Cannondale XCMarathon 4: Turkey Point

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 CAREFULLY!

In consideration for allowing me to participate in any or all events and related activities of The Canadian Adventure Racing Association and Substance Projects Inc.. I hereby warrant and agree that:

1.              I am familiar with and accept that there is always the risk of serious injury and death resulting from participation in any organized recreational activity particularly those involving Bike Racing and like activities offered as part of the programme of The Canadian Adventure Racing Association and Substance Projects Inc. and

2.              I have satisfied myself, and believe, that I am physically, emotionally and mentally able to participate in this programme, and that my equipment, if applicable, is appropriate for use in this programme; and

3.              I understand that all applicable rules for participation must be followed and that at all times the sole responsibility for personal safety remains with me; and

4.              I will immediately remove myself from participation, and notify the nearest official, if at any time I sense or observe any unusual hazard or unsafe condition or if I feel that I have experienced any deterioration in my physical, emotional or mental fitness, or that of my equipment, or exceeded my comfort level, for continued participation in any event or related activity.

I UNDERSTAND AND AGREE, ON BEHALF OF MYSELF, MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN THAT MY EXECUTION OF THIS DOCUMENT CONSTITUTES:

1.              AN UNQUALIFIED ASSUMPTION  BY ME OF ALL RISKS associated with my participation in the any or all of the events and activities of The Canadian Adventure Racing Association and Substance Projects Inc. even if arising from the negligence or gross negligence, including any compounding or aggravation of injuries caused by negligent rescue operations or procedures, of Burning Kiln Winery, Bayvin Ecological Developments Inc., FC De Leebeeck Frams Limited, Norfolk County, St Williams Conservation Reserve Council, His Majesty the King in Right of Ontario as represented by the Minster of Natural Resources and Forestry, any event organizer, event venue and any and all persons associated therewith or participating therein in any capacity; or in transportation to and from such events and activities, and

2.              A FULL AND FINAL RELEASE AND WAIVER OF LIABILITY AND ALL CLAIMS that I have, or may in the future have, against the Burning Kiln Winery, Bayvin Ecological Developments Inc., FC De Leebeeck Frams Limited, Norfolk County, St Williams Conservation Reserve Council, His Majesty the King in Right of Ontario as represented by the Minster of Natural Resources and Forestry, all associated sponsors and partners, and their respective directors, officers, employees, coaches, leaders, contractors, agents and representatives, advertisers, volunteers, others participating in any capacity, (all of whom are collectively referred to as “the Releasees”) from any and all liability for any loss, damage, injury or expense that I may suffer as a result of my use of or my presence at event facilities, or my participation in any part of, or presence at, any or all of the events and related activities of the Releasees due to any cause whatsoever, INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE RELEVANT OCCUPIERS LIABILITY ACT ON THE PART OF THE RELEASEES.

3.              AN AGREEMENT NOT TO SUE THE RELEASEES for any loss, injury, costs or damages of any form or type, howsoever caused or arising, and whether directly or indirectly, from my participation in any aspect of the said events and related activities; and

4.              AN AGREEMENT TO INDEMNIFY, and to SAVE and HOLD HARMLESS the RELEASEES, and each of them, from any litigation expense, legal fees, liability, damage, award or cost, of any form or type whatsoever, they may incur due to any claim made against them or any one of them whether the claim is based on the negligence or the gross negligence of the Releasees or otherwise.

5.              an agreement that this document be governed by the laws, and in the courts of the Province of Ontario.

 PHOTOGRAPHIC RELEASE

I grant permission to the Event Organizers to use or authorize others to use any photographs, motion pictures or any other record of my volunteering for the Event, without remuneration, for any purpose including without limitation, commercial use. 

 I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN SUBSTANTIAL LEGAL RIGHTS WHICH I AND MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY HAVE AGAINST THE RELEASEES.