Release of Liability, Waiver of Claims and Assumption of Risks

BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION. PLEASE READ CAREFULLY!

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In consideration of ONTARIO QUAD SAFETY COUNCIL, a not-for-profit corporation and registered charity incorporated under the laws of Ontario (the “Organization”) permitting the individual named below as participant (“the Participant”), being either me or my minor child or ward (“I” or “me”), to participate in the online training courses providing educational information relating to the use and operation of an all-terrain vehicle (“ATV”), including but not limited to safety guidelines and regulations (the “Courses”), and for other good and valuable consideration, I agree to all the terms and conditions set forth in this agreement (this “Agreement”).

I UNDERSTAND AND ACKNOWLEDGE THAT

  • (i) THE COURSES ARE DESIGNED AND INTENDED TO STRENGTHEN MY KNOWLEDGE AND UNDERSTANDING OF SAFE AND PROPER OPERATION OF AN ATV AND ARE NOT A LEARN-TO-DRIVE COURSE NOR A SUBSTITUTE THEREOF;

  • (ii) THE COURSES ARE NOT A SUBSTITUTE FOR PRACTICAL, HANDS-ON TRAINING AND/OR EXPERIENCE; AND

  • (iii) THE PARTICIPATION IN THE COURSES DOES NOT GUARANTEE THE PARTICIPANT’S COMPETENCE IN OPERATING AN ATV SOLELY BASED ON THE COMPLETION OF THE COURSES. I AM AWARE AND UNDERSTAND THAT THE USE AND OPERATION OF AN ATV INVOLVES MANY RISKS, DANGERS, AND HAZARDS, INCLUDING, BUT NOT LIMITED TO, SERIOUS INJURY, DEATH, AND/OR PROPERTY DAMAGE. IF I AM USING OR OPERATING AN ATV, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH THE USE AND OPERATION OF AN ATV AND THE POSSIBILITY OF INJURY, DEATH, AND/OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE, INTENTIONAL ACTS AND/OR OMISSIONS OF THE ORGANIZATION, OR OTHERWISE.


Waiver and Release. I hereby expressly waive and release any and all claims which I have or may in the future have against the Organization, its affiliates, and their respective directors, officers, employees, agents, representatives, members, successors and assigns (collectively, “Releasees”), on account of injury, death or property damage arising out of or attributable to my participation in the Courses, due to any cause whatsoever, including without limitation the negligence, intentional act and/or omissions of the Organization or any other Releasee, breach of contract, or breach of any statutory or other duty of care or otherwise. I covenant not to make or bring any such claim against the Organization or any other Releasee, and forever release and discharge the Organization and all other Releasees from liability under such claims.
Indemnity. I shall defend, indemnify and hold harmless the Organization and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable legal fees, in connection with any third-party claim, suit, action or proceeding arising out of or resulting from the participant’s participation in the Courses.
Entire Agreement. This Agreement constitutes the entire agreement of the Organization and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is held to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Binding Agreement. This Agreement is binding on and shall enure to the benefit of me and my heirs and next-of-kin, and the Organization and its successors and assigns.

Parent and Legal Guardian Authorization. If I am the parent or legal guardian of the Participant, I understand that I am agreeing to the terms and obligations in this Agreement on behalf of both myself and my minor child.

Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of the City of Ottawa in the Province of Ontario, and I hereby consent to the exclusive jurisdiction of such courts.

BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION. PLEASE READ CAREFULLY!

I ACKNOWLEDGE THAT*