Waiver and Acknowledgements
RELEASE OF LIABILITY,
WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE
PLEASE READ THIS CAREFULLY
TO: THE VOLUNTEER ORGANIZERS of the Beachburg Off Road Cycling Association’s Membership Holders, Races, Events, Trail Building Activities and all other Club Events/Rides.
DEFINITION
In this agreement, the term Members Club Events and Rides shall include all activities in any way related to road, off-road, and trail bicycling, including, but not limited to, riding a bicycle on any surface, navigating obstacles, both natural and man-made, participating in club riding or events, trail maintenance, or automobile interaction while attending said activity.
ASSUMPTION OF RISK
I am aware that “Membership Club Events/Rides” involves many risks, dangers and hazards including, but not limited to: accidents which occur while riding on road, trail or navigating obstacles, elements inherent in a road, trail or forest environment, recklessness or negligence of other individuals, and NEGLIGENCE ON THE PART OF THE VOLUNTEER EVENT ORGANIZERS TO SAFEGUARD AND PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGER AND HAZARDS ASSOCIATED WITH MOUNTAIN BIKING AND TRAIL RUNNING AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM. I am aware that the physical exertion required in Members Club Events and Rides and the forces exerted on the body can activate or aggravate pre-existing physical injuries, conditions, symptoms or congenital defects. I understand that if I know or suspect that my physical condition may be incompatible with Mountain Biking and Running that I should refrain from such activity and seek medical advice before undertaking further activity.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Volunteer Event Organizers agreeing to my participation in this event and permitting my use of its route, parking, and other facilities, and for other good and valuable considerations, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against THE VOLUNTEER EVENT ORGANIZERS AND REPRESENTATIVES, B.O.R.C.A., and the land owners, trail builders and managers, including the County of Renfrew (all of whom are hereinafter referred to as the “RELEASEES”) AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expenses or injury including death that I may suffer or that my next of kin may suffer as a result of my participation in any Mountain Biking or Running activity, 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, R.S.O. 1990, C. 0.2, ON THE PART OF THE RELEASEES AND FURTHER INCLUDING FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE OUTDOOR ADVENTURE ACTIVITIES REFERRED TO ABOVE.
1. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in Members Club Events and Rides:
2. That this Agreement shall be effecting and binding upon my heirs, next of kin, executors, administrators and assigns, in the event of my death.
3. That this Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario and any litigation involving the parties to this Agreement shall be brought within the Province of Ontario.
In entering into this Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of Mountain Biking and Running, other than what is set forth in this agreement.
I have read and understood this agreement prior to signing it. I am aware that by signing this Agreement I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators and assigns may have against the Releasees.
I have read and I accept the above waiver and/or acknowledgements for myself and any immediate family members (spouse and children) as indicated on the following registration form pages.
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