RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK AND
INDEMNITY AGREEMENT (the “Release Agreement”)
BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR ANY DAMAGES, HOWSOEVER CAUSED.
PLEASE READ CAREFULLY.
To: London Cycle Link Association and its directors, officers, shareholders, members, employees, volunteers, agents, sponsoring agencies, sponsors, advertisers, representatives, contractors, successors and assigns (the “Releasees”).
In consideration of the Releasees permitting my participation in any way in Glow Ride, a nighttime bicycle ride held in London, Ontario on October 14, 2023 (the “Event”), the undersigned acknowledges, appreciates and agrees that;
1. ASSUMPTION OF RISK: I am aware that participating in the Event involves many inherent risks, dangers and hazards including but not limited to cycling over uneven, wet or rough surfaces, travel in close proximity to motor vehicles and cyclists, collisions with motor vehicles, cyclists, buildings, objects or pedestrians, and other hazards related to my participation in the Event, lack of awareness on the part of the Releases as to my health, skill or ability to participate in the Event, and negligence on the part of the Releasees, including the failure on the part of the Releasees to take reasonable steps to safeguard or protect me from the risks, dangers and hazards of participating in the Event. Such risks, dangers and hazards from participating in the Event are significant and include the possibility of death, paralysis, personal injury, property damage, theft or loss.
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS and the possibility of personal injury, property damage or loss resulting therefrom, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation in the Event. I acknowledge that such risks simply cannot be eliminated from the Event. My participation in the Event is purely voluntary. I agree to, at all times, inspect my surroundings for possible risk and determine for myself that conditions are acceptable for me to commence or continue my participation. I agree that it is my responsibility to provide a bicycle of good and sufficient quality and to use such bicycle properly. I acknowledge that the Releasees are not responsible for active direct supervision of my participation in the Event. If I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such hazard to the attention of the nearest Releasee immediately. I acknowledge and agree that I am responsible for the safety and supervision of any minors whom I have brought to the Event and that I shall directly and actively supervise each such minor during his or her participation in the Event. I understand that not wearing a helmet may increase my risk of injury and if I wear a helmet it is my responsibility to provide a helmet of good and sufficient quality and to use any such helmet properly. I agree that I will not consume any alcohol or any other substance which would impair my sense or judgment prior to or while participating in the Event and have not consumed any such substances within such time period as may cause impairment during my participation in the Event. I also agree my attendance, commencing or continuing, indicates acceptance of all hazards involved.
3. RELEASE OF LIABILITY, WAIVE OF CLAIMS AND INDEMNITY: In consideration of the Releasees allowing me to participate in any way in the Event, I hereby agree as follows:
(a) to waive any and all claims that I have or may have in the future 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 the 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, RSO 1990, c O2, on the part of the Releasees, and further including the failure on the part of the Releasees to take reasonable steps to safeguard or protect me from the risks, dangers and hazards of participating in the Event;
(b) that the Releasees are not liable or responsible for any damage to, loss or theft of my property; and,
(c) to hold harmless and indemnify the Releasees from any and all liability for any damage, loss, claim, action, suit or personal injury resulting, directly or indirectly, from my participation in the Event. I further agree that if despite this Release Agreement, I, or anyone on my behalf, makes a claim against any of the Releasees, I will indemnify, save and hold harmless each of the Releasees from any litigation expenses, legal fees, loss, liability, damage or cost which may incur as the result of such claim.
4. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives. 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 of Ontario and no other jurisdiction, and any litigation involving the parties to this Release Agreement shall be brought solely within the Province of Ontario and shall be within the exclusive jurisdiction of the Courts of Ontario.
5. By 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 the Event, other than what is set forth in this Release Agreement.
6. I agree to, at all times, obey all applicable laws, including but not limited to the Highway Traffic Act, RSO 1990, c H8, the Criminal Code, RSC 1985, c C-46 and City of London By-laws.
7. I confirm that I have read and understood this Release Agreement prior to signing it, have had sufficient opportunity to review its terms, that I fully understand its terms, and I am aware that by signing this Release Agreement I am waiving substantial legal rights which I or my heirs, next of kin, executors, administrators, assigns and representatives, may have against the Releasees, and that I am signing this Release Agreement freely and voluntarily, realizing that it is a legally binding document.
8. This Release Agreement shall continue indefinitely.
9. I confirm that I have been provided with an opportunity to request a copy of this Release Agreement.
Date:
Participant’s Name: