RELEASE, WAIVER, AND ASSUMPTION OF RISK AGREEMENT

I hereby acknowledge and agree that in consideration of being permitted to participate in the Creston-Kootenay Lake Gran Fondo (herein called the "Cycling Event") operated by the the Rotary Club of Creston (herein after known as the Organizing Committee or “O.C”):

I hereby release, waive and discharge the Organizing Committee, its shareholders, directors, officers, employees, sponsors, independent contractors, agents and invitees, and all of their respective heirs, successors, personal representatives and assigns (collectively known as the "Releasees") from, and covenant not to sue any of the Releasees for, any and all personal injury, death or property damage which I may suffer arising out of or connected with my preparation for, or participation in, the Cycling Event, notwithstanding that such injuries or losses may have been caused solely or partly by the active or passive negligence, active participation in the wrong, or as a result of any alleged breach of any duty or obligation, of any of the Releasees or otherwise.

I hereby agree to indemnify and hold all of the Releasees harmless from, and for, any and all manners of action, causes of action, damages, costs, claims, demands, outlays, losses or liabilities of any nature whatsoever, which any of the Releasees may sustain, which arise, directly or indirectly, out of my preparation for, or participation in, the Cycling Event.

I hereby acknowledge and agree that:

 

  • any litigation involving the parties to this Release Agreement shall be brought solely within the province where theCycling takes place and shall be within the exclusive jurisdiction of the Courts of that province.

  • 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 negligence on the part of the persons involved in preparing, organizing and staging cycling races;

  • as a result of the aforesaid risks and hazards, as a participant in the Cycling Event, I may suffer serious personal injury, even death, as well as property loss or damage;

  • some of the aforesaid risks and hazards are foreseeable, but others are not;
  • I nevertheless freely and voluntarily assume all the aforesaid risks and hazards, and, accordingly, my preparation for, and participation in the Cycling Event shall be entirely at my own risk;

  • I understand that none of the Releasees assumes any responsibility whatsoever for my safety during the course of my preparation for or participation in the Cycling Event;
  • I have carefully read this RELEASE, WAIVER, AND ASSUMPTION OF RISK AGREEMENT, I fully understand same, and I am freely and voluntarily either executing the same or accepting the terms hereof by choosing to register for and participate in the Cycling Event;

  • should I opt to hand over any property to any of the Releasees that I will not hold any of the Releasees responsible for any loss or damage to that property;
  • to allow the O.C. the use of my image or likeness during participation in the Cycling Event for the purpose of promotion;

  • I understand clearly that by agreeing to this release I will be forever prevented from suing or otherwise claiming against any of the Releasees 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 event, whether or not such loss or injury is caused solely or partly by the negligence of any of the Releasees;
  • I have been given the opportunity and have been encouraged to seek independent legal advice prior to signing this agreement;

  • I understand clearly that the O.C. would not permit me to participate in the Cycling Event unless I accepted the terms of this RELEASE, WAIVER, AND ASSUMPTION OF RISK AGREEMENT, that this RELEASE, WAIVER AND ASSUMPTION OF RISK AGREEMENT applies to the Cycling Event 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 the Cycling Event in order to be effective;
  • I agree that this RELEASE, WAIVER, AND ASSUMPTION OF RISK AGREEMENT is binding on myself, my heirs, my executors, administrators, personal representatives and assigns;

  • I understand that the terms herein are contractual and not a mere recital. I am of lawful age (19) and legally competent to sign this Agreement; If under 19 then this waiver needs to be signed by a parent or guardian and they must accept all conditions of this waiver.
  • I recognize that this release may be in addition to any other release I might sign as a condition of participation and that I am bound by the terms and conditions of both documents;

  • To the best of my knowledge, I am physically capable of participating in the Cycling Event, and that I have no pre-existing conditions that would hinder my ability to safely participate in the Cycling Event; and
  • I acknowledge and am aware that any riders under 14 years of age must be accompanied by a parent or guardian.

  • I grant to the Creston-Kootenay Lake Gran Fondo and the Creston Rotary Club the right to use my image for promotional purposes.

I have read and agree to abide by the rules of the Cycling Event at this link

In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of Cycling, other than what is set forth in this Release Agreement.


I CONFIRM THAT I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT 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.

Name:                                                                                                           Date:

Signature:

Age on ride day:

Guardian Signature if required: