TERMS & CONDITIONS
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The applicant
acknowledges that the applicant has read, understood and agrees to the
following Terms and Conditions whether or not the applicant has provided his
/ her signature: 1. By using the
trail system, the purchaser agrees to save harmless and keep indemnified any
landowners from which the OFSC’s trail system operates, and the OFSC, its
volunteers, members, directors, officers, employees and their respective
agents, officials, servants, and representatives from and against all claims,
actions, costs and expenses and demands in respect of death, injury, loss or
damage to my person or property of any driver or passenger operating the
aforementioned permitted snowmobile, howsoever caused, arising out of or in connection
with the use of the OFSC trail system, notwithstanding that the same may have
been contributed to or occasioned by the negligence of said bodies, or any of
them, their agents, officials, servants, or representatives. It is further
understood and agreed that this agreement is binding upon myself, my heirs,
executors, administrators, and assigns. 2. The vendor snowmobile club or the OFSC may
deny the permit purchaser or the snowmobile driver access to the OFSC trails
if either fails to comply with any OFSC Terms and Conditions or Bylaws. 3. The applicant identified on the
Application for Trail Permit shall ensure that all operators and passengers
of the snowmobile to which the permit is affixed are made aware of these
conditions before accessing an OFSC trail. 4. Stop when
requested to do so. Report all damage to property to the nearest snowmobile
club and police officer. Know and adhere to the Snowmobilers Code of Ethics. 5. If the Trail Permit is lost, stolen or
damaged and needs to be replaced, contact the vendor snowmobile club. You must present the original trail permit
receipt along with the original permit, or portion thereof, if
available. Additional information pertaining
to a police report (incident # if available) for stolen or lost permits may
be required. A. Where a person has accessed OFSC Benefits and Offers, report a
change of address within 6 days to the Ontario Federation of Snowmobile
Clubs, 9-501 Welham Rd., Barrie, Ontario L4N 8Z6. Telephone: (705) 739-7669, Fax: (705) 739-5005, Email Address:
permits@ofsc.on.ca, Website: www.ofsc.on.ca .
ASSUMPTION OF RISKS Snowmobiling
is an inherently risky off-road activity that occurs in an unpredictable
natural environment, so every rider enters OFSC Prescribed trails at their
own risk. Snowmobilers must know the
"Assumptions for OFSC Trail Use" listed below prior to using an
OFSC Trail: 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 the law, including, The
Occupiers’ Liability Act, The Motorized Snow Vehicles Act and the Trespass to Property Act; 4.
It is recognized and accepted that snowmobiling is essentially an
off-road activity taking place in the natural environment; 5.
The OFSC is a volunteer-based organization 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.
The OFSC is providing the privilege of trail access without any
guarantee of service or quality; 8.
Operators and passengers will not consume alcohol prior to or while
using the trails; 9.
Operators and passengers will be prudent and responsible and shall
ensure that snowmobiles are operated with appropriate care and control at all times; 10.
Operators and passengers know how to snowmobile competently and
understand that the operation of snowmobiles requires full cognitive abilities; 11.
Weather
conditions affect trails and snowmobile operation and they may change without
warning; 12.
The maximum speed on trails is 50 km/h unless reduced by law or
conditions; 13.
There may be permitted users on the trail other than snowmobilers; 14.
Operators
will stay to the right of the trail notwithstanding that there are no centre
lines; 15.
Operators know that there may be grooming or other maintenance
activities under way at any time of the day or night which
may take up the whole or any
part of the trail and have the right of way; 16.
Operators and passengers know that snowmobile trails are not
engineered highways; 17.
All operators and passengers know and will adhere to the principles
published as the Safe Riders Pledge by the International Snowmobile Manufacturers’
Association; 18.
Operators and passengers are aware that emergency and cell phone
service may not be available; 19.
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; 20.
Operators and passengers know that snowmobiling on OFSC trails is
regarded as a family-oriented activity; 21.
Operators and passengers know the unique and particular dangers of ice
crossing; 22.
The grooming and maintenance of trails, when provided, is meant solely
to enhance the comfort and enjoyment of the safe and prudent operators and passengers; 23.
Operators and passengers will dress appropriately for all conditions
and will have appropriate safety and emergency equipment at all times. The applicant understands that they are not
required to complete the OFSC form in order to get a Trail Permit but to
access applicable OFSC Benefits and Offers, including a subscription to a
member magazine for seasonal permit purchasers, all sections must be
completed. |