Change the Cycle 2025 Waiver WAIVER
CHANGE THE CYCLE
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, INDEMNITY, COLLECTION OF PERSONAL INFORMATION AND IMAGES AGREEMENT (the “Agreement”)
BY REGISTERING AND ACKNOWLEDGING THIS WAIVER, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT. PLEASE READ CAREFULLY!
TO: Canadian Mental Health Association, Haliburton, Kawartha, Pine Ridge, its directors, officers, employees, agents, contractors and volunteers, and their respective personal representatives, successors and assigns (the “Releasee”)
DEFINITIONS
1. “Event” means Change the Cycle, a bicycle ride fundraiser; and
2. “Event Activities” means all activities associated with the Event, including but not limited to, participating in the Event as a volunteer, an observer or by riding a bicycle.
ASSUMPTION OF RISK
I am aware that participating as volunteer or participant in the Event involves many inherent risks, dangers and hazards. I assume full responsibility for all such risks, including but not limited to: any manner of injury resulting from biking, impact or collision with barriers or other participants, weather and terrain conditions, medical illnesses or emergencies; negligence of other participants; AND NEGLIGENCE OF THE RELEASEE, INCLUDING FAILURE OF THE RELEASEE TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE EVENT ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PERMANENT DISABILITY, PROPERTY DAMAGE, LOSS OF INCOME OR LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, INDEMNITY
In consideration of my participation in the Event Activities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1. I WAIVE ANY AND ALL CLAIMS THAT I HAVE OR MAY HAVE AGAINST THE RELEASEE AND RELEASE THE RELEASEE from any and all liability for any loss, damage, expense, or injury, including death, that I may suffer, or that my family or next of kin may suffer as a result of my participation in, or in any way connected with, the Event 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 RELEASEE, AND THE FAILURE OF THE RELEASEE TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE EVENT ACTIVITIES.
2. I WILL HOLD HARMLESS AND INDEMNIFY THE RELEASEE from any litigation expense, legal fees, liability, damages, awards or costs and expenses of any type whatsoever that result from my participation in the Event Activities.
3. I WILL NOT TO SUE THE RELEASEE for any loss, injury, costs or damages of any form or type arising directly or indirectly from my participation in the Event Activities.
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4. I AM SOLELY RESPONSIBLE FOR determining whether I am physically fit to participate in the Event. I am responsible for supplying my own bicycle and cycling equipment. I acknowledge that I must wear a helmet when bicycling in the Event.
5. The Releasee may at its discretion revoke my privileges to participate in the Event Activities.
6. This Agreement shall be binding and effective on my heirs and personal representatives.
7. If any portion of this Agreement is declared or held to be invalid for any reason, the invalidity will not affect the validity of the remainder of this Agreement which will continue in full force and effect and be construed as if this Agreement had been executed without the invalid portion.
PERSONAL INFORMATION AND IMAGES
The Releasee may collect and use my personal information, including my name, image and likeness in all forms of media, for the purpose of the administration, management and promotion of Change the Cycle, and may disclose to Canadian Mental Health Association National my personal information for such purpose.
JURISDICTION: This Agreement shall be governed by and construed in accordance with the laws of Ontario and the laws of Canada applicable therein. Any litigation involving the parties to this Agreement shall be within the exclusive jurisdiction of the Courts of Ontario.
I AM NOT RELYING ON ANY ORAL OR WRITTEN REPRESENTATION OR STATEMENT MADE BY THE RELEASEE EXCEPT AS SET FORTH IN THIS AGREEMENT.
BY REGISTERING, I AGREE THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT, AND I AM AWARE THAT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS AND PERSONAL REPRESENTATIVES MAY HAVE AGAINST THE RELEASEE.
I agree