Release of Liability Agreement, Waiver of Claims, Assumption of Risks and Indemnity Agreement

By completing this document, you will waive certain legal rights including the right to sue. You must agree to each section by checking the appropriate boxes.
PLEASE READ CAREFULLY!






TO: ACE TRANSPORTATION GROUP INC (ATG) and their respective owners, directors, employees, agents, volunteers, independent contractors, representatives, successors and assigns (collectively hereinafter referred to as the ‘RELEASEES’.)

DEFINITIONS

  1. In this agreement, the term “Activities” shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees.

ACKNOWLEDGEMENT - SAFETY

  1. I am aware that the physical exertion required of Activities and the forces exerted on the body can activate or aggravate pre-existing physical injuries, condition or congenital defects. I acknowledge that the level of participation is at all times completely up to the individual.
  2. ATG will be taking you to some amazing breweries, cider houses and wineries. We ask that you enjoy only as much as is safe for you and everyone else. We reserve the right to ask you to leave – at your own cost – if you’ve had too much to drink. We provide water and snacks on board the bus to help keep you healthy.

ASSUMPTION OF RISK

  1. I am aware that participation in Activities involves many risks, dangers and hazards including, but not limited to: changing weather conditions; changes or variations in the surface or sub-surface; exposed rock, earth, and other natural objects; variation or changes in the terrain including holes, depressions, loose gravel, rocks, mud, creeks, etc., and those which may create blind spots or areas of reduced visibility; difficult terrain including streams, creeks, cliffs, crevasses, trees, tree wells, tree stumps and forest deadfall; road, road-banks or cut-banks; the use of lifts; impact or collision with other participants, instructors or spectators, the failure to remain within designated areas; encounters with wildlife; becoming lost or separated from the guides, instructors or other course participants; negligence of other participants or instructors; and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF ACTIVITIES. I am also aware that the risks, dangers and hazards referred to above exist throughout the terrain and may be uncontrolled, unmarked and not inspected.
  2. I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES, AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM. I ALSO ACCEPT RESPONSIBILITY FOR ANY DAMAGE CAUSED BY ME OR AS A RESULT OF MY PARTICIPATION IN THE ACTIVITIES.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

  1. In consideration of the Releasees accepting my application to participate in the Activities and permitting my use of their property, premises, parking and other facilities and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree:
    1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE RELEASEES from any and all liability for any loss, damage, injury including death, or expense that I may suffer, either directly or indirectly, as a result of my participation in Activities and my use of the premises and facilities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY PART OF THE RELEASEES, AND INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES;
    2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any damages & claims or demands resulting from any damages to any third party, which might be made against the Releasees resulting from my participation in Activities and my use of the premises and facilities,
    3. That this 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. That this Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario;
    5. That any litigation involving the parties to this Agreement shall be brought within the Province of Ontario; and
    6. In entering into the Agreement, I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of Activities, other than what is set forth in the Agreement.
  2. I am responsible for repairing or replacement of any lost or damaged equipment.
  3. We reserve the right to substitute any venue location due to availability issues.

CANCELLATION POLICY – APPLIES TO ALL TOURS

  1. In the unfortunate event that the vehicle scheduled for your tour has a mechanical breakdown, or there are only 4 – 6 people booked for that tour, we will do everything we can to ensure that your transportation needs are covered with a replacement vehicle such as a van or school bus.
  2. If you cancel more than 72 hours in advance, we will issue you a full refund, less a $50 service fee.
  3. If you cancel less than 72 hours in advance, we unfortunately will not be able to issue you a refund due to operational costs.
  4. We reserve the right to cancel tours with 3 or less guests, and will issue a full refund with a minimum of 24 hours’ notice.

I HAVE READ AND UNDERSTAND THIS AGREEMENT. BY SUBMITTING THIS AGREEMENT, I ACKNOWLEDGE THAT I AM AGREEING TO THE FOLLOWING:

  • I consent for Ace Transportation Group Inc., to use without any royalties paid to me, any of the pictures or videos that they take during the tour for use in social media and promotional materials.