To the attention of: Coopérative Républik Nature Ltd., the entity managing Sentiers Madawaska Trails,

In this agreement, the term “Releasees” includes Coopérative Républik Nature Ltd., the City of Edmundston, as well as their directors, officers, employees, agents, representatives, successors, and assigns. It also includes the owners of the land on which the trails are located.

ACKNOWLEDGEMENT – MOUNTAIN BIKING SAFETY

I acknowledge that it is mandatory to follow mountain biking safety practices on the trails. I am aware that trail cycling involves certain dangers, including risks of property damage and personal injury.

ASSUMPTION OF RISKS

I am aware of and voluntarily accept the risks of injury, hazards, and exposures, including but not limited to the risks: of weather conditions, mechanical failures of bicycles, improper mounting or fastening of wheels or bicycle components, rocks, streams, etc., impacts, variations or changes in terrain, trees and stumps, wildlife, poor visibility and other cyclists, collisions with motor vehicles, other cyclists or natural or artificial obstacles. I AM AWARE OF THE RISKS, HAZARDS, AND DANGERS ASSOCIATED WITH MOUNTAIN BIKING, AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS, AND THE POSSIBILITY OF BODILY INJURY, DEATH, PROPERTY DAMAGE, OR LOSS RESULTING THEREFROM.

RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT

In consideration of the RELEASEES accepting my application to participate in mountain biking and granting me permission to use their property, trails, parking lots, and other facilities (hereinafter referred to as “the mountain biking facilities”), and for other valid consideration, the receipt and sufficiency of which I hereby acknowledge, I agree to the following:

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, or injury, including death, that I may suffer or that my next of kin may suffer as a result of my mountain biking, HOWSOEVER CAUSED, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE OF THE RELEASEES TO SAFEGUARD ME FROM THE RISKS, DANGERS, AND HAZARDS OF MOUNTAIN BIKING AS SET OUT ABOVE;
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from all liability for any property damage or personal injury to a third party resulting from my participation in mountain biking.
3. This agreement shall apply to and bind my heirs, legal representatives, executors, administrators, and assigns in the event of my death.
4. This agreement shall be governed by the laws of the Province of New Brunswick.
5. Any dispute involving the parties to this agreement shall be brought before the courts of the Province of New Brunswick.

In entering into this agreement, I am not relying on any oral or written representations or statements made by the Releasees concerning the safety of mountain biking other than what is set out in this agreement.

I ACKNOWLEDGE THAT I HAVE READ THIS DOCUMENT BEFORE AGREEING TO IT, AND I UNDERSTAND THAT BY ACCEPTING THIS AGREEMENT, I AM WAIVING CERTAIN RIGHTS THAT I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS, OR REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.