Freewheeling Adventures Tour Agreement, Waiver, Assumption
of Risk, & Rental Agreement
Tour name:
Tour Date:
My name/Our names:
- 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.
- 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.
- Promotional Materials: I agree that participating in a Freewheeling
excursion constitutes permission for Freewheeling to use my name and
likeness in promotional materials.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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:
|