Actif Epica Ltd 2025 - Online Waiver PLEASE NOTE: We require ALL participants to sign our waiver. Signing this online waiver indicates that you have read and agree to the terms within the document. Organization Actif Epica Ltd and its directors, organizers, employees, volunteers, sponsors, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, successors, and assigns (all of whom are hereinafter referred to as "the Releasees"). Definition In this Release Agreement the terms running or cycling shall include all activities, services, and use of facilities either provided by or arranged by the Releasees, including, but not limited to: orientation and instruction sessions; recreational activities undertaken during the event; travel by bike or foot; all travel either within or beyond the designated course boundaries. Assumption of Risks I am aware that running or cycling races involve many inherent risks, dangers, and hazards, including but not limited to: exposed rock, earth, ice, or other natural objects; trees, tree wells, tree stumps, or forest deadfall; holes and depressions on or beneath the trail surface; variable and difficult weather conditions, changes or variations in the terrain which may create blind spots or areas of reduced visibility; streams or creeks; cliffs; crevasses; travel on city roads, paths, parks, riverbanks, or river trails; impact or collision with other bikes, runners, or vehicles, becoming lost or separated from guides or other participants; mechanical failure of bikes and related equipment; extreme and rapidly changing weather conditions; encounter with wildlife; the failure to operate a bicycle or running shoes safely or within one's own ability; negligence of other runners or cyclists and other persons; AND NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE BY THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE. Communication may be difficult and rescue, medical treatment, and evacuation may not be available or may be delayed in the event of an accident. Winter weather conditions may be extreme and can change rapidly and without warning. I AM AWARE OF THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH RUNNING OR CYCLING 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. Release of Liability, Waiver of Claims, and Indemnity Agreement In consideration of the RELEASEES agreeing to my participation in a running or cycling race and permitting my use of their services, equipment, and other facilities, and for other goods and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows: 1. 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 loss, damage, expense, or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in a running or cycling event 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 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS OF PARTICIPATING IN RUNNING OR CYCLING REFERRED TO ABOVE; 2. 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 running or cycling races; 3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity; 4. 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 where the running or cycling race takes place and no other jurisdiction; 5. Any litigation involving the parties to this Release Agreement shall be brought solely within the province where the running or cycling race takes place and shall be within the exclusive jurisdiction of the Courts of that province. 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 participating in running or cycling, other than what is set forth in this Release Agreement. I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, 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. |