VMUTS wishes to inform you of the following policies and conditions prior to you purchasing a membership or trail access permit for VMUTS trail systems.
¨ Not all of VMUTS trail systems accommodate all vehicle types; many trails have limited/no access for vehicles wider than 50”. Be sure that you check with the local club prior to venturing out.
¨ VMUTS allows 4 wheeled ATVs, single rider, 2up, and single rider with a seat and a roll cage (Polaris Ace), vehicles with more than 4 wheels such as but not limited to the Can-Am Outlander 6×6 or the Polaris Trail-Boss, as well as side by sides, (up to 65” overall width) on our trail systems. This includes Roketa and other similar type dune buggies with the understanding that low clearance vehicles may have limitations on many trails. These vehicles must purchase on OFATV permit.
¨ VMUTS has legal trails designated as “shared use”, where other powersport organizations may have land use agreements in place which allow for off road vehicles on specific trail portions that are outside of the VMUTS’s accepted vehicle portfolio.
¨ Every vehicle allowed on VMUTS trails must be registered and have a green off-road license plate or other jurisdiction equivalent affixed to the rear of the vehicle and have valid liability insurance.
¨ The driver and each passenger of motorcycles MUST wear a helmet bearing at least one of the certification stamps listed (CSA-D230, BSI, DOT, Snell Memorial, UNEC No. 22) while on VMUTS trail systems. We highly recommend other safety gear such as: over the ankle sturdy boots, long sleeve shirt and long pants, eye protection, body protection and gloves.
¨ Unless otherwise stated, please note that VMUTS permits are non-refundable.
VMUTS, and its (Their) directors, officers, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors and assigns (all of whom are hereinafter referred as “the Releasees”)
DEFINITION:
In the Release Agreement the term “Trail Using” shall include all activities, services and use of facilities either provided by or arranged by the Releasees, including but not limited to: orientation and instruction sessions; recreational activities undertaken dur the Trail User, all travel either within or beyond the designated boundaries, including the backcountry and logging roads, unassumed road allowances and recreational trails.
ASSUMPTION OF RISKS:
I am aware the Recreational trail Using involves many inherent risks, dangers and hazards, including but not limited to exposed rock, earth, ice or other natural objects, trees, tree wells, tree stumps, forest deadfall, holes and depressions on or beneath the recreational trail or surface; variable and difficult either conditions; changes or variation in the terrain which may create blind spots or areas of reduced visibility, streams and creeks, cliffs; crevasses; travel on back-country roads; snowcat roads; road-banks and cut-banks; impact or collision with other vehicles, becoming lost or separated from the other participants; mechanical failure of any equipment; extreme and rapidly changing weather conditions; encounter with wildlife including bears; avalanches; the failure to operate a vehicle safely or within one’s ability; negligence of other recreational trail users; AND NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE BY THE RELEASEES TOSAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE. Communication in the alpine terrain may be difficult, and in the event of an accident, rescue, medical treatment and evacuation may no be available or may be delayed. Alpine weather conditions may be extreme and can change rapidly and without warning.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH RECREATION TRAIL USING AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, EAATH, PROPERTY DAMAGE OR LOSS RESULTING THERFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND IDEMNITY AGREEMENT:
In consideration of the RELEASEES agreeing to my participation in Trail User and permitting my use of their services, equipment and other facilities, and for 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 have in the future have against the RELEASEES AND TO RELEASE THE RELEASSEES 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 Recreational Trail Using. 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 PARTT OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS DANGERS AND HAZARDS OF PARTICIPATING IN RECREATIONAL TRAIL USING REFFERED TO ABOVE.
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss of personal injury to any third party resulting from my participation in recreational trail using.
- 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;
- This Release Agreement and any right, 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 recreational trail using takes place and no other jurisdiction; and
- Any litigation involving the parties to this Release Agreement shall be brought solely within the province where the recreational trail using takes place and shall be within the exclusive jurisdiction of the Courts of that province.
In entering into this Release Agreement I am not relying on any oral or written representation or statement made by the Releasees with respect to the safety of participating in Recreational Trail Using, other than what is set forth in this Release Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE 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.