**OFTR OFF-ROAD MOTORCYCLE WAIVER

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS

AND INDEMNITY AGREEMENT**

IMPORTANT — PLEASE READ CAREFULLY

BY PARTICIPATING IN OFF-ROAD MOTORCYCLE TRAIL RIDES AND RELATED ACTIVITIES ORGANIZED BY THE ONTARIO FEDERATION OF TRAIL RIDERS (OFTR) AND ITS AFFILIATE CLUBS, YOU GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

TO:

Ontario Federation of Trail Riders (OFTR), its directors, officers, employees, volunteers, agents, representatives, independent contractors, subcontractors, sponsors, member clubs, landowners, successors and assigns (collectively the “Releasees”).

DEFINITIONS

In this Agreement, the term “Off-Road Motorcycling” shall include all activities related to off-road motorcycle riding and participation, including but not limited to:

• riding on designated trails and back-country terrain
• training sessions, clinics, events and rides
• travel on or about trails and adjoining areas
• all uses of OFTR facilities, services, equipment or organized activities

ASSUMPTION OF RISKS

I understand and acknowledge that Off-Road Motorcycling involves inherent risks, dangers, and hazards, including but not limited to:

• natural and variable terrain (rocks, roots, mud, water crossings, uneven or unstable ground)
• collisions with other riders, obstacles, vehicles, or fixed objects
• mechanical failure or malfunction of motorcycles or equipment
• changing and unpredictable weather
• remote areas with delayed emergency response
• wildlife encounters
• negligence of other participants
• risks arising from my own actions or omissions

These risks can result in serious injury, disability, death or property damage. I freely and voluntarily assume all such risks.

ACKNOWLEDGEMENT OF RESPONSIBILITY

I confirm that:

• I hold and will carry all required registration, insurance, license or permits as required by provincial and municipal law for my off-road motorcycle at all times while riding.
• My motorcycle and safety gear meet applicable safety standards.
• I ride within my own ability and follow all applicable laws and trail rules.

RELEASE OF LIABILITY & WAIVER OF CLAIMS

In consideration of being permitted to participate, I hereby agree:

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, injury, expense, or death that I may suffer or that my next of kin may suffer as a result of my participation in Off-Road Motorcycling, regardless of cause, including negligence, breach of contract, or breach of statutory duty of care (including under the Occupiers’ Liability Act ), AND INCLUDING THE RELEASEES’ FAILURE TO SAFEGUARD OR PROTECT ME FROM THE RISKS DESCRIBED ABOVE.

INDEMNITY

I agree to HOLD HARMLESS AND INDEMNIFY the Releasees from any and all liability, loss, cost, claim, damage or expense arising out of my actions or omissions while participating in Off-Road Motorcycling, including claims made by third parties.

BINDING EFFECT

This Agreement is binding upon my heirs, next of kin, executors, administrators, assigns and legal representatives in the event of my death or incapacity.

GOVERNING LAW

This Agreement shall be governed and interpreted according to the laws of the Province of Ontario, and any disputes shall be subject to the exclusive jurisdiction of the courts of that Province.

NO RELIANCE

I acknowledge that I am not relying on any oral or written statements or representations other than those set out in this Agreement.

CONFIRMATION

I CONFIRM THAT:

• I HAVE READ AND UNDERSTOOD THIS RELEASE;
• I AM AWARE THAT I GIVE UP CERTAIN LEGAL RIGHTS BY SIGNING IT;
• I SIGN IT VOLUNTARILY. 

By clicking the box I agree to these terms and conditions. 

Please note: