Halifax Cycling Coalition WAIVER, RELEASE, & INDEMNITY Logo
  • RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT

    (hereinafter referred to as the “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

     

    You agree that this agreement may be signed with an electronic signature, that an electronic signature shall be valid and binding for all purposes, and hereby waive any objection to use of an electronic version of this agreement as a substitute for the original for any legally recognized purpose.

  • DEFINITIONS

    Halifax Cycling Coalition and its (their) directors, officers, employees, volunteers, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors, insurers, insurance intermediary and assigns (all of whom are hereinafter referred as “the Releasees”).

    In this Release Agreement: the term "Biking" 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, tour; travel by bike.

  • ASSUMPTION OF RISKS
    I am aware that Biking ( inclusive of Road & Mountain Biking) involves many inherent risks, dangers and hazards, including but not limited to: broken, uneven or slippery pavement, traffic exposures, exposed rock, earth, ice or other natural objects; trees, tree wells, tree stumps, forest deadfall; holes and depressions on or beneath the trail or surface; variable and difficult weather conditions; changes or variations in the terrain which may create blind spots or areas of reduced visibility; streams and creeks; cliffs; crevasses; travel on back-country roads; snowcat roads, road-banks and cut-banks; impact or collision with other bikes and vehicles, becoming lost or separated from the guides or other participants; mechanical failure of bikes and related equipment; extreme and rapidly changing weather conditions; the failure to operate a bike safely or within one's own ability; negligence of other bikers 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. I am aware infectious or communicable disease contracted through viruses, COVID, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact or the negligence of other persons is also a risk.
    I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH BIKING AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, PROPERTY DAMAGE TO YOUR BIKE OR LOSS RESULTING THEREFROM.

  • RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
    In consideration of the RELEASEES agreeing to my participation in biking and permitting my use of their services, equipment and other facilities, and for other good 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 biking, 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 BIKING 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 biking;
      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;
    3. 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 biking takes place and no other jurisdiction; and
    4. Any litigation involving the parties to this Release Agreement shall be brought solely within the province where the biking 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 biking, 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.

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  • PARENTAL CONSENT FOR MINOR PARTICIPATION

    I have read and understood this document and have discussed the same with the minor family members listed below. In consideration of the participation of my minor child(ren)/ward(s) I too agree to the terms of this document. I am aware that by signing this agreement I am waiving substantial legal rights, which my child(ren)/ward(s) and I, our respective heirs, executors, administrators and next of kin may have against the Releases.

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