As the name suggests, this ride is cold, damp, bug-infested, with riders constantly staring danger in its eyes. This event is for advanced riders only. The Kraken’s Breath will test the most grizzled of veterans and talented of experts alike. This is a GPS and guided ride with leaders and sweepers. The estimated distance is
Kawartha ATV Association (KATVA) &
Kawartha Off-road Motorcycle Association (KORMA)
RELEASE OF LIABILITY, WAIVER OF CLAIMS,
ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
(Hereinafter referred to as the “Release Agreement”)
BY AGREEING TO THIS DOCUMENT, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS INCLUDING YOUR RIGHTS TO SUE PLEASE READ CAREFULLY!
TO: Kawartha ATV Association and Kawartha Off-road Motorcycle Association and it’s (their) directors, officers, guides, agents, representatives, suppliers, sponsors, successors, insurers, insurance intermediary employees, owners, operators and assigns. (All of whom are hereinafter referred as “the Releasees”)
DEFINITION
In this Release Agreement: the term CLUB EVENT includes, but is not limited to all activities, services and use trails and/or facilities either provided by or arranged by the Releasees, including, but not limited to: orientation sessions; recreational activities undertaken during an event; travel by vehicle; all travel either within or beyond the designated boundaries, including in the backcountry and on logging roads, trails and private lands.
Off Road Vehicles (ORV) in this document refers includes ATV’s, UTV’s, Dirt Bikes, Trail Bikes, and Dune Buggies.
PROTECTIVE EQUIPMENT
I have been advised to wear an approved riding helmet and appropriate protective equipment when operating an ORV. I will wear proper safety equipment at all times, including helmet and other padding whilst riding on ORV trails. Failure to do so involves risk of injury.
LICENSE & REGISTRATION
I have been advised it is mandatory to carry the required license, registration and personal liability insurance as outlined by the Kawartha ATV Association and Kawartha Off-road Motorcycle Association.
ASSUMPTION OF RISKS
I acknowledge that ORVing is an inherently dangerous activity. I am aware that ORVing involves many inherent risks, dangers and hazards, including but not limited to: exposed rock, earth, ice or other natural objects; trees, tree wells, tree stumps, forest deadfall; holes and depressions on or beneath the trail or surface; variable and difficult weather conditions; changes or variations in the terrain which may create blind spots or areas of reduced visibility; streams and creeks; cliffs; crevasses; crossing natural or manmade structures; travel on back-country roads; snow ORV trails, road-banks and cut-banks; impact or collision with other ORV’s and vehicles, becoming lost or separated from the group or other participants; mechanical failure of ORV’s and related equipment; extreme and rapidly changing weather conditions; encounter with wildlife including bears and other animals; the failure to operate an ORV safely or within one’s own ability; negligence of other ORV riders and other persons; AND NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE BY THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE. THIS INCLUDES PARTICIPATION IN ANY TRAINING AND/OR INSTRUCTION GIVEN BY STAFF OF THE CLUB. I am also aware and acknowledge that communication in the wilderness terrain may be difficult, and in the event of an accident, rescue, medical treatment and evacuation may not be available or may be delayed. Wilderness weather conditions may be extreme and can change rapidly and without warning. I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH ATVing 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. I am aware infectious or communicable disease contracted through viruses, COVID, bacteria, parasites and fungi which may be transmitted through direct of indirect contact or the negligence of other persons is also a risk.
ALCOHOL AND ILLEGAL SUBSTANCES. I acknowledge that use and/or consumption of alcohol and all illicit drugs and/or street drugs IS PROHIBITED ON THE vehicles or while riding on club trails. If I use, consume or am under the influence of alcohol or illicit and/or street drugs prior to or while engaging in the CLUB EVENT or while on the Facilities, as defined above, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY THE RELEASEES OR OTHER THIRD PERSONS AND/OR THIRD PARTIES, I ASSUME AND ACCEPT ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM AND WILL INDEMNIFY THE RELEASEES FROM ANY AND ALL LIABILITY FOR ANY DAMAGE TO PROPERTY OR PERSONAL INJURY TO ANY THIRD PARTY, RESULTING FROM MY PRESENCE ON THE FACILITIES AND/OR ENGAGEMENT IN THE CLUB EVENT, WHILE, DURING OR AFTER CONSUMPTION OF ALCOHOL OR ILLICIT AND/OR STREET DRUGS.
In consideration of the RELEASEES agreeing to my participation in the CLUB EVENT and permitting my use of their services and facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as allows:
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 a club event, 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, or the Off-Road Vehicle Act ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE CLUB EVENT REFERRED TO ABOVE;
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in a CLUB EVENT or utilizing the ORV trails and/or facilities;
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 where the Club Event takes place and no other jurisdiction; and
5. Any litigation involving the parties to this Release Agreement shall be brought solely within the province of Ontario and shall be within the exclusive jurisdiction of the Courts of Ontario.
In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in ORVing, other than what is set forth in this Release Agreement.
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 THE RELEASEES.
I AM NOT RELYING UPON ANY ORAL OR WRITTEN REPRESENTATIONS OR STATEMENTS MADE BY THE RELEASEES WITH RESPECT TO THE SAFETY OF THE CLUB EVENT AND/OR THE FACILITIES OTHER THAN WHAT IS SET FORTH IN THIS AGREEMENT.
FOR PARTICIPANTS OF MINORITY AGE, I HEREBY CONSENT THAT I, AS PARENT/GUARDIAN WITH LEGAL RESPONSIBILITY FOR THIS PARTICIPANT OF MINORITY AGE, DO CONSENT AND AGREE, TO HIS/HER RELEASE OF ALL THE RELEASEES, AND, FOR MYSELF, MY HEIRS ASSIGNS AND NEXT OF KIN, I RELEASE AND AGREE TO INDEMNIFY THE RELEASEES FROM ANY AND ALL LIABILITIES INCIDENT TO THIS PARTICIPANT OF MINORITY AGE’S PARTICIPATION IN THE ATV CLUB EVENT OR ATTENDANCE AND/OR USE OF THE FACILITIES.
It is the responsibility of the rider to ensure they are properly licensed and insured and carry proof of license, insurance and owner registration with them along with their temporary pass. Riders must know the rules of the trails and trail access routes, along with proper trail-riding etiquette.
Buy purchasing a temporary pass I signify my agreement to the waiver and terms and conditions above.
