2018 RELEASE, WAIVER, AND ASSUMPTION OF RISK
I hereby acknowledge and agree that in consideration of being permitted to participate in cycling programmes, races
or other activities organised, operated or sanctioned by Mid Island Velo Association, its members, officers,
directors, employees, independent contractors and agents (hereinafter referred to as MIVA), I do hereby release
MIVA from all liability, and do hereby waive against MIVA all recourse, proceedings, claims and causes of action of
any kind whatsoever, in respect of all personal injuries or property losses arising out of or connected with, my
preparation for, or participation in the aforesaid cycling programmes, races or activities, notwithstanding that any such
injuries or losses may have been caused solely or partly by the negligence of MIVA.
I hereby acknowledge and agree:
a) that the sport of cycling is very dangerous, exposing participants to many risks and hazards, some of which are
inherent in the very nature of the sport itself, others which result from human error and/or negligence of the persons
involved in preparing , organising and staging of cycling programmes, races and other activities;
b) that as a result of the aforesaid risks and hazards, I as a participant may suffer serious injury, even death, as well
as property loss:
c) that some of the aforesaid risks and hazards are foreseeable but others are not;
d) that I nevertheless freely and voluntarily assume all the aforesaid risks and hazards, and that accordingly, my
preparation for and [participation in the aforesaid cycling programmes,races and activities shall be entirely at my own
risk;
e) that I understand that MIVA not assume any responsibility whatsoever for my safety during my preparation for or
participation in the aforesaid cycling programmes, races and activities;
f) that I have carefully read this release and assumption of risk agreement , that I fully understand same, and that I
am freely and voluntarily executing same;
g) I understand clearly that by signing this release, I will be forever prevented from suing or otherwise claiming
against MIVA for any loss or damage connected with any property loss or personal injury that I may sustain while
participating in or preparing for any of the above mentioned cycling programmes, races or activities whether or not
such loss or injury is cause by the negligence of MIVA;
h) that I have been given the opportunity and have been encouraged to seek independent legal advice prior to
signing this agreement;
i) that I understand clearly that MIVA would not permit me to participate in any such cycling programmes, races or
activities unless I signed this release, waiver and assumption of risk agreement and that this release, waiver and
assumption of risk agreement applies to all the aforesaid programmes, races and activities whether occurring in the
near or distant future, and that the terms of this agreement need not be
brought to my attention each time I participate in a cycling programme, race or activity in order to be effective;
j) that the term “cycling programmes, races and/or activities” as used in this release, waiver and assumption of risk,
agreement includes, without limiting the generality of that term,all races, training sessions, clinics, programmes and
events that are in any way authorised, sanctioned or organised by MIVA;
k) that this release, waiver and assumption of risk agreement is binding on myself, my heirs, executors,
administrators, personal representatives and assigns;
l) I recognise that this release may be in addition to the release I must sign as a condition of participation/membership
and that I am bound by the terms and conditions of both waivers. |