WAIVER AND RELEASE OF LIABILITY

and MEDIA CONSENT

PLEASE READ CAREFULLY BY SIGNING THIS DOCUMENT YOU WILL GIVE UP IMPORTANT LEGAL RIGHTS

Trail Building, Maintenance & Edmonton Bike Park Volunteer Activities

(Participants 18 years of age and older)

 

This is a binding legal agreement.

The undersigned Participant (“I”, “me”, “my”) agrees in favour of the Edmonton Mountain Bike Alliance (“EMBA”) and Organization (as defined herein) to the following:

1.  DEFINITIONS

“Trail Day” – Any program, activity, or event organized, sanctioned, or supervised by EMBA that involves:

• trail construction, maintenance, inspection, or operation; and/or

• design, construction, repair, inspection, testing, maintenance, or operation of the Edmonton Bike Park in Queen Elizabeth Park (the “Project Site”).

“Organization” – EMBA; its directors, officers, members, employees, volunteers, participants, participating clubs; agents, sponsors; owners/operators of lands and facilities (including the City of Edmonton and Province of Alberta); and any contractor, subcontractor, consultant, or supplier retained for work related to a Trail Day or the Project Site.

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2.  DISCLAIMER

The Organization is not responsible for any injury, death, damage or loss of any kind suffered by me as Participant or any other person during, or as a result of, any Trail Day, even if caused in whole or in part by or through the negligence, in whole or in part, of the Organization.

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3.  DESCRIPTION OF RISKS

I understand that Trail Day activities involve inherent risks and hazards, including but not limited to the risk of injury from:

• Physical Exertion – strenuous activity, heavy lifting, repetitive motions, cardiovascular stress.

• Terrain & Environment – slippery, steep, uneven, or unstable ground; rocks, roots, debris; exposure to extreme weather (heat, cold,  or storms with effects including heatstroke, sunstroke or hypothermia).

• Vegetation & Wildlife – falling trees/branches; insects, animals, poisonous or irritating plants; associated bites, stings, infections, rashes, allergic reactions.

• Equipment & Tools – misuse, mechanical failure, or malfunction of hand tools, power tools, and personal protective equipment.

• Collisions – contact with other participants, , trail users, machinery, or moving vehicles.

• Travel – vehicle travel to/from Trail Day locations.
   

 Additional Risk Factors Specific to the Edmonton Bike Park

I acknowledge and accept the additional risk inherent in my participation in any Trail Day occurring at the Project Site, which may result from:

• Feature Construction & Testing – design, building, repair, inspection, modification, and/or use of jumps, drops, rollers, berms, wall rides, pump tracks, flow trails, balance features, and similar structures.

• Heavy Machinery & Powered Tools – excavators, skid steers, compactors, chainsaws, plate tampers, generators, and other motorized equipment operating on or near the Project Site.

• Field Conditions – ground disturbance may expose buried debris, uneven subgrade, or legacy contaminants inherent to the former EPCOR wastewater treatment facility.

• Public Interface – potential interactions or collisions with members of the public who may access the Project Site or its or adjacent facilities while Trail Day activities are in progress.

 

Furthermore I am aware and acknowledge:

• That the Trail Day event I am participating in is under the supervision of EMBA notwithstanding the involvement of any other participating club or Organization;

• That my risk of injury is reduced if I follow all rules laid out by EMBA and its authorized Organization;

• That injuries sustained in Trail Day activities can be severeor permanent (e.g., fractures, spinal injuries, paralysis, death);

• That I may come into close contact with other participants, or trail users, including the possibility of accidental and unexpected contact, with the possibility of resulting injury;

• That I may experience anxiety while challenging myself during the activities; and

• That my risk of injury increases as I become fatigued;
   

and that I have had full opportunity to make enquiry as to the nature of any risks that I am undertaking.

4.  RELEASE OF LIABILITY & ASSUMPTION OF RISK

In consideration of being allowed to participate, I:

a) Freely accept and fully assume all risks, dangers, and hazards described above and any others arising from, associated with or related to my participation;

b) Agree to be solely responsible for any injury, loss, or damage I may sustain or cause; and

c) Release, discharge, and hold harmless the Organization from liability for any and all claims, demands, actions, or costs arising out of my participation—even if caused by the negligence of the Organization.

5.  MEDIA CONSENT & RELEASE

I grant the Organization the irrevocable, perpetual, worldwide right to photograph, record, or otherwise capture my image, likeness, or voice during any Trail Day and to use, reproduce, edit, publish, broadcast, or display such media— in whole or in part, and without compensation— for promotional, educational, archival, or other legitimate purposes of EMBA, in any medium now known or later developed.

I waive any right to inspect or approve the finished product or its context and release the Organization from any claims arising out of such use.

6.  GOVERNING LAW & JURISDICTION

This Agreement is governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. Any dispute shall be brought exclusively before a court of competent jurisdiction in Alberta.

7.  ACKNOWLEDGEMENT

I HAVE READ this Agreement, UNDERSTAND its terms, and SIGN VOLUNTARILY. I understand that by signing I am waiving certain legal rights on behalf of myself and my heirs, executors, administrators, and representatives.
 

Participant Name (print)

 

Signature

 

Date

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