Please read this Contract and Release carefully. It limits your legal rights. This Contract and Release is entered into by Myra Canyon Bicycle Rental and Tours Inc., 1327 Parkinson Road,Kelowna, BC, V1Z 2R7 (collectively “ Myra Canyon Bicycle Rental ”), and the adults whose names and signatures appear below, and the minors whose names and whose guardians’ signatures appear below (together, said adults and minors are the “ Renter”).
IT IS HEREBY AGREED AS FOLLOWS:
SECTION I: WARNING Renters acknowledge that: Myra Canyon Bicycle Rental recommends that all Renters wear a helmet and other safety gear and seek instruction from Myra Canyon Bicycle Rental staff in the safe operation of the Equipment. Helmets and safety gear are provided free to all Renters. Myra Canyon Bicycle Rental requires Renters under 19 years old to wear a helmet at all time during the rental period. The Renter is familiar with the proper use of the Equipment; has received instruction on the use of the Equipment and fully understands its use and function. The Renter further acknowledges and agrees expressly to use the Equipment exclusively on the trail of the former KVR railway track and acknowledges that the Equipment is not intended for downhill or freestyle riding.
Renter agrees to not ride or use rental equipment in any lake, river or ocean, not to change or substitute any parts on the bike, not to ride on trails that are closed or to trespass on posted land and acknowledges full responsibility for the safety of their group and agrees that all members will ride safely and responsibly.
SECTION II: EQUIPMENT RENTAL
Myra Canyon Bicycle Rental hereby rents to Renter, and Renter hereby rent from Myra Canyon Bicycle Rental , the equipment described in the Equipment Receipt issued in connection herewith and incorporated herein by reference (the “Receipt”), for the period and the fees specified therein, subject to the terms of this Contract and Release. All rentals are for a four (4) hour minimum period, and Renter agrees to return the Equipment within the time stated on this contract.
Late returns will be charged at $ 10 per hour and not prorated by minutes if returned within the hour.
Daily and afternoon rentals are due back the same day by closing time.
No refunds on early returns! No returns!
All Equipment must be returned directly to Myra Canyon Bicycle Rental.
Renter assume full responsibility for the bicycles, and any other equipment rented (collectively, the “Equipment”) and agree to compensate Myra Canyon Bicycle Rental for damages caused to the Equipment, excluding normal wear and tear (“Damages”), and for theft, during the rental period and for such time thereafter until the Equipment is returned to Myra Canyon Bicycle Rental, according to the lost equipment price list displayed at the Myra Canyon Bicycle rental counter. In the event of theft the Renter will be charged the full retail value of the Equipment immediately and will be reimbursed within thirty days (30) of the theft date for the same retail value paid less $100, provided that the Renter in question assists in the prompt filing of a police report.
I, the Renter understand and agree that I am responsible for any costs associated with unpaid rental/tour fees, damage and/or theft to the rental/tour Equipment. In such an event I authorize Myra Canyon Bicycle Rental to charge my credit card in an amount not to exceed $600 per each Equipment unit.
SECTION III: RELEASE
In consideration of being permitted to rent and operate the Equipment and/or participate in a guided or self-guided tour , which are hereby acknowledged to be an inherently dangerous and risky activities, each adult Renter, on his own behalf, on behalf of all minors whose names appear below and with respect to whom said adult Renter is the legal guardian (the “Minors”), and on behalf of his/her spouse, and the legal representatives, heirs, and assigns, of him/herself and of the Minors (each of the foregoing is a “Releasor”), does hereby release, waive, and discharge all claims which may arise against Myra Canyon Bicycle Rental their officers, directors, managers, shareholders, members, owners, employees, and agents and the successors, assigns, and heirs of each of the foregoing, (each of the foregoing is a “Releasee”) in connection with the use of the Equipment and/or participation in a tour (collectively, the “Released Claims”), and does hereby covenant not to sue the Releasees, for the Released Claims, whether arising out of the negligence of the Releasees or otherwise.
Releasors agree to indemnify and hold harmless Releasees from any claim, liability, loss, damage, or cost, including attorneys’ fees, which Releasees, or any of them, may incur directly or indirectly in connection with Releasors’ participation in the Activity or Releasors’ assertion of a Released Claim, including, without limitation, misrepresentations made in connection with the rental of the Equipment and/or participation in a tour and the execution of this Contract and Release, whether in an individual capacity, as guardian of a Minor, or otherwise. Releasors acknowledge and assume the risks of using the Equipment and/or participating in a tour, including the risk of serious bodily injury to self and others, death, and property damage, and assume full responsibility for these risks, whether due to the negligence of the Releasees, or otherwise. The risks inherent to the use of the Equipment and/or activity include, without limitation, the hazards posed by slips, falls, collisions, and drowning, due to causes including equipment failure, rough or broken pavement, negligent or unlawful conduct of the Renter and/or other individuals, collisions with natural or man-made objects or other individuals, adverse weather conditions, proximity to water which may be unpatrolled by lifeguards, and encounters with animals. Releasors agree that this Release is governed by, and intended to be as broad and inclusive as permitted by, the laws of the Province of British Columbia (without reference to the principles of conflicts of law thereof) and that should any term of this Release be held invalid by a court of competent jurisdiction, the remaining provisions shall remain effective.
SECTION IV: REPRESENTATIONS AND SIGNATURES
Each Renter freely and voluntarily assumes the risks of using the Equipment and/or participating in a tour. Each Renter acknowledges that he/she has executed this Contract and Release in order to use the Equipment and/or participate in a tour. For each Renter who is a minor, the adult Renter signing on his/her behalf represents and warrants to Myra Canyon Bicycle Rental that he/she is the legal guardian of that minor and possesses full legal authority to release and waive claims, and to covenant not to sue, on that minor’s behalf. Each of the undersigned has read this Contract and Release in its entirety.
HELMETS – Each Renter or his/her legal guardian must mark his/her choice below: YES: I will wear a safety helmet and/or other safety equipment. NO: I refuse to wear any type of safety helmet or other safety equipment, and accept full responsibility for this decision.