Freewheeling Adventures Tour Agreement, Waiver, Assumption of Risk, & Rental Agreement

Tour name:                                                                                                Tour Date:                                                      

My name/Our names:                                                                                                                                                       

  1. Trip changes: I acknowledge that Freewheeling Adventures Incorporated, whether carrying on business as Freewheeling Adventures or otherwise (hereinafter referred to as Freewheeling) reserves the right to change itineraries and prices without prior notice. I understand that significant currency changes may require a fair adjustment at final payment due date. In the event of a change of date, registrants no longer wishing to participate will be offered a full refund, as will be the case should the trip be cancelled and the registrants not wish to participate in any alternate trip available at that time. Should I substitute, or add to, or change the initially agreed upon trip as noted above, I acknowledge that all terms and conditions noted here will apply, and that any incidental or additional costs may be deducted from or charged to any deposit which might have been lodged with Freewheeling.
  2. Inappropriate Behaviour: Freewheeling reserves the right to deny participation to anyone who, in its good faith estimation, endangers or disrupts the enjoyment of any other trip participants.
  3. Promotional Materials: I agree that participating in a Freewheeling excursion constitutes permission for Freewheeling to use my name and likeness in promotional materials.
  4. Waiver: I hereby acknowledge that the sports of bicycling, kayaking, and hiking expose participants to many risks and hazards, and by participating in these sports in conjunction with Freewheeling I am exposing myself to these hazards, some of which are inherent in the sports, and some of which may result from human error. I understand clearly that by signing this Agreement and Waiver, I release and forever discharge Freewheeling, its employees, officers, directors, agents, successors, and assigns, or one or more of them (hereinafter collectively referred to as "the Releasee") from claims, demands, actions, or causes of action arising or to arise from or connected with the rental of any property of Freewheeling, and/or the participation in any tour or excursion with the Releasee, including any instructions, guiding, training, or representation connected with the same, which I or my heirs, executors, administrators, or assigns can, shall, or may have against the Releasee, including claims arising from the negligence of the Releasee. I also acknowledge that I am entering into this contract with Freewheeling in both its personal capacity and as trustee for its officers, directors, employees, agents, successors, and assigns.
  5. Rental Agreement: If I agree to rent equipment from Freewheeling, I agree to return all of this equipment at the end of the tour or the expiry of the agreed rental period in the same condition as when delivered to me, reasonable wear and tear only excepted. I also acknowledge that I am so responsible even when my use of the equipment is in a tour or excursion organised by Freewheeling. In the event of loss or constructive loss of the rental equipment, I agree to pay replacement value thereof to Freewheeling, should Freewheeling elect to replace the same equipment, otherwise I shall only be required to pay fair market value for that equipment, and in the event of damage which is less than a loss or constructive loss of the equipment, to pay for the cost of repairs, and I also agree that without prejudice to any other remedy Freewheeling might have, any and all amounts due hereunder can be deducted from or charged to any deposit which might have been lodged with Freewheeling.
  6. Jurisdiction/Choice of Law: I acknowledge that this agreement is subject to Nova Scotia law, and that any dispute arising therefrom or any way connected with our involvement with Freewheeling, its officers or its employees, is subject to the exclusive jurisdiction of the courts of Nova Scotia.
  7. Plurals: Use of the singular shall be deemed to include the plural when this document is signed by more than one person, in which case their obligations are joint and several.
  8. Cancellation: I understand that if I cancel, my cancellation is subject to policies advertised by Freewheeling, and that I may be required to forfeit deposits or complete payment. I understand that it is my responsibility to obtain cancellation insurance.
  9. Travel Accident Insurance: I understand that I must secure traveler’s accident insurance coverage, either through Freewheeling or from my own independent source. I understand that obtaining such coverage is mandatory prior to my participation on any Freewheeling excursion.

I(we) acknowledge having read this Agreement and Waiver in full, and I(we) agree to its terms.

Signature(s):                                                                                                          Date:                                                             
 

If participant is under 19 years old:
I hereby execute this Agreement and Waiver on behalf of ___________________________ (insert name of minor), and agree to indemnify and save harmless Freewheeling, its officers, directors, servants, and agents from any damage and expenses arising from any claim, which might be brought by the aforesaid minor contrary to the terms of this agreement.
Signature of parent or guardian:                                                                             Date:                                                              

Relationship to participant: