To:

Eastern Ontario Trails Alliance and it’s (their) directors, officers, guides, agents, representatives, suppliers, sponsors, successors, insurers, insurance intermediary’s, employees, owners, operators and assigns. (All of who are hereinafter referred as “the Releases”) DEFINITION

In this Release Agreement: the term CLUB EVENT includes, but is not limited to all activates, services and use of facilities ether provided by or arranged by the Releases, 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, Snowmobiles, Dirt/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 participating in a club event. Failure to do so involves risk or injury.

LICENSE & REGISTRATION

I have been advised it is mandatory to carry the required license, registration and personal liability insurance as outlined in the Peterborough County Trails ATV Club.

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 man-made 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 persons; AND NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAULRE BY THE RELEASSES 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 condition may be extreme and can change rapidly 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 HAZZARDS AND THE POSSIBILITY OF PERSONAL INJUSRY, DEATH , PROPERY DAMAGE OR LOSS RESULTING THEREFROM.

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 ENGAGING IN THE CLUB EVENT. 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.

• 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;
• 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.