Assumption of Risk Contract - Rotary Club of Vancouver
Between: The Rotary Club of Vancouver Canada, The Rotary Hearing
Centre, the Rotary Club of Vancouver Hearing Foundation, their
members, Directors, Officers, Servants, Agents, and Ride-for-Hearing
officials, assistants, volunteers, licensors, suppliers, sponsors,
independent contractors and subcontractors, and the respective
servants, employees and contractors of such licensors, suppliers,
sponsors and contractors (collectively referred to as “the Club”)
And: The undersigned participant in the Rotary-sponsored
Ride-for-Hearing scheduled to be held June 29, 2025 (“the Participant”)
In consideration of being allowed to participate in the
Ride-for-Hearing, the Participant HEREBY ACKNOWLEDGES, RECOGNIZES AND
AGREES as follows:
1. The Ride-for-Hearing is not a race, but is a trip of up to 110
kilometers over public streets and highways with all the usual risks
of weather, traffic, and condition of the roads;
2. The Club, inclusive of all the constituent elements included in
the definition of the Club set forth above, provides administration on
a volunteer basis for the Ride-for-Hearing, but does not undertake to
provide competent or adequate supervision, guidance, medical
assistance, or insurance of any kind to protect or compensate the
Participant for any injury, death, or damage to or loss of property
which might occur in connection with the Ride-for-Hearing;
3. Each participant takes complete responsibility for their own
safety and health in all activities connected with the
Ride-for-Hearing and neither the Club as a whole, nor any of its
constituent elements, has assessed or will assess the Participant’s
health, safety or ability to participate, and they will not otherwise
provide for the safety of each or any participant;
4. I may allow any rider over 13 years of age to ride with me or
otherwise participate in the Ride-for-Hearing and I assume all
responsibility for the safety and health of any such rider who is
under the age of 19 years for all activities connected with the
Ride-for-Hearing, and I hereby agree to indemnify and save harmless
the Club from and against any and all claims for injury or death, or
damage to or loss of property suffered or incurred by any such person
under the age of 19 years by reason of such person’s participation in
all or any part of the Rotary Ride-for-Hearing and any activities
connected therewith;
5. ACCIDENTAL INJURY TO OR DEATH OF A PARTICIPANT, OR DAMAGE TO OR
LOSS OF PARTICIPANT’S PROPERTY, may be caused by the negligence of the
Club as a whole, or any of its constituent elements, which is released hereby.
6. NO LEGAL ACTION CAN OR WILL BE BROUGHT AGAINST THE CLUB as a
whole, or any of its constituent elements, the Participant, his
representatives, successors, or assigns in respect of such injury,
death, or damage to or loss of property.
7. The Club may in its sole and absolute discretion terminate a
rider’s participation in the Ride-for-Hearing, in which case the Club
shall inform the participant of its decision and shall offer to
transport the participant and the participant’s equipment to the end
of the ride and the Participant acknowledges and agrees that if such
offer is declined by the Participant, the Club shall be under no
obligation to provide further support or assistance to the Participant.
The Participant HEREBY ACCEPTS ALL PHYSICAL AND LEGAL RISKS OF INJURY
OR DEATH OR DAMAGE TO OR LOSS OF PROPERTY, WHETHER OR NOT SUCH INJURY,
DEATH, DAMAGE, OR LOSS IS CAUSED OR CONTRIBUTED TO BY THE NEGLIGENCE
OF THE CLUB AS A WHOLE, OR ANY OF ITS CONSTITUENT ELEMENTS, AND AGREES
THAT NO LEGAL ACTION CAN OR WILL BE BROUGHT AGAINST THE CLUB AS A
WHOLE, OR ANY OF ITS CONSTITUENT ELEMENTS, by the Participant, his
personal representatives, successors or assigns, in respect of such
negligence, injury, death, or damage to or loss of property, AND ALL
SUCH CLAIMS, DEMANDS AND LEGAL CAUSES OF ACTION ARE HEREBY RELEASED
UNCONDITIONALLY, however arising directly or indirectly.
Cycling BC - Non-Member Day of Insurance Release Agreement
BY SIGNING THIS DOCUMENT, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL
RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN
ACCIDENT. PLEASE READ CAREFULLY!
TO: Cycling British Columbia (“Cycling BC”) and all owners or
occupiers of venues or premises where Cycling 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”)
DEFINITION: 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.
SAFETY: 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 involves many risks, dangers, and hazards including, but
not limited to: 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.
I AM
AWARE OF THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH CYCLING
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.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT:
In
consideration of the RELEASEES agreeing to my participation in Cycling
Activities either as a member of Cycling BC or as a competitor, course
worker, official, volunteer, event organizer, guest, or member of the
media, 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 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, 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
CYCLING ACTIVITIES 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 Cycling Activities;
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 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
5. 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, other than what is set
forth in this Release Agreement.
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