RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
(hereinafter referred to as the "Release Agreement')

BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT OR IF YOU CONTRACT COVID-19 OR ANY OTHER INFECTIOUS DISEASE PLEASE READ CAREFULLY

ELEVATION OUTDOORS and COMMUNITY RECREATIONAL INITIATIVES SOCIETY jointly dba KELOWNA BIKE RENTALS and its directors, offices, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, supplies, sponsors, successors, and assigns (all of whom are hereafter referred as "KELOWNA BIKE RENTALS")

DEFINITIONS
1. "Cycling" means all activities, trips, tours, rides, events and services organized, provided, arranged, conducted, sponsored, promoted or authorized by KELOWNA BIKE RENTALS and shall include, but is not limited to riding, racing or rental of a bicycle, unicycle, tricycle or tandem bike, e-bike or other standard and adaptive equipment; orientational and instructional courses, seminar and sessions; and other such activities and services.
2. "Equipment" means bicycles, helmets and other equipment as agreed to be rented by and from KELOWNA BIKE RENTALS.
 
RENTAL AGREEMENT
I accept use of the Equipment, AS IS, clean and in good condition, and accept full responsibility for care of the equipment while under my possession. Renters are encouraged to check their bike and equipment and raise any concerns before starting their ride. If the bike becomes dirty during a rental period, customers are requested not to clean the bike themselves to prevent damage.

Condition of Bicycles and Equipment
I agree to operate the Equipment in a safe and prudent fashion. I have inspected the Equipment and confirm that it has been provided to me in a clean, safe and usable condition, and I agree that I will return it to KELOWNA BIKE RENTALS in the same condition it was provided to me, subject to reasonable wear and tear. Reasonable wear and tear does not include broken spokes. rims, bent rims, damaged frames, handlebars, seats or other parts from misuse and/or crashes. If I damage the Equipment, I agree to pay KELOWNA BIKE RENTALS costs to repair or replace the Equipment, which will be done at KELOWNA BIKE RENTALS' discretion, and agree to pay KELOWNA BIKE RENTALS costs to replace parts, and to pay their current rates for repair, which can be provided within 72 hours of my request, based on the assessment from KELOWNA BIKE RENTALS mechanic.

Late Returns
Late returns are subject to rental rates for the additional time above the period agreed upon at the time of rental, in half day increments.

Lost or Stolen Bicycles or Equipment
KELOWNA BIKE RENTALS suggests that I should obtain insurance coverage for the property rented and will reimburse KELOWNA BIKE RENTALS in the event of loss or damage to the rented property. I am responsible for using care in choosing a safe place to secure the bike when not in use during the rental period. Bicycles or Equipment which are lost or stolen while under a rental agreement will be replaced at KELOWNA BIKE RENTALS discretion at retail prices. I will be notified of the replacement costs within 48 hours of the report of the theft and provided a cost estimate before charging replacement costs to their credit card.

SAFETY
I have been advised to wear an approved helmet while Cycling, and to comply with all applicable municipal and provincial highway laws and regulations. I am familiar with the proper use of the Equipment, including all quick release mechanisms, brakes and gear shifters. I am aware that there are technicians available to answer any questions that I may have as to the proper use of the Equipment.

ASSUMPTION OF RISKS
I understand and accept that renting this Equipment and participating in Cycling involves many risks, dangers and hazards including. but not limited to: changing weather conditions; mechanical failure of the Equipment; loss of balance; difficulty or inability to control one's speed and direction; variation or changes in the cycling surface including slippery surfaces, holes, depressions, loose gravel, etc.; impact or collision with pedestrians, motor vehicles or other cyclists; encounters with domestic or wild animals; failing to cycle safely or within one's own ability; and NEGLIGENCE ON THE PART OF THE KELOWNA BIKE RENTALS, INCLUDING THE FAILURE OF THE KELOWNA BIKE RENTALS TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF CYCLING OR USE OF THE EQUIPMENT.
I also understand that I should be in good physical health to participate in bicycling, and I confirm that I have no significant health issues that prevent me from participating in bicycling, nor have I been diagnosed with a condition that prevents me from bicycling.
IN SPITE OF THE AFOREMENTIONED RISKS AND ACKNOWLEDGMENTS, I HEREBY FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the KELOWNA BIKE RENTALS agreeing to my participation in Cycling, renting the 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 have or may in the future AND TO RELEASE KELOWNA BIKE RENTALS and its affiliates, officers, agents, and employees from any and al 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 Cycling, renting, or use of the Equipment, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF WARRANTY ON THE PART OF THE KELOWNA BIKE RENTALS 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 KELOWNA BIKE RENTALS for any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in Cycling or use of the Equipment, and against any costs they may occur in investigation and defending such claims, including their legal costs, on a solicitor and client basis;
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 British Columbia and no other jurisdiction; and
5. Any litigation involving the parties to this Release Agreement shall be brought solely within the province or territory where the Cycling takes place and shall be within the exclusive jurisdiction of the Courts of the province of British Columbia.

COVID-19 & OTHER INFECTIOUS DISEASE
By signing this document, I acknowledge that KELOWNA BIKE RENTALS is following the recommendations of federal and provincial governments and public health authorities for all current public health orders.
I do hereby freely, voluntarily, and without duress agree to assume the risk that I may be exposed to or become infected by COVID- 19 or any other infectious disease by attending a KELOWNA BIKE RENTALS program, and further acknowledge that such an exposure or infection could lead to injury, illness, disability (including permanent disability and/or death I am also aware that the risks, dangers, and hazards referred to above exist through the entire duration of programs, and that participants may remain asymptomatic for an extended period of time after participating in KELOWNA BIKE RENTALS programs, even though participants may have come into contact with the COVID-19 virus or any other infectious disease, and they may be contagious. I acknowledge the inherent risk of exposure or infection by COVID-19 or any other infectious diseases during or surrounding participation in a KELOWNA BIKE RENTALS program may occur due to the actions, omissions, or negligence of myself or others, including. but not limited to, KELOWNA BIKE RENTALS owners, directors, officers, employees, volunteers, agents, representatives, coaches, instructors, guides/tail- guides, trip leaders, team leaders, contractors, subcontractors, sponsors, funders, facilitators, successors and assigns, and host locations (the "Releasees").
I understand that this includes negligence, breach of contract, or breach of any statutory or other duty of care including any duty of care owed under the Occupiers Liability Act, R.S.B.C. 1996, C.337on the part of the Releasees to take reasonable steps to safeguard or protect me from the risks, dangers, and hazards of COVID-19 or any other infectious disease. I freely accept and fully assume all such risks, dangers and hazards, and the possibility of injury, illness, disability, and death related to COVID-19 or any other infectious disease exposure or infection.

I hereby freely, voluntarily, and without duress agree TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that may suffer or that my next of kin may suffer, related to COVID-19 or any other infectious disease exposure or infection before, during. or after participation in KELOWNA BIKE RENTALS activities. I further agree to hold harmless and indemnify the Releasees from any and all liability for any personal injury to any third party resulting from my participation in KELOWNA BIKE RENTALS activities and possible COVID-19 or any other infectious disease exposure or infection. This Agreement shall be effective and binding upon my/our heirs, next of kin, executors, administrators, assigns, and representatives in the event of my/our death or incapacity.
I represent that:
1. I have not been diagnosed with COVID-19 (or, if I have been diagnosed, I have been informed by a physician that have fully recovered and further that have not experienced any additional symptoms in the last 21 days) or any other infectious disease.
2. I will follow the directions and instructions of related to the use of personal protective equipment and other COVID-19 or any other infectious disease safety measures during my participation in KELOWNA BIKE RENTALS activities.
In entering into this Release Agreement, I am not relying on any oral or written representations or statements made by the KELOWNA BIKE RENTALS with respect to the safety of Cycling, other than what is set forth in this Release Agreement and am aware of the risks of COVID-19 or any other infectious disease.

I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST KELOWNA BIKE RENTALS