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Westlake Adventure Sports Inc., PARTICIPANT AND ARBITRATION AGREEMENT, INDEMNIFICATION, GENERAL RELEASE AND ASSUMPTION.
BY SIGNING IT, YOU ARE GIVING UP YOUR AND/OR YOUR SPOUSE AND MINOR’S LEGAL RIGHTS INCLUDING THE RIGHT TO BRING A LAWSUIT IN COURT AND/OR HAVE THE CLAIM DECIDED BY A JURY
You can read the Terms, Safety Rules, and Policies Here.
(1) Although in legal cases involving bike riders and their alcohol consumption they have been classified differently than an automobile driver. WESTLAKE ADVENTURE SPORTS considers any evidence of intoxication above legal limits set by the Highway Traffic Act to render your cycling unsafe and therefore service will be terminated immediately and we will assist you in finding alternative ways home. Un-safe cycling, intoxication above legal Highway Traffic Act levels or disturbances of any kind while using our bikes is strickly prohibited and results in immediate termination of any services engaged in with WESTLAKE ADVENTURE SPORTS Inc.
(2)You are healthy enough to participate, and do not have symptoms of any transmittable disease such as feeling sick, coughing, sneezing, shortness of breath, fever or are not feeling well.
(3) You do not live with or visited a person or family member who has been diagnosed with or suspected of having a transmittable disease;
(4) you understand the site(s) where our activities occur may be on a shared space with other users who do not want to be interacted with, or approached. To achieve this privacy for other property users, your staging or pickup-up location may be different than the one used to return back to the stagging or dropp-off location. Routes may also be loop style and not always out and back.
ADDENDUM TO PARTICIPATION AND ARBITRATION AGREEMENT ADDING WAIVER/RELEASE FOR COMMUNICABLE DISEASES, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT
In consideration of my child or myself being allowed to participate in any or all of the services and activities, including, but not limited to, those set forth in the Participation and Arbitration Agreement and any related events and activities, the undersigned acknowledges, appreciates, and agrees that:
(5) Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,
(6) Participant for myself, and/or on behalf of my spouse, and minor child(ren)/ward(s) KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
(7) agree to comply with the stated and customary terms and conditions for participation with respect to protection against infectious diseases and if I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest management employee immediately; and
(8) that I, as parent/guardian, with legal responsibility for any minor participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against infectious diseases; and,
(9) I, for myself and/or on behalf of my spouse, and minor child(ren)/ward(s) as well as on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Westlake Adventure Sports Inc, its officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, owners, parent companies, affiliated entities and lessors of premises (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
(10). I understand and accept the risks associated with Westlake Adventure Sports electric assist, watersports, and other activities, including the possibility of physical or emotional injury, paralysis, death, and property damage. I understand that this agreement applies not only to use of the electric bicycles, but also all other equipment, and all activities and games at the Westlake Adventure Sports Facility, and associated with Westlake Adventure Sports Inc. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. Specific risks of electric assist sports and other activities include: cuts and bruises, muscle and joint sprains and strains, broken bones, equipment failure, falling off of equipment, participants falling or landing on each other or any surface, tricks, stumbles, and bumps or potholes. Westlake Adventure Sports employees have difficult jobs to perform. They seek to create a safe environment, but they are not perfect. They might be unaware of a participant’s health or abilities. They may give incomplete warnings or instructions. They cannot watch all participants at all times. The equipment being used might malfunction. I VOLUNTARILY ACCEPT AND ASSUME ALL OF THE RISKS ASSOCIATED WITH ELECTRIC MOBILITY, AND ADVENTURE ACTIVITIES AT WESTLAKE ADVENTURE SPORTS AND I CHOOSE TO PARTICIPATE DESPITE THE RISKS.
(11). I acknowledge that, in addition to the risks described above, my participation or my child’s participation in night time activities entails additional and unique risks due to reduced lighting. I understand that the reduced lighting during night time can affect depth perception and visibility and may cause me or my child to fall, slip, misstep, collide with other jumpers, or collide with equipment. I agree, on behalf of myself or my child, to accept and assume all of the risks associated with night time activities and voluntarily agree to participate in them despite the added risks.
(12). If I am signing this Agreement on behalf of my child, I confirm that I have assessed the risks associated with Westlake Adventure Sports activities, in light of the specific abilities and circumstances of my child, and I VOLUNTARILY ALLOW MY CHILD TO PARTICIPATE in Westlake Adventure Sports activities and other activities despite the risks. I therefore agree that if my child is injured during Westlake Adventure Sports activities and other activities, I will accept all responsibility and liability for such injuries.
(13). I confirm that I have read or heard or seen the rules governing my or my child’s participation in Westlake Adventure Sports activities and other activities. I understand that Westlake Adventure Sports rules have been implemented for the safety of all participants, and I have explained the rules to my child. I understand that my or my child’s failure to follow Westlake Adventure Sports rules could result in damage, expense, injury, or death. I acknowledge that my or my child’s failure to follow the rules could result in expulsion from Westlake Adventure Sports.
(14). I agree to GIVE UP MY RIGHT TO SUE WESTLAKE ADVENTURE SPORTS for any damage, expense, physical or emotional injury, paralysis, or death that I or my family or estate may suffer as a result of my participation in Westlake Adventure Sports Electric Mobility and other activities, DUE TO ANY CAUSE WHATSOEVER, including Westlake Adventure Sports negligence, the failure to warn or protect me from risks, breach of contract, breach of any other duty of care, or breach of the Occupiers’ Liability Act, R.S.O. 1990, c. O.2. I agree to waive any and all claims that I have or may have in the future against Westlake Adventure Sports, and to RELEASE WESTLAKE ADVENTURE SPORTS FROM ANY AND ALL LIABILITY for any damage, expense, injury, or death.
(15). I also agree to hold harmless and indemnify Westlake Adventure Sports from any and all liability for any damage, expense, injury or death caused to any third party as a result of my or my child’s participation in Westlake Adventure Sports Electric Mobility and other activities.
(16). I agree that if any portion of this Agreement is found to be void, unenforceable, or inapplicable, the remaining portions shall remain in full force and effect.
(17). If I am signing this Agreement on behalf of a child, I confirm that I am the child’s parent or legal guardian, or that I otherwise have legal authority to sign this Agreement on behalf of the child.
(18). I confirm that I have read or have had sufficient opportunity to read this entire Agreement, have understood the terms of this Agreement, and AGREE TO BE BOUND by the terms of this Agreement.
(19). I agree that In this Agreement, “Westlake Adventure Sports” means Westlake Adventure Sports Inc., and all related companies, affiliates, employees, agents, directors and/or officers.
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