ELECTRIC BIKE AND BIKE RENTAL AGREEMENT, RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT

(hereinafter referred to as the "Release Agreement")

BY SIGNING THIS DOCUMENT, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT.

PLEASE READ CAREFULLY!

ORGANIZATION NAME: Grape and Wine Niagara Tours Inc. and its directors, officers, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors, and assigns (all of whom are hereinafter referred to as "the Releasees").

DEFINITION: In this Release Agreement, the term "Electric biking and biking" shall include all activities, events, or services provided, arranged, organized, conducted, sponsored, or authorized by the Releasees and shall include, but is not limited to electric biking; electric bike rental; orientational and instructional courses, seminars, and sessions; travel, transport, and accommodation; and other such activities, events, and services in any way connected with or related to electric biking or the rental of electric biking equipment.

RENTAL AGREEMENT: I accept full responsibility for the electric bike (or bike) equipment rented ("the Equipment") and agree to pay for any damage to the Equipment and replace the Equipment at full retail value if not returned by the agreed date. I also agree to abide by the following rules:

ASSUMPTION OF RISKS: I am aware that electric biking and biking involves many risks, dangers, and hazards, including but not limited to: changing weather conditions, mechanical failure of the equipment, loss of balance, difficulty or inability to control one's speed, and direction, variation or steepness in terrain, rapid or uncontrolled acceleration on hills and inclines, collisions with pedestrians, vehicles, other drivers, and cyclists, and negligence of other road users.

RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT: In consideration of the Releasees agreeing to my participation in electric biking and biking and permitting the use of their services, equipment, and other facilities, 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 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 electric biking or biking, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, 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 ELECTRIC BIKING AND BIKING REFERRED TO ABOVE;
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 electric biking and biking;
3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns, and representatives, in the event of my death or incapacity;
4. This Release Agreement and any rights, duties, and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the province where the electric biking and biking takes place and no other jurisdiction; and
5. Any litigation involving the parties to this Release Agreement shall be brought solely within the province where the electric biking and biking takes place and shall be within the exclusive jurisdiction of the Courts of that province.
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In entering into this Release Agreement, I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of electric biking and biking, other than what is set forth in this Agreement.

I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT, I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS, AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES."