RENTAL AGREEMENT

I accept full responsibility for the care of the rental equipment (the “Equipment”) listed on this  form and I agree to pay for any damage to the Equipment and replace at full retail value any  Equipment not returned by the agreed upon date or if the Equipment is damaged for any  reason, and I agree to report any problems, mechanical or otherwise, upon returning the  equipment. I also acknowledge that I will return the Equipment in clean condition and that if I do  not I may incur additional charges.

I acknowledge that I have inspected the Equipment to ensure that it is in good working order  and I accept it as it is.

I am familiar with the proper use of the Equipment and I have taken proper instructional lessons  prior to its use, if required. I understand that staff of the Releasees are available to answer  questions I may have as to the proper use of the Equipment.

I have made no misrepresentations regarding my height, weight, age, or abilities to the  Releasees in connection with the operation of the Equipment.

I acknowledge that, in addition to the rental fee, the Releasees may also charge a security  deposit (a pre-authorization on my credit card) to cover any late return charges, excessive  Equipment damages (including lack of cleanliness) incurred, or Equipment loss. This deposit  shall not be charged if the Equipment is not damaged, lost, or returned earlier than the agreed  date by the Renter.

ACKNOWLEDGEMENT-SAFETY HELMETS ARE ALWAYS RECOMMENDED

I acknowledge that I have been advised I must, and I will, wear the appropriate safety or protective  equipment while participating in fat biking and mountain biking, including helmets and other protective  gear. Using proper safety equipment may be mandatory under Provincial or Federal law, and I am  aware that the use of the Equipment is subject to applicable Municipal, Provincial and/or Federal  regulations.

I am aware that the physical exertion required by Outdoor Activities and forces exerted on the body  can activate or aggravate pre-existing injuries, conditions, symptoms, or congenital defects. I have  been advised to seek medical advice if I know or suspect that my physical condition may be  incompatible with the Outdoor Activities.

I acknowledge that I will not be under the influence of drugs and/or alcohol while participating in  Outdoor Activities.

Notice to Cross Country (Nordic) Skiers – Increased Risk
The cross country (Nordic) boot/binding systems are not designed or intended to release, and  will not release under normal circumstances. This may increase the risk of injury if one should  fall while wearing such equipment.

DESCRIPTION AND ASSUMPTION OF RISKS

There are many potential RISKS, DANGERS and HAZARDS associated with Outdoor Activities including the RISK OF SEVERE INJURY OR DEATH.

The terrain used for Outdoor Activities can be uncontrolled, unmarked, and not inspected, and  involves many risks, dangers and hazards. The Releasees make no representations as to whether the terrain is safe.

Risks, dangers and hazards associated with Outdoor Activities may include, but are not limited to:

Accidents which occur during transportation to and from the location, rockfall, icefall, avalanches of snow, ice and rock triggered by natural forces, by persons travelling  through the terrain or other causes; extreme variation in terrain, including hidden or  exposed rocks, boulders, ice, logs, stumps, roots, forest deadfall, treewells, trees and  other objects; falling trees; cliffs; variable and difficult snow or ice conditions, including  unstable snow packs or ice; ungroomed, unmarked and uncontrolled terrain; exposed or concealed holes or depressions on or below the surface or ground cover; falls, trips and  slips; still and moving water; ponds, streams, creeks and rivers, including crossings or  thin ice resulting in cold water immersion; entrapment by trees, logs, rocks or equipment; drowning; limited visibility; variable, severe or rapidly changing weather with little or no  warning including storms, high winds and whiteouts; dangerous and unpredictable water  conditions; heat stroke and/or heat exhaustion; hypothermia; frostbite; loss of balance or  control and falls, particularly on steep, slippery or difficult terrain; difficulty or inability to  control one’s speed and direction; errors of judgment; lack of preparation; inadequate,  inappropriate, improperly prepared or adjusted equipment; equipment failure, malfunction  or loss; loss or damage to personal property; failure to act safely or within one’s ability or  within a designated area; impact or collision with vehicles, trees, other persons, or  objects; encounters with domestic or wild animals; animal bites; becoming lost, going off  route or becoming separated from one’s party; and infectious and communicable disease,  including but not limited to COVID-19, contracted through viruses, bacteria, parasites,  and fungi, which may be transmitted through direct or indirect contact or the negligence of  other persons.

Communication in the terrain where Outdoor Activities occur is difficult, and it may be  difficult or impossible to communicate with the outside from within such areas, and in the  event of an accident, rescue and medical treatment may not be readily available or  available.

I am aware that participation in Outdoor Activities also MAY INCLUDE RISKS INCLUDING NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE  INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE  STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS  OF PARTICIPATING IN OUTDOOR ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME  ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL  INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration of the RELEASEES agreeing to my participation in Outdoor Activities, I do hereby freely, voluntarily, and without duress agree as follows:

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 Outdoor Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN OUTDOOR ACTIVITIES INCLUDING THE RISKS REFERRED TO ABOVE.
2. I agree TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in Outdoor Activities.
3. I agree TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all expenses incurred by the Releasees, including legal fees and/or settlement payments and/or Court or Tribunal awards, as a result of legal or administrative actions brought by myself (or brought on behalf of an infant, if I am executing this Release as the parent/guardian on behalf the said infant participant of the Outdoor Activities).
4. Should I (or the minor if I am executing this Release as the parent/guardian on behalf of the said minor participant) require first aid or emergency medical treatment as a result of accident, illness or any medical issue while participating in Outdoor Activities, I consent to such treatment as deemed necessary by the Releasees.
5. Should I (or the minor if I am executing this Release as the parent/guardian on behalf of the said minor participant) require non-scheduled or emergency evacuation, rescue, first aid or medical treatment, I agree that I will bear all costs and expenses associated with such non scheduled or emergency evacuation, rescue, first aid or medical treatment, and these costs and expenses will not be covered by the Releasees.
6. I agree TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability on account of any first aid, treatment or services rendered in connection with my participation in Outdoor Activities.
7. I understand that the Releasees do not assume any responsibility for or obligation to provide financial assistance or other assistance, included but not limited to medical, health or disability insurance.
8. I certify that no qualified medical professional has advised me to not participate in Outdoor Activities.
9. This Release shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death of incapacity;
10. This Release and any rights, duties and obligations as between the parties to this Release shall be governed by and interpreted solely in accordance with the laws of the Province of Alberta and no other jurisdiction; and
11. Any litigation involving the parties to this Release shall be brought solely within the Province of Alberta and shall be within the exclusive jurisdiction of the Courts of the Province of Alberta.

If any portion of this agreement shall be held to be invalid or unenforceable, such provision shall be stricken and the remainder of the agreement shall remain in full force and effect to accomplish the intent and purpose of the parties. The parties agree to negotiate the severed provision to bring it within the applicable legal requirements to the extent possible.

In entering into this Release, I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in Outdoor Activities, other than what is set forth in this Release.

I agree TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in Outdoor Activities.

PERSONAL INFORMATION AND PRIVACY

I consent to Trail Sports Inc. collecting, using, and disclosing my personal information for  purposes related to this Release Agreement and the rental of Equipment. If required by Trail  Sports Inc., I will provide security for the return of any Equipment rented by me or provided by  Trail Sports Inc. I confirm that I have read, understood, and I accept the contents of the Trail  Sports Inc. Privacy Policy, available here. Trail Sports Inc. does not retain copies of any  identification provided by me for the foregoing purposes, and will return such documents, if  provided by me to Trail Sports Inc., upon the return of the Equipment.

GENERAL NOTICE

1. YOU MUST HAVE A TRAIL PASS TO USE THE CANMORE NORDIC CENTRE WINTER CROSS-COUNTRY SKIING TRAILS.
2. You do not need a trail pass to use the Canmore Nordic Centre mountain biking or snowshoe trails.
3. Trail passes are not included in rental or lesson prices.
4. Passes can be purchased at the Day Lodge.
5. If you are renting a fat bike or mountain bike, you will be offered a helmet. Using proper safety equipment such as helmets may be mandatory under Provincial or Federal law, and I am aware that the use of the Equipment is subject to applicable municipal, Provincial and/or Federal regulations.
6. Trail Sports Inc. rental bikes are NOT ALLOWED in the Bike Skills Park.

I confirm that I have read and understand this Release Agreement and by signing it voluntarily I am agreeing to abide by these terms. I am aware that by signing this Release Agreement I am waiving certain legal rights which I or my heirs, executors, administrators, assigns, and representatives may have against the Releasees.