BIKE RIDE TO CAMPFIRE CIRCLE MUSKOKA OPEN HOUSE
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK WARNING AND INDEMNIFICATION AGREEMENT
WARNING: PLEASE READ CAREFULLY BEFORE SIGNING!
THIS IS A RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION
This is a legally-binding Assumption of Risk, Release from Liability, and Waiver of Rights (the “Release”), made by ____________________________ (“Me” or “I” or “Releasor”), which is binding on Me and my representatives, dependents, heirs, executors, administrators, assigns and next of kin (collectively, the “Releasors”) for the entirety of the event.
For good and valuable consideration received, including but not limited to the privilege of participating in a Bike Ride (as defined at paragraph 1 below), the adequacy of which is hereby acknowledged, I agree with CAMPFIRE CIRCLE, for the benefit of them and each of their respective agents, employees, volunteers, directors, officers, sponsors, contractors, successors and assigns (collectively, the “Releasees”) as follows:
1. I acknowledge that there are inherent dangers and risks to which I may be exposed by participating in an bicycle ride taking place on July 14, 2024 to Campfire Circle’s Muskoka site in Ontario, Canada (the “Bike Ride”), and I assume all such dangers and risks including but not limited to accidents on roadways with motor vehicles or other participants. I also acknowledge that the Releasees do not require my Participation in the Bike Ride, that I am doing so voluntarily and that I want to do so, despite the possible dangers and risks involved in the Bike Ride. I also acknowledge that the Releasees are not responsible in any way for arranging for such insurance or documents.
2. I acknowledge that the Releasees make no representation or warranty regarding the safety of any equipment, road conditions or any other circumstance whatsoever relating to the Bike Ride and my Participation in the Bike Ride. RECOGNIZING THESE RISKS AND DANGERS, I VOLUNTARILY CHOOSE TO PARTICIPATE IN THE BIKE RIDE AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE BIKE RIDE, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE. I further understand that Campfire Circle is providing minimal support which does not constitute, and will not in any way be construed by me as constituting, the Releasees’ assumption of any liability with respect to any injury or damage that I may incur as a result of my Participation in the Bike Ride. I also acknowledge that it is my sole responsibility to obey all provincial, federal and local traffic laws along the Bike Ride route and that the Releasees make no representations or warrantees whatsoever on the safety of the proposed routes nor are the Releasees providing support or safely vehicles along the same.
I ACKNOWLEDGE THAT THE RELEASEES TAKE NO RESPONSIBILITY IN (a) that I have sufficiently trained for my Participation in the Bike Ride; (b) I am physically fit enough for my Participation in the Bike Ride, and that I have not been advised otherwise by a qualified health professional; (c) I have sufficient insurance to cover any medical condition or physical injury that I may sustain as a result of my Participation in the Bike Ride including medical, travel and life insurance; (d) if I become ill or injured during my Participation in the Bike Ride, the RELEASEES are not required to provide first aid and/or medical treatment and/or to seek emergency medical services as deemed necessary and to provide information about my medical condition and history to third party caregivers.
3. I FURTHER ACKNOWLEDGE THAT THE EVENT ORGANIZERS WILL NOT BE LIABLE IN ANY WAY IF I CONTRACT COVID-19 AS A RESULT OF MY PARTICIPATION IN THE BIKE RIDE.
4. I agree, acknowledge, and understand that consuming or being under the influence of illegal narcotics, is absolutely prohibited during my participation in the Bike Ride, and that consuming or being under the influence of illegal narcotics, while participating in the Bike Ride greatly increases the risks to my health and safety, and the health and safety of other participants and volunteers. I ACKNOWLEDGE THAT THE RELEASEES TAKE NO RESPONSIBILITY WHATSOEVER FOR MONITORING consumption of such substances by me or other participants.
5. I agree, acknowledge, and understand that consuming or being under the influence of alcohol or cannabis is absolutely prohibited until cycling has been completed for the day with the arrival at the end destination (riders) and/or at the effective cessation of assigned daily duties (support staff and volunteers), and that consuming or being under the influence of alcohol or cannabis while participating in the Bike Ride greatly increases the risks to my health and safety, and the health and safety of other participants. I ACKNOWLEDGE THAT THE RELEASEES TAKE NO RESPONSIBILITY WHATSOEVER FOR MONITORING consumption of alcohol or cannabis by me or other participants. Should participants decide to consume alcohol and/or cannabis following the completion of cycling and/or assigned duties for the day, they agree that they will do so safely and responsibly at all times.
6. I hereby forever release, discharge, hold harmless and indemnify the Releasees from and for any and all liability, damages, losses, costs, expenses, claims and demands, including attorneys’ fees, of whatever kind or nature, either at law or in equity, now existing or hereafter arising, which arise from or are in any way related to (a) any breach of this Release by any Releasors or (b) my Participation in the Bike Ride or (c) cancellation of my Participation in the Bike Ride, including DEATH, LOSS, PROPERTY DAMAGE OR EXPENSE, I MAY SUFFER, ARISING IN WHOLE OR IN PART OUT OF MY PARTICIPATION OR CANCELLED PARTICIPATION IN THE BIKE RIDE, INCLUDING, BUT NOT LIMITED TO, THOSE CLAIMS BASED ON ANY RELEASEE'S ALLEGED OR ACTUAL NEGLIGENCE OR BREACH OF ANY CONTRACT AND/OR EXPRESS OR IMPLIED WARRANTY OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING IN ONTARIO ANY DUTY OF CARE UNDER THE OCCUPIERS LIABILITY ACT. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF ANY RELEASEE TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE BIKE RIDE, INCLUDING BUT NOT LIMITED TO COSTS AND EXPENSES THAT THE PARTICIPANT OR VOLUNTEER MAY INCUR SHOULD THEIR TRAVEL PLANS BE ALTERED AS A RESULT OF COVID-19.
7. I hereby waive any and all rights I have to initiate a lawsuit or otherwise assert a claim against the Releasees regarding any Liability, or against any other person (including another participant in the Bike Ride), sponsor of the Bike Ride, partnership, corporation, or other entity which might claim contribution, indemnity or other relief over or against the Releasees at law or in equity with respect to any of the matters to which this Release applies.
8. I acknowledge that (a) I have had a lawyer of my own choosing review and explain this Release to me, or I have voluntarily decided not to have a lawyer review and explain this Release to me; (b) this Release binds my representatives, dependents, heirs, executors, administrators, assigns and next of kin; and (c) this Release will be raised as an absolute bar or estoppel to any such lawsuit or claim that I or any other Releasors may initiate or assert against a Releasee;
9. This Release shall be governed by the laws of the Province of Ontario, including its choice of law rules, and the Releasors irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any lawsuit initiated or claim asserted with respect to or under this Release, and agrees that any such lawsuit or claim may be initiated or asserted solely in a court of competent jurisdiction located in the Province of Ontario.
10. I understand that this Release is a contract and shall be binding to the fullest extent permitted by law. If I choose to take part in any renewal or follow-on Bike Ride or similar event sponsored by the Releasees, this Release will remain in effect for so long as I participate in such Bike Ride or event. If any part of this Release is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is my intent that this Release shall be binding upon my assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives.
11. I agree, acknowledge, and understand that the RELEASEES have no role or discretion to cancel my participation in the Bike Ride at any time for whatsoever reason.
THE RELEASOR HAS READ AND UNDERSTANDS THIS RELEASE AND IS AWARE THAT BY EXECUTING THIS RELEASE IT IS WAIVING AND RELEASING ALL RIGHTS IT MAY HAVE AGAINST THE RELEASEES.
AGREEMENT IN FULL FORCE AND EFFECT FOR ENTIRETY OF VISIT TO THE CAMP