ACTIVITIES, PROGRAMS, EVENTS, EQUIPMENT AND PERSONS:

1.  ACTIVITIES, PROGRAMS, EVENTS, EQUIPMENT AND PERSONS COVERED BY THIS RELEASE. This Agreement applies to year-round activities on property of Predator Ridge Resort, on adjacent roadways and trails and/or on any other trails/areas including but not limited to the “Okanagan Rail Trail” and the transport by motor vehicle to said trails, areas and activities.  It includes guided and un-guided bicycle rides and/or bicycle instruction courses, special events, trips, hiking, snowshoeing.  This agreement also applies to the rental, operation, and use of bicycle, helmet, snowshoes, and other equipment included in the agreement (all of which are hereinafter collectively referred to as  “Activities”).  This Agreement applies to and protects the Predator Ridge Resort Ltd., Predator Ridge Resort, Predator Ridge Utility Ltd. and their respective officers, directors, shareholders, employees, agents, independent contractors, subcontractors, representatives, successors and assigns and all instructors, guides, managers, volunteers, sponsors, officials and officers in any way involved or connected with Activities and other participants while involved in Activities (all of whom are hereinafter collectively referred to as the “Releasees”).  

2.  STATEMENT OF RISKS. There are significant elements of risk in any sport or activity associated with the outdoors and activities incidental thereto. Certain risks cannot be eliminated without destroying the unique character of the activity. The same elements that contribute to the unique character of the activity can be causes of loss or damage to equipment and property, cause accidental injury, illness or, in extreme cases, death.

3.  ACKNOWLEDGMENT OF RISKS. The undersigned instructor, guide, rider or participant (as applicable, herein referred to as the “Participant”) is aware and acknowledges that THE ACTIVITIES MAY BE UNSUPERVISED AND ARE NOT WITHOUT RISK and that partaking in Activities involves VARIOUS RISKS, DANGERS AND HAZARDS INCLUDING, BUT NOT LIMITED TO: (a) collision with any of the following: other participants, the bicycle which the Participant is riding, other bicycles, joggers, walkers, dogs, motor vehicles, golf carts and man-made or natural objects; (b) unpredictable and hazardous ground, water or weather conditions, including strong winds, lightning, severe storms; hazards (on, above and below ground level including road and trail hazards) may not be marked or visible and weather is unpredictable year round; trails, ground and terrain being in a natural state and condition (including holes, depressions, mud, creeks, bumps, berms, jumps, wet and/or loose gravel, rocks and dirt) or otherwise not inspected for hazards, traps and dangerous conditions; (c) the Participant’s sense of balance, physical co-ordination, ability to operate equipment; the Participant becoming excited or panicking and thereby causing an accident; (d) getting on and off of the bicycle and falling off of the bicycle; (e) travel, including travel to and from the Activities; (f) the presence of insects, snakes and other wildlife; (g) equipment failure or operator error as well as equipment that is misused, that can break, fail or malfunction, or that can fall off or break loose; (h) heat or sun related injuries; (i) reaction time; (j) limited medical help due to the remote area where the Activities take place and which can cause potential delays or difficulties with communication, transportation, evacuation and medical care; (k) negligence on the part of the Releasees, which includes failure by the Releasees to take reasonable steps to safeguard or protect the Participant from injury or from the risks, dangers and hazards of partaking in Activities and the Participant becoming lost or separated from any guide, instructor or other participants; (l) breach of contract or breach of statutory duty of care on the part of the Releasees; (m) misjudgments and careless or even reckless conduct of other bicycle operators and others; (n) improper use of the bicycle (including failure to regulate speed) and/or failure to understand how to use the bicycle as well as not paying attention to or misunderstanding any rules including not remaining on any designated trail or path; and (o) the Participant’s failure to accurately assess his/her ability level for the activity engaged in and not exercising extreme caution while operating their bicycle on slopes and steep inclines.

The Participant’s partaking in the Activities is purely voluntary. No one is forcing the Participant to partake. The Participant understands that it is the Participant’s responsibility to learn about and understand the risks, dangers and hazards of participating in the Activities, that the Participant should not participate in the Activities unless the Participant is physically, mentally and medically able and that the Participant may contact the Predator Ridge Resort if the Participant requires more information on this. The Participant acknowledges that: (i) it remains the Participant’s sole responsibility to act in such a manner as to be responsible for the Participant’s own safety (and that of his/her guests, agents and invitees) and participate within the Participant’s own limits; and (ii) wearing a helmet does not guarantee the safety of the Participant.

The bicycle, helmet and related accessories and the gear, equipment and other property of the Participant and his/her agents, guests and invitees stored or located on Predator Ridge Resort Facilities shall be solely at the Participant’s risk and the Releasees shall not be responsible under any circumstances for any loss or damage caused thereto, whether caused by negligence of the Releasees or acts of third parties or otherwise.

THE PARTICIPANT IS AWARE THAT THE ACTIVITIES, INCLUDING THE RENTAL OF THE EQUIPMENT, MAY ENTAIL RISKS OF DAMAGE TO PROPERTY, INJURY OR DEATH. THE PARTICIPANT UNDERSTANDS THE DESCRIPTION OF THESE RISKS IS NOT COMPLETE AND THAT UNKNOWN OR UNANTICIPATED RISKS MAY RESULT IN DAMAGE TO PROPERTY, ILLNESS, INJURY OR DEATH AS A RESULT OF THE PARTICIPANT’S PARTAKING IN THE ACTIVITIES.

4.  EXPRESS ASSUMPTION OF RISKS AND RESPONSIBILITY. The Participant FREELY ACCEPTS AND FULLY ASSUMES RESPONSIBILITY FOR ALL RISKS, DANGERS AND HAZARDS INCLUDING THE POSSIBILITY OF PERSONAL INJURY (including, but not limited to, sprains, torn muscles and/or ligaments, fractured or broken bones, eye damage, cuts, wounds, scrapes, abrasions and/or contusions, dehydration, and/or head, neck and/or spinal injuries, bite or attack by animals, insects, snakes or rodents, allergic reaction, shock, paralysis), ACCIDENT, ILLNESS, DEATH OR PROPERTY DAMAGE OR LOSS AND EXPENSES RESULTING THEREFROM, to themselves or others, resulting from any cause whatsoever in connection with partaking in the Activities including those risks not specifically identified.

THE PARTICIPANT ELECTS TO PARTAKE IN THE ACTIVITIES IN SPITE OF THE RISKS.

5.  RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY. In consideration of the Releasees permitting the Participant’s partaking in the Activities and permitting the Participant’s use of the Facilities now or in the future, the Participant, for himself/herself and any minor children for whom the Participant is the parent, legal guardian or otherwise responsible, and their respective heirs, personal representatives and assigns, hereby agree as follows:

(a) TO WAIVE ANY AND ALL CLAIMS that the Participant has or may in the future have against the Releasees arising out of any aspect of the Participant’s partaking in the Activities and TO RELEASE THE RELEASEES FROM ANY AND ALL LIABILITY for any loss, damage, expense or injury including death that the Participant may suffer or that the Participant’s next of kin may suffer during the Participant’s partaking in the Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ACTS, OMMISSIONS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, AS WELL AS ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT ON THE PART OF THE RELEASEES AND ALSO INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT THE PARTICIPANT FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE;

(b) TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability and for all claims of damage to property, for injury or death and for all expenses, costs, losses, claims, actions, damages or liabilities including, without limitation:

(i) the aggregate amount paid in settlement of any actions, suits, proceedings or claims, and the fees and expenses of legal counsel and other related expenses, that may be incurred in investigating or advising with respect to, and or defending any action, suit, proceeding or claim that may be made against the Releasees, whether or not resulting in liability, to which the Releasees may become subject to or otherwise involved in any capacity under any statute or common law or otherwise; and
(ii) any special, incidental or consequential damages of any kind whether based upon breach of warranty, breach of contract, negligence, strict liability or otherwise; such aforesaid damages include, but are not limited to, loss of profits, loss of revenue, loss of use of any associated equipment, cost of capital, cost of labour, cost of substitute or replacement equipment, facilities or services, down time and claims of third parties,

and so far as such expenses, costs, losses, claims, actions, damages or liabilities arise out of or relate to, directly or indirectly:

(A)the Participant’s partaking in the Activities including, without limitation, the use by the Participant, his/her agents, guests and invitees, of the Facilities; and
(B) damage to the bicycle, helmet and related accessories or to the gear, equipment or other property of the Participant or of his/her agents, guests and invitees stored or located at or near the Facilities; and
(C) claims of any person using the Facilities at the invitation, express or implied, of the Participant; and
(D) loss or damage to or disfigurement of the Facilities howsoever caused, whether by the Participant or by his/her agents, guests or invitees, whether by negligence or otherwise.

6.  Compliance with Laws. The Participant shall (and the Participant shall ensure that his/her agents, guests or invitees shall) promptly comply with all applicable Federal, Provincial and local laws, regulations and bylaws including, without limitation, the legal requirements of all authorities and all posted rules, regulations and orders of Predator Ridge Resort with regard to conduct. Predator Ridge Resort may from time to time post rules and regulations relating to the use of the Facilities and conduct within the area of the Facilities and such rules and regulations shall, upon posting, become a part of this Agreement. In the event of any conflict between the rules and regulations and this Agreement, this Agreement takes precedence

7.  Emergency Action/Repairs. The Participant hereby authorizes any medical treatment necessary in the event of any injury the Participant may incur while partaking in the Activities. The Participant agrees that should Predator Ridge Resort undertake or attempt any assistance to the Participant, that such action or conduct shall be without prejudice to the rights of Predator Ridge Resort and the Participant specifically releases Predator Ridge Resort from all or any claims which may hereafter arise therefrom or relate thereto. Predator Ridge Resort may charge the Participant for any emergency service required to be provided to the Participant or equipment. The Participant acknowledges and agrees that breakdowns and failures of bicycles and equipment are sometimes unforeseen and any such interruption will be dealt with as quickly as possible. Predator Ridge Resort is not responsible to refund or adjust the Rental Charges for any such delays or interruptions.

8.  Enurement. This Agreement shall enure to the benefit of, and be binding upon, the parties hereto and their respective heirs, executors, administrators and permitted assigns. Any release, indemnity or waiver given under this Agreement in favour of Predator Ridge Resort shall be deemed to extend to, and be for the benefit of, the Releasees.

9.  Survival. Any and all releases and indemnities granted by the Participant in favour of Predator Ridge Resort and the Releasees pursuant to this Agreement survive the expiration or earlier termination of this Agreement. The Participant acknowledges having received good and valuable consideration with respect to the releases and indemnities hereby given to Predator Ridge Resort and to the Releasees. No remedy conferred under or reserved to Predator Ridge Resort is exclusive of any other remedy herein or provided by law, but such remedy shall be cumulative and shall be in addition to any other remedy herein or hereafter existing at law, in equity or by statute.

10.  Interpretation. Where required, the singular number shall be deemed to include the plural and the neuter gender shall be deemed to include the masculine, feminine or body corporate as the context shall require. Where there is more than one Participant who signs this Agreement, they shall be jointly and severally bound to the fulfilment of their obligations hereunder. If for any reason any provision of this Agreement, other than any provision which is of fundamental importance to the arrangement between the parties, is to any extent held or rendered invalid or unenforceable, then the particular provision shall be deemed to be independent of and severed from the remainder of this Agreement and all the other provisions of this Agreement shall nevertheless continue in full force and effect. The headings to the sections in this Agreement have been inserted as a matter of convenience and for reference only and in no way define, limit or enlarge the scope or meaning of this Agreement or any provision of it. All provisions of this Agreement are to be construed as covenants and agreements as though the words importing covenants and agreements were used in each separate paragraph. Time is of the essence of this Agreement.

11.  Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous understandings and agreements, whether written or oral, with respect to such subject matter. No terms contained on any proposal, acknowledgement or other document will be effective with respect to amending, supplementing or superceding the terms hereof, which shall in all respects govern and control. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PARTICIPANT CONFIRMS THAT IN ENTERING INTO THIS AGREEMENT  THE PARTICIPANT IS NOT RELYING ON ANY ORAL OR WRITTEN REPRESENTATIONS OR STATEMENTS MADE BY THE RELEASEES WITH RESPECT TO THE ACTIVITIES OTHER THAN WHAT IS SET FORTH IN THIS AGREEMENT. This Agreement may only be waived, modified or amended in a written document, signed by all parties hereto, which clearly identifies itself as an amendment hereof.

12.  Personal Information. The Participant hereby consents to the collection, use and disclosure by Predator Ridge Resort and by the Releasees of personal information about the Participant for all purposes consistent with the transaction contemplated herein and to inform the Participant of upcoming activities and events at the Facilities as well as real estate developments at Predator Ridge. Predator Ridge Resort is committed to the protection of your privacy. This information is never sold to outside parties and is only used by Predator Ridge Resort, the Releasees and our affiliates and any duly authorized agents and employees. If you have any questions or further details on our privacy policies please do not hesitate to contact our privacy officer or email                               

13.  Interest. Rental Charges paid under this Agreement are not refundable nor transferable. Interest charges at a rate of 1½% per month (19.56% per annum) shall accrue, both before and after default and judgment, on all amounts and Rental Charges due to Predator Ridge Resort hereunder not paid when due and the Rider hereby agrees to pay such interest charges until all such amounts and Rental Charges, as applicable, are fully paid. The acceptance of any interest payment shall not be construed as a waiver by the Predator Ridge Resort of its rights in respect of the default giving rise to such payment and shall be without prejudice to Predator Ridge Resort right to terminate this Agreement in respect of such default or to pursue Predator Ridge Resort other rights and remedies hereunder, at law or in equity. The Rider shall also pay all enforcement or collection costs and expenses (including, without limitation, all legal costs on a solicitor and own client basis) that Predator Ridge Resort incurs to collect all amounts not paid when due including any accrued interest.

14.  Termination without Cause. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, PREDATOR RIDGE RESORT HAS THE ABSOLUTE RIGHT TO REVOKE, TERMINATE OR CANCEL THIS AGREEMENT AT ANY TIME, WITHOUT CAUSE OR REASON, AND THE RIDER SHALL IMMEDIATELY DELIVER UP POSSESSION OF THE BICYCLE, HELMET AND RELATED ACCESSORIES TO PREDATOR RIDGE RESORT, UPON NOTICE DELIVERED TO THE RIDER WHETHER VERBAL OR WRITTEN. Predator Ridge Resort shall be entitled to, at its discretion, retain any balance of Rental Charges or other amounts prepaid by the Rider to Predator Ridge Resort not as a penalty but as ascertained and liquidated damages without prejudice to Predator Ridge Resort other remedies. The Rider shall not be entitled to compensation for any loss or injurious affection or disturbance resulting in any way  from the termination of this Agreement.

15.  Governing Law. The Participant and Predator Ridge Resort acknowledge and agree that this Agreement is conclusively deemed to be a contract made under the laws of the Province of British Columbia and for all purposes is to be governed by, and construed and enforced in accordance with, the laws of the Province of British Columbia without regard to principles of conflicts of law that would impose a law of another jurisdiction. Any and all disputes arising under this Agreement, whether as to interpretation, performance or otherwise, shall be subject to the exclusive jurisdiction of the courts of the Province of British Columbia. The parties hereby consent to and irrevocably and unconditionally attorn to the exclusive jurisdiction of the courts of the Province of British Columbia and all courts competent to hear appeals therefrom.

BIKE OR EQUIPMENT RENTAL:

NOW THEREFORE, IN CONSIDERATION OF THE RENTAL CHARGES AND IN CONSIDERATION OF THE PREMISES AND OF THE COVENANTS AND AGREEMENTS HEREINAFTER CONTAINED IN THIS RENTAL

AGREEMENT, the receipt and sufficiency of which are hereby acknowledged, the parties HERETO COVENANT AND AGREE each with the other as follows:

1.  Grant of Temporary Rental License. Subject to the strict performance and observance by the Rider of the terms, conditions, covenants and agreements contained in this Agreement, the Rider’s rental of a bicycle as described above (the “Bicycle”) from Predator Ridge Limited Partnership (Predator Ridge Resort) is for the purpose of operating and riding the Bicycle on property of the Predator Ridge Resort, on adjacent roadways and trails and/or on the trail commonly known as the “Okanagan Rail Trail”, as indicated on the first page, and for no other purpose and only on the date above indicated. If the Rider continues to retain the Bicycle beyond the allotted time on the date indicated or after the Rider’s right to use the Bicycle has expired or has been terminated, then such retention shall be deemed to be an additional rental of the Bicycle at the same rental rate and subject to the same terms and conditions as set out in this Agreement without limiting Predator Ridge Resort other rights hereunder, at law or in equity. The Rider agrees to keep the Bicycle in his/her custody and not to sublease or re-rent the Bicycle.

2.  Rental Charges. In consideration of the right to use the Bicycle, the Rider shall irrevocably pay to Predator Ridge Resort, concurrently with the Rider’s execution of this Agreement, the Rental Charges in full in Canadian funds but without limiting the right of Predator Ridge Resort to recover any and all other amounts due and owing by the Rider pursuant to this Agreement.

3.  As is, Where is/Inspection. The Rider: (i) has examined the Bicycle, its features and safety equipment as well as any helmet and related accessories which the Rider is renting from Predator Ridge Resort; (ii) finds the Bicycle, helmet and related accessories satisfactory for his/her purposes; (iii) rents the Bicycle, helmet and related accessories “as is, where is”; and (iv) acknowledges receiving the Bicycle, helmet and related accessories in good order and repair. PREDATOR RIDGE RESORT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING ANY CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE BICYCLE, HELMET AND RELATED ACCESSORIES. The Rider agrees to keep the Bicycle, helmet and related accessories in the same condition they were in when the Rider received them from the Predator Ridge Resort. The Bicycle shall not be modified in any way by the Rider. If the Bicycle is damaged, modified, tampered with or altered in any way the Rider shall pay for all damages and cost (including due to loss of use) to restore the Bicycle to the condition it was in at the time this Agreement was entered into. For greater certainty, but without limiting the foregoing, Bicycle parts which are broken, bent, cracked or in any way altered will be replaced by Predator Ridge Resort with new ones at the cost of the Rider. Charges for said parts shall include cost of the parts, labor, freight and taxes.

4.  Conduct. The Rider and his/her agents, guests or invitees, shall conduct themselves in a manner consistent with the safety of Predator Ridge Resort facilities, premises and property (the “Facilities”) located at Predator Ridge, Vernon, B.C. and the quiet enjoyment of others that will not disturb the peaceful enjoyment by others of Predator Ridge Resort Facilities or otherwise annoy, obstruct or interfere with the rights of other users of Predator Ridge Resort Facilities, nor create any nuisance. The Bicycle, helmet and related accessories are not to be removed from Predator Ridge Resort Facilities without Predator Ridge Resort prior consent and are to be promptly returned to Predator Ridge Resort after use. ONLY THE RIDER SIGNING THIS AGREEMENT IS ALLOWED TO OPERATE THE BICYCLE. OPERATION OF THE BICYCLE AFTER CONSUMMING ALCOHOL OR DRUGS IS PROHIBITED. 

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE PLEASE READ CAREFULLY! SIGNATURE OF RIDER (OR PARENT/GUARDIAN)]