RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
Lotus Cycling Club and all owners or occupiers of venues or premises where Cycling Activities (as defined herein) take place or Lotus Cycling Club Activities (as defined herein) take place, and their respective directors, officers, members, employees, instructors, guides, volunteers, officials, course workers, first aid attendants, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors and assigns (all of whom are hereinafter collectively referred as "the Releasees").
In this Release Agreement, the term "Cycling Activities" shall include all activities, events, competitions, training rides, tours, programs, workshops, lessons, clinics or other related services, including cross-country, downhill, velodrome (track), Bicycle motocross (BMX), trials, cyclo-cross or road cycling, which are organized, provided, arranged, conducted, sponsored, promoted, or authorized by, or connected with, the Releasees.
In this Release Agreement, the term "Lotus Cycling Club Activities" shall include all social gatherings, activities, events, interactions, programs, workshops, lessons, clinics or any other activities, which may or may not be cycling related, which are organized, provided, arranged, conducted, sponsored, promoted or authorized by, or connected with, the Releasees.
I have been advised to wear an approved helmet while participating in Cycling Activities, and to comply with all applicable municipal and provincial highway laws and regulations. I recognize that serious head injury or death can result even when a helmet is worn.
ASSUMPTION OF RISKS
I am aware that participation in Cycling Activities and Lotus Cycling Club Activities involves many risks, dangers and hazards including, but not limited to: current and changing weather conditions; mechanical failure of bicycles; falls; loss of balance; high speed descents; difficulty or inability to control one's speed and direction; rapid or uncontrolled acceleration on hills and inclines; extreme variation in cycling terrain including steep or slippery sections, trees, roots, tree stumps, logs, cliffs, rocks, rock drops, loose gravel, holes, depressions, streams and creeks; constructed features such as bridges, ramps, ladders, bumps, berms, jumps, and drops; collisions with natural and constructed objects, other participants, vehicles, pedestrians, spectators and officials; encounters with domestic or wild animals; negligence of other persons; and NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF CYCLING ACTIVITIES or LOTUS CYCLING CLUB ACTIVITIES.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH CYCLING ACTIVITIES AND LOTUS CYCLING CLUB ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
CONSENT TO USE IMAGES
I hereby give the Releasees permission to use images of me (including any motion picture or still photographs made by Releasees, of my likeness, poses actions and appearances) ("images") for any purpose in connection with Lotus Cycling Club (the "Purposes"), which may include communication, advertising, promotion and marketing. Releasees may crop, alter or modify images of me and combine such images with other images, text, audio recordings and graphics without notifying me and at no cost to the Releasees. I consent to my name and any other information provided by me to Releasees being displayed in connection with the appearance of my image. I consent to any of my personal information, including images of me, being stored, accessed or disclosed within or outside of Canada.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
By signing up for Lotus Cycling Club I hereby acknowledge and agree that in consideration of being permitted to participate in Cycling Activities or any Lotus Cycling Club Activities:
- I hereby release the Releasees from all liability and responsibility whatsoever, and do hereby waive as against the Releasees all recourses, proceedings, claims and causes of action of any kind whatsoever, in respect of all personal injuries or property losses that I may suffer arising out of or connected with my preparation for, or participation in, Cycling Activities and Lotus Cycling Club Activities, even if such injuries or losses are caused solely or partly by the negligence of the Releasees.
- I also hereby acknowledge and agree that:
- The sport of cycling is very dangerous and exposes participants to many risks and hazards, some of which are inherent in the very nature of the sport itself, others of which result from human error and negligence on the part of other participants or on the part of the persons involved in preparing, organizing and conducting Cycling Activities or Lotus Cycling Club Activities;
- situations can arise during training rides, instruction and races, which are beyond the immediate control of the Releasees and racing officials or organizer, and I must continue to ride in a manner that is not endangering to myself or others;
- As a result of these risks and hazards, I as a participant of Lotus Cycling Club may suffer serious personal injury, even death, as well as property loss;
- Some of these risks and hazards are foreseeable, but others are not;
- I freely and voluntarily assume all these risks and hazards, and accordingly, my preparation for and participation in Cycling Activities and Lotus Cycling Club Activities will be entered at my own risk;
- I am physically capable of participating in Cycling Activities and Lotus Cycling Club Activities and that I have no pre‐existing conditions that would hinder my ability to participate;
- the Releasees do not assume any responsibility for my safety during the course of my preparation for or participation in Cycling Activities or Lotus Cycling Club Activities;
- I accept responsibility for the condition and safety of my equipment such as bicycle (and all of its components, wheels and tires) and will wear an ANSI approved hard shell helmet on all training rides or races;
- I will not hold the Releasees responsible for any loss or damage to property, including bikes, equipment, club jerseys or other cycling apparel;
- I understand and agree that materials, uniforms, products and services, produced by Lotus Cycling Club remain the property of Lotus Cycling Club and may be recalled at any time;
- I will comply with and to abide with all the policies & bylaws set by Lotus Cycling Club, Cycling BC and the Canadian Cycling Association;
- I will maintain a valid Cycling BC license while participating in all Cycling Activities. Should my license expire, I will terminate my participation with Lotus Cycling Club until my Cycling BC license is renewed;
- Lotus Cycling Club may revoke my membership for any reason whatsoever and agree the fees paid for membership are non-refundable;
- I have carefully read and accept Lotus Cycling Club's Code of Conduct which applies to all members and guests of Lotus Cycling Club;
- I understand clearly that by signing this release I will be forever prevented from suing or otherwise claiming against Lotus Cycling Club for any loss or damage connected with any property loss or personal injury, howsoever arising, that I may sustain while participating in or preparing for all Cycling Activities or Lotus Cycling Club Activities, or that may occur by the association with Lotus Cycling Club, whether or not such loss or injury is caused solely or partly by the negligence of Lotus cycling club;
- I have been given the opportunity and have been encouraged to seek independent legal advice before entering into this agreement and I have obtained some such advice or voluntarily opted not to do so;
- I understand clearly that Lotus Cycling Club would not permit me to participate in any Cycling Activities or Lotus Cycling Club Activities unless I signed this RELEASE AGREEMENT, that this RELEASE AGREEMENT applies to all Cycling Activities or Lotus Cycling 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 Activities or Lotus Cycling Club Activities in order for this RELEASE AGREEMENT to be effective;
- I have carefully read and fully understand, and I am freely and voluntarily agreeing to this RELEASE AGREEMENT by signing up for, or cycling with, or participating in any events or activities with, the Lotus Cycling Club;
- TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any injury, loss, damage or expense, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in Cycling Activities or Lotus cycling club Activities, 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.B.C. 1996, c. 337 ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN ANY CYCLING ACTIVITIES OR LOTUS CYCLING CLUB ACTIVITIES REFERRED TO ABOVE;
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in Cycling Activities or Lotus cycling club Activities;
- This RELEASE AGREEMENT is binding on me, my heirs, next of kin, my executors, administrators, personal representatives and assigns in the event of my death or incapacity;
This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction; and
- Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.
- 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 Activities or Lotus Cycling Club Activities, other than what is set forth in this Release Agreement;
- BY SIGNING ON WITH LOTUS CYCLING CLUB, I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO JOINING THE CYCLING TEAM, OR RIDING WITH THE CYCLING TEAM, 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 RELEASES;
- I am 19 years of age or older.