OFSC Prescribed Trail – Assumption of Risks, Waiver of Claims and Indemnity Agreement (French Version)
SECTION 1: ASSUMPTION OF RISKS
I am aware that snowmobiling involves many risks and I assume such risks, dangers and hazards including but not limited to changing weather and light conditions, collision with trees, changes in the terrain which may create blind spots or areas of reduced visibility NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF ANY STATUTORY DUTY OF CARE BY THE ONTARIO FEDERATION OF SNOWMOBILE CLUBS (“OFSC”), ITS MEMBER CLUBS, DISTRICTS OR THEIR STAFF TO SAFEGUARD ME OR INDIVIDUALS RIDING WITH ME FROM THE RISKS OF SNOWMOBILING. I further understand that other risks of snowmobiling include the snow conditions on or beneath the trails, changes or variations in the surface or subsurface, including due to trail grooming activities; variable or difficult snow conditions, exposed rock, earth, ice and other natural objects; exposed holes in the snow, road banks, snow-banks or cut-banks; absent or missing signage, collision with other snowmobiles, other vehicles, trail grooming equipment, fences, other equipment or structures, failure to ride safely or within one’s own ability or within the designated trail, speeding or negligence of other snowmobilers or other vehicles.
SECTION II: RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT. THESE CONDITIONS WILL AFFECT YOUR LEGAL RIGHTS, PLEASE READ CAREFULLY!
In consideration of the Ontario Federation of Snowmobile Clubs permitting me to use the OFSC Prescribed Trails and providing me with the benefits outlined below, I agree as follows:
- I acknowledge that I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE;
- I WAIVE ANY AND ALL CLAIMS THAT I HAVE OR MAY HAVE IN THE FUTURE AGAINST THE ONTARIO FEDERATION OF SNOWMOBILE CLUBS OR ITS MEMBER CLUBS, DISTRICTS, DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, LANDOWNERS, INDEPENDENT CONTRACTORS, SUBCONTRACTORS, REPRESENTATIVES, SPONSORS, SUCCESSORS (“OFSC PARTIES”), and;
- RELEASE THE OFSC PARTIES from ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE, INJURY including death that I may suffer or that my next of kin may suffer resulting from my use or presence on OFSC trails or my traveling off such trails 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 BY THE OFSC PARTIES, AND INCLUDING THE OFSC PARTIES’ FAILURE TO PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF SNOWMOBILING
- I AGREE TO HOLD HARMLESS AND indemnify the OFSC PARTIES from any and all liability for any damage to property of or personal injury to, any third party, resulting from my use of or presence on OFSC trails or travel beyond such trails.
- This agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and representatives in the event of my death or incapacity.
- I agree that any litigation involving the OFSC or its member clubs shall be brought within the exclusive jurisdiction of the courts of the Province of Ontario and shall be brought within the Province of Ontario.
- I further agree that these conditions and any rights, duties and obligations as between the OFSC, its member clubs and the trail permit holder shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario and no other jurisdiction. (Refer to ofsc.on.ca)
- In entering into this Agreement I am not relying on any oral or written representations or statements made by the OFSC PARTIES with respect to the safety of snowmobiling other than what is in this agreement.
I ACKNOWLEDGE HAVING READ AND UNDERSTOOD THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINSTRATORS AND REPRESENTATIVES MAY HAVE AGAINST THE OFSC PARTIES. I AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.
I acknowledge that:
- I have read and agree to the terms and conditions above together with the Expectations for the Use of OFSC Prescribed Trails (please see below):
- I understand that I must complete Section I and Section II in order to access the OFSC prescribed trail system.
- I will ensure that all operators and/or passengers of the snowmobile to which this permit is affixed are made aware of these conditions before accessing any OFSC prescribed trails.
- Any representative of an OFSC affiliated club may deny access to OFSC prescribed trails in the event of a failure to comply with OFSC Terms and Conditions or Bylaws by any operators and/or passengers of the snowmobile to which this permit is affixed.
General enquiries: Contact information for the Ontario Federation of Snowmobile Clubs can be found on the website: www.ofsc.on.ca.
|EXPECTATIONS FROM THE OPERATOR AS TO THE USE OF OFSC PRESCRIBED TRAILSSnowmobiling is an inherently risky off-road activity that occurs in an unpredictable natural environment. Prior to entering onto an OFSC Prescribed Trail, every snowmobiler must be familiar with the “Expectations for OFSC Prescribed Trail Use” as follows:|
|1. All snowmobiles will be operated under a lawful trail use permit;|
2. All operators and passengers willingly use the trails at their own risk;
3. Operators and passengers know and will obey all applicable laws, including, The Occupiers’ Liability Act, The Motorized Snow Vehicles Act and the Trespass to Property Act;
4. Snowmobile trails are not an engineered product, it is recognized and accepted that snowmobiling is essentially an off-road activity taking place in the natural environment;
5. The operator understands that OFSC member clubs are volunteer-based organizations with finite resources and manpower;
6. It is not practical, possible or desirable to maintain all trails uniformly or to remove all potential hazards;
|7. Weather conditions affect trails, snowmobile operation and operator visibility and they may change without warning;|
8. The maximum legislated speed on trails is 50 km/h unless reduced by law and/or subject to conditions including weather, operator competency and terrain;
9. Operators will stay to the right of the trail notwithstanding that there are no centre lines and operate their snowmobiles with care and control as there may be other users on the trail including non-snowmobilers and trail grooming equipment;
10. Operators and passengers are aware that there are generally no legal requirements for signage on trails and, when provided, it is only for assistance and convenience;
11. The privilege of trail access is provided without any guarantee of service or quality, grooming and maintenance of trails, when provided, is meant solely to enhance the comfort and enjoyment of the safe and prudent operators and passengers.