES AND/OR ENGAGEMENT IN THE CLUB EVENT, WHILE, DURING OR AFTER CONSUMPTION OF ALCOHOL OR ILLICIT AND/OR STREET DRUGS.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration of the RELEASEES agreeing to my participation in any/the CLUB EVENT and permitting my use of their services and facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as allows:

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 a CLUB EVENT;

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 where the Club Event takes place 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 the Province of Ontario

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 ATV/ORVing, other than what is set forth in this Release Agreement.