WAIVER, RELEASE and ASSUMPTION of RISK AGREEMENT (FOR ADULTS OVER THE AGE OF MAJORITY
WARNING! By signing this document you are giving up certain legal rights, including the right to sue in circumstances outlined below. It is important that you take the time to read this carefully before you sign.
By participating in the Peppermint Pre-Ride (the “Event”), I fully acknowledge and agree to the terms which are set out in the paragraphs that follow.
1. This is a legal document. I have reviewed it in its entirety and I have asked any questions about this document which I may have before signing it.
2. I hereby acknowledge, by my signature hereto, that SUBSTANCE PROJECTS INCORPORATED including its directors, officers, contractors, employees, affiliates, assigns, sponsors or volunteers, and all landowners and interested parties (collectively referred to as “The Releasees”) are not responsible for any injury, personal injury, property damage, expense, loss of income, or any loss or damage of any kind that you may suffer in the process of participating in the Event, or caused in any manner by the Releasees, including without limiting the foregoing, by the negligence of The Releasees.
3. In consideration of the participating in the Event, I hereby acknowledge that I am aware of the risks, dangers and hazards associated with or related to the racing of bicycles and that I may be exposed to such risks, dangers and hazards. The risks, dangers and hazards include, but are not limited to, injuries from:
a. Mechanical or technical issues with respect to my bicycle;
b. Executing strenuous and demanding physical techniques in cycling and/or exerting and stretching various muscle groups;
c. Vigorous physical exertion, rapid movements, quick turns and stops, and strenuous cardiovascular workouts;
d. Mounting, dismounting or falling off a bicycle;
e. Falling, tumbling or hitting any ground, surface, concrete, road, track or other surfaces or objects while riding a bicycle;
f. Physical contact with other cyclists, vehicles and/or pedestrians;
g. Failure to properly use any equipment, the mechanical failure of any piece of equipment or inadequate safety equipment, improper maintenance or adjustment of equipment;
h. Contact, collisions or being struck by other participants, pedestrians, fixed objects, spectators, equipment or vehicles;
i. Road conditions, terrains and vehicular traffic while cycling;
j. Failure to stay within designated trails or adhere to designated routes or courses;
k. Extreme weather and temperature conditions which may result in dehydration, heatstroke, sunstroke or hypothermia;
l. Spinal cord injuries which may render me permanently paralyzed;
4. Furthermore, I am aware:
a. That injuries sustained in the course of cycling, including but not limited to the injuries described in paragraph 3, above, can be severe;
b. That I may experience anxiety while challenging myself while operating a bicycle;
c. That my risk of injury is reduced if I follow all rules established for my participation in the Event;
d. That my risk of injury is also reduced if I use appropriate and well-maintained safety equipment including a helmet, gloves and eye protection;
e. That my risk of injury increases as I become fatigued; and,
f. Baltimore Community Centre and surrounding roads for the duration of the Event, is a public space and that non-participants will be using the Park and roads for other purposes while the Event is taking place.
5. In consideration of The Releasees permitting me to participate in the Event, I agree:
a. That my physical condition has been verified by a medical doctor to participate in the sport of cycling;
b. That I will follow all rules of the road and trail;
c. That I have thoroughly reviewed the Event Technical Guide, all race instructions and all communications from the Releasees, and will follow all rules set out therein;
d. That the sole responsibility for my safety remains with me, including physical and emotional preparation and fitness;
e. To discontinue participation if I sense or observe any unusual hazard or unsafe condition; or feel unable or unfit to safely continue;
f. To ASSUME all risks arising out of, associated with or related to the use and operation of my bicycle at the Event;
g. To WAIVE any and all claims that I may have now or in the future against the Releasees arising in any way from my participation in the Event;
h. To freely ACCEPT AND FULLY ASSUME all such risks and possibility of personal injury, death, property damage, expense and related loss, including loss of income, resulting from my participation in the Event; and,
i. To FOREVER RELEASE the Releasees from any and all liability for any and all claims, demands, actions, damages (including direct, indirect, special and/or consequential), losses, actions, judgments, and costs (including legal fees) (collectively, the “Claims”) which I may have or may in the future, that might arise out of, result from, or relate to my participation in the Event, even though such Claims may have been caused by any manner whatsoever, including but not limited to, the negligence, gross negligence, negligent rescue, omissions, carelessness, breach of contract and/or breach of any duty of care of the Releasees.
j. I acknowledge that I have read this agreement and understand it, that I have signed this agreement voluntarily, and that this agreement is to be binding upon myself, my heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives.