This is a legal contract. Please read it carefully. If you have a problem, question, or concern of any kind, please email us at info@pmbia.bike or call us at +1 (604) 902 7624 prior to signing it.
By signing this document, I WAIVE AND GIVE UP ALL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR SEEK COMPENSATION FROM PROFESSIONAL MOUNTAIN BIKE INSTRUCTOR ASSOCIATION, NINJA MOUNTAIN BIKE PERFORMANCE and their directors, officers, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, successors and assigns, businesses and legal entities such as (but not limited to) Course Providers, who from time to time perform services on behalf of PMBIA, as well as other Mountain Biking participants (all of whom will be together referred to here as “PMBIA”). In this Agreement "Mountain Biking" means all activities, services, and use of facilities provided, arranged, or hosted by PMBIA, including but not limited to individual and group rides, orientation, instruction, training, evaluation, and certification, use of trails for any purpose, recreational activities undertaken during an event, travel by or use of a bike, and all related or connected events, activities, and services.
A. ACKNOWLEDGMENT OF MY RESPONSIBILITIES
By signing this, I acknowledge that I have been advised to wear an approved helmet and other protective equipment while Mountain Biking, and also advised to comply with all applicable municipal and provincial highway laws and regulations. I am familiar with the proper use of the bicycle, including all quick release mechanisms, brakes, and gear shifters and assert that I have above-average knowledge of said equipment, and mountain biking generally. I agree to remove myself (or encourage others to remove themselves) from participation if I sense or observe any unusual hazard or unsafe condition, or if, at any time, I feel that I or any other person is unable or unfit to safely continue, for any reason. I understand the sole responsibility for my personal safety remains with me, including my physical and emotional preparation and fitness to participate in Mountain Biking. I understand that by signing this waiver I am self-assessing my skill level as competent for the Mountain Biking activities undertaken and that I reasonably believe I am qualified to become a coach, guide, Instructor, or leader of other individuals. I UNDERSTAND THIS AGREEMENT ABSOLVES ANY LIABILITY ON BEHALF OF PMBIA AND NINJA MOUNTAIN BIKE PERFORMANCE INCLUDING THOSE WHO ARE NOT FORMAL PARTIES TO THIS AGREEMENT, and I voluntarily participate in Mountain Biking
B. I UNDERSTAND AND ASSUME THE RISKS
I am aware Mountain Biking involves many inherent risks, dangers, and hazards, including but not limited or related to: exposed rock, earth, ice or other natural objects; trees, holes and depressions on or beneath the trail or surface; variable, difficult, and rapidly changing weather conditions; changes or variations in the terrain which may create blind spots or areas of reduced visibility; man-made and natural obstacles; streams and creeks; cliffs; crevasses; travel on rough or back-country roads; road-banks and cut-banks; impact or collision with other mountain bikes and vehicles, becoming lost or separated from the guides or other participants; mechanical failure of mountain bikes and related equipment; encounters with wildlife, including bears; avalanches; the failure to operate a mountain bike safely or within one's own ability; negligence of other mountain bikers and other persons; AND INATTENTION ON THE PART OF THE PMBIA, A NOT-FOR-PROFIT ORGANIZATION, INCLUDING THE FAILURE BY THE PMBIA TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE. I am aware that communication in the terrain may be difficult, and in the event of an accident rescue, medical treatment, and evacuation may be unavailable or delayed. I AM AWARE OF THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH MOUNTAIN BIKING AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND OTHER OR RELATED LOSS. For total clarity, I understand my Mountain Biking participation is at my sole risk and PMBIA provides Mountain Biking training and certification – and all other items listed in the broad definition of Mountain Biking above – "as is" and "as available" for my use, without warranties or conditions of any kind, express, implied, including all implied warranties or conditions of quality or fitness for a particular purpose.
C. I WAIVE MY LEGAL CLAIMS AND RELEASE PMBIA
In exchange for the PMBIA agreeing to my participation in Mountain Biking and my using activities, services, and facilities provided, arranged, or hosted by PMBIA, including but not limited to: Whistler Bike Park, Town of Whistler, Canmore Nordic Center, or Kananaskis Parks:
i. I AGREE TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the PMBIA and to release the PMBIA 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 Mountain Biking due to any cause whatsoever, including but not limited to related to any pre-existing injury or condition that I may have or the failure on the part of the PMBIA to safeguard or protect me from the risks, dangers, and hazards of participating in Mountain Biking; I agree that to the extent not prohibited by law, in no event will PMBIA be liable for any damages (including incidental, special, indirect, consequential or punitive damages, damages for loss of profits or business interruption), arising out of or related to my Mountain Biking participation;
ii. I AGREE TO HOLD THE PMBIA HARMLESS and indemnify (cover/guarantee/reimburse) the PMBIA for any loss, damage, and liability to a third party for any property damage, personal injury, or other loss directly or indirectly resulting from or related to my participation in Mountain Biking;
iii. I AGREE THIS AGREEMENT IS EFFECTIVE AND BINDING ON MY heirs, next of kin, executors, administrators, and assigns ("Representatives") in the event of my injury, incapacity, or death;
iv. As the PMBIA is headquartered in Vancouver, British Columbia, I agree my rights, duties, and obligations, and any issues arising from the Mountain Biking or this Agreement, shall be governed by and interpreted solely according to the laws of British Columbia and the federal laws of Canada as applicable, regardless of where the Mountain Biking takes place;
v. In the event of any dispute arising out of Mountain Biking or this Agreement, I agree the parties shall first engage in good faith negotiations to resolve the matter. If the dispute does not resolve through these negotiations, the aggrieved party shall refer the dispute to mediation under the International Chamber of Commerce ("ICC") Mediation Rules and the mediation shall be held in Vancouver, British Columbia (with videoconference participation permitted). If the dispute does not resolve pursuant to the ICC Mediation Rules, such dispute shall be resolved with finality through binding arbitration under the Rules of Arbitration of the ICC by one arbitrator appointed in accordance with said Rules. The seat of arbitration shall be Vancouver, British Columbia (with videoconference participation permitted). The language of mediation and arbitration shall be English.
vi. When signing this Agreement, I am not relying on any oral or written representations or statements made by the PMBIA, other than what is written here
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS ENTIRE AGREEMENT PRIOR TO SIGNING IT AND HAVE NO QUESTIONS OR CONCERNS; I AM NOT BEING PRESSURED IN ANY WAY TO PARTICIPATE IN MOUNTAIN BIKING AND I AM NOT UNDER THE INFLUENCE OF ANY DRUG OR ALCOHOL; I AM AWARE THAT BY SIGNING THIS AGREEMENT, I AM WAIVING ALL LEGAL RIGHTS WHICH I OR MY REPRESENTATIVES MAY HAVE AGAINST THE PMBIA.
I hereby declare having read the above and understand and accept the terms and conditions outlined.
