Membership Liability Waiver
By signing up to be a member of the Fernie Trails & Ski Touring Club, you are agreeing to the waiver below.
Please note that many of the trails upon which we walk, run, mountain bike, fat bike, and/or nordic ski are located on private land. The private landowners have requested that all users agree to the waive any liability arising as a result of trail use on their land AND be a member. If you are not a member or you have not agreed to the waiver, you may not enter any private lands for the use of trails.
BY ACCESSING PRIVATE LAND AND CONFIRMING YOUR MEMBERSHIP, YOU WAIVE YOUR LEGAL RIGHT TO SUE ACCORDING TO THE WAIVER BELOW
Fernie Trails Alliance, Fernie Mountain Bike Club, Fernie Trails & Ski Touring Club, Fernie Nordic Society and Stag Leap Running Co. Member Registration Form and Waiver
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS and INDEMNITY AGREEMENT
BY SIGNING UP OR RENEWING YOUR FERNIE TRAILS & SKI TOURING CLUB MEMBERSHIP YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE
PLEASE READ CAREFULLY!
ASSUMPTION OF RISKS – I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH OUTDOOR MOUNTAIN ACTIVITIES, OUTDOOR MOUNTAIN WILDLIFE, SINGLE TRACK TRAILS, MOUNTAIN TRAILS, MOUNTAIN BIKING, MOUNTAIN BIKING TRAILS, HIKING TRAILS, RUNNING TRAILS, SNOWSHOEING TRAILS, MOUNTAIN BIKING RACES, RUNNING RACES, HIKING ON MOUNTAIN TRAILS, SNOWSHOEING ON MOUNTAIN TRAILS, SNOW BIKING ON MOUNTAIN TRAILS, WALKING ON MOUNTAIN TRAILS, RUNNING ON MOUNTAIN TRAILS,NORDIC SKIING ON MOUNTAIN TRAILS AND AS WELL AS DOING ALL OF THE AFORESAID ACTIVITIES IN THE WINTER-TIME ON GROOMED OR UNGROOMED TRAILS AND ALL RELATED ACTIVITIES, INCLUDING BUT NOT LIMITED TO, DOING ANY OF THE AFORESAID ACTIVITIES WHILE PARTICIPATING IN ANY EVENT ORGANIZED BY THE OPERATORS (THE “ACTIVITIES”) AND I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM, INCLUDING SUCH PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS CAUSED BY THE NEGLIGENCE ON THE PART OF THE PROPERTY OWNERS AND/OR THE OPERATORS OR THEIR VOLUNTEERS, SPONSORS, ORGANIZERS AND EMPLOYEES, INCLUDING THE FAILURE OF THE OPERATORS AND/OR THE PROPERTY OWNERS OR THEIR VOLUNTEERS, SPONSORS, ORGANIZERS AND EMPLOYEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT – In consideration of THE OPERATORS and THE PROPERTY OWNERS allowing me to participate in the Activities and any event or race organized by the Operators, for the Property Owners allowing me access to their land to engage in the Activities, and the Operators building and maintaining the Trails and for being a member of the Fernie Trails & Ski Touring Club, Fernie Trails Alliance, Fernie Mountain Bike Club, Fernie Nordic Society and/or Stag Leap Running Co., and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against THE OPERATORS, and THE PROPERTY OWNERS (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 the 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, AND
INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF ACTIVITIES REFERRED TO ABOVE; and,
2. 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 activities.
In entering into this Agreement, I am not relying on any oral or written representations or statements made by the Releasees other than what is set forth in this Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS WAIVER AGREEMENT PRIOR TO AGREEING TO IT BY SIGNING UP OR RENEWING MY FERNIE TRAILS & SKI TOURING MEMBERSHIP, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.