Essential Cycles Waiver

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT

BY AGREEING TO THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT.

PLEASE READ CAREFULLY.
TO: Essential Cycles Ltd and their directors, officers, employees, instructors, coaches, guides, ride leaders, agents, independent contractors, subcontractors, representatives, volunteers, equipment manufacturers, equipment distributors, successors and assigns (all of whom are hereinafter collectively referred to as the "RELEASEES").

DEFINITION OF INSTRUCTION

The term "Instruction" shall include all mountain biking instructional activities, coaching, training, or related services provided, arranged, organized, conducted, sponsored, or authorized by the RELEASEES, including but not limited to camps, clinics, group rides, skills sessions, lessons, guided tours, demonstrations, ascents, descents, travel to and from cycling areas, orientational sessions, and other such activities, events, and services.

ACKNOWLEDGEMENT – BICYCLE SAFETY

I acknowledge that I have been advised to wear a helmet while cycling. I also acknowledge that the use of equipment is subject to all municipal and provincial highway traffic laws. I am familiar with the proper use of my bicycle, including all quick release mechanisms, brakes, and gear shifters. I am aware that the RELEASEES are available to answer questions I may have.

I undertake and agree to remove myself from participation if I sense or observe any unusual hazard or unsafe condition, or if, at any time, I feel unable or unfit to safely continue for any reason. I understand that the sole responsibility for my personal safety remains with me, including my physical and emotional preparation and fitness to participate in any Instruction.

ASSUMPTION OF RISKS

I am aware that participation in Instruction involves many risks, dangers, and hazards including, but not limited to: changing weather conditions; mechanical failure of bicycles; loss of balance; difficulty or inability to control one's speed and direction; variation or changes in the cycling terrain including holes, depressions, loose gravel, rocks, mud, creeks, etc.; impact or collision with structures or objects; impact or collision with pedestrians, motor vehicles, horseback riders, or other cyclists; impact or collision with trees, tree stumps, forest deadfall, rocks, or other natural or manmade objects on or adjacent to the cycling terrain; encounters with wildlife, including bears; travel on highways and back-country roads; becoming lost or separated from the instructors, coaches, or other participants; and negligence on the part of the RELEASEES, including the failure of the RELEASEES to safeguard or protect me from the risks, dangers, and hazards of Instruction. I am also aware that the risks, dangers, and hazards referred to above exist throughout the terrain used for cycling, and many are unmarked.

I am aware of the risks, dangers, and hazards associated with Instruction 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.

RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT

In consideration of the RELEASEES accepting my participation in Instruction, 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 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 I may suffer, or that my next of kin may suffer, as a result of my participation in Instruction, due to any cause whatsoever, including 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. 337, on the part of the RELEASEES, and including the failure on the part of the RELEASEES to safeguard or protect me from accompanying risks or dangers;
  2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in Instruction;
  3. That this Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns, and representatives, in the event of my death;
  4. That this Agreement shall be governed by and interpreted in accordance with the laws of the Province of British Columbia; and
  5. That any litigation involving the parties to this Agreement shall be brought within the Province of British Columbia.

In entering into this Agreement I am not relying on any oral or written representations or statements made by the RELEASEES with respect to the safety of Instruction, other than what is set forth in this Agreement.

I confirm that I have read and understood this Agreement, and I am aware that by agreeing I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators, assigns, and representatives may have against the RELEASEES.

Last updated: January 2026