By agreeing to this document's terms you will waive certain legal rights, including the right to sue in circumstances outlined in this Agreement. Please read carefully. This is a binding legal agreement; therefore clarify any questions or concerns before signing.
As a Participant in the sport of cycling and/or the events, programs, races and activities organized, operated, conducted and/or sanctioned by COMMON EMPIRE INC. (the “Organization”), the undersigned being the Participant acknowledges and agrees to the following terms:
TO: COMMON EMPIRE (the Organization), and their respective directors, officers, committee members, members, employees, volunteers, participants, agents and representatives (collectively known as the “Organization”) is not responsible for any injury, personal injury, allergic reaction due to foods or drinks consumed, damages, property damages, expenses, loss of income or loss of any kind suffered by a Participant during, or as a result of, the sport of cycling & hiking, dining and any program, activity or event and meals provided by the Organization, caused by the risks, dangers and hazards associated with the sport of cycling & hiking and the programs, activities and events of the Organization, or caused in any manner by the Organization, including without limiting the foregoing, by the negligence of the Organization.
WEARING HELMETS & LIGHTS on all bicycles at all times for visibility & to avoid head injuries is mandatory. Wearing earbuds for music is prohibited by law in Quebec.
The participant acknowledges that in the event of an accident or sickness he/she has obtained Health & Travel Insurance and is responsible for any costs of medical treatment. The Organization shall not be liable for personal injury or death nor damages resulting from the use of any rental items or activities including meals. The use of the bicycle or any rental items is carried out at your own risk. The participation in the Organization's activities and guided tours is at your own risk and you participate at your own volition.
ASSUMPTION OF RISKS: I am participating voluntarily in the sport of cycling, mountain biking and/or hiking and the activities, events and programs of the Organization. In consideration of my participation in the sport of cycling and the programs, activities and events of the Organization, I hereby acknowledge that I am aware of the risks, dangers and hazards associated with or related to the sport of cycling and the programs, activities and events of the Organization and that I may be exposed to such risks, dangers and hazards. The risks, dangers and hazards include, but are not limited to, injuries from: the sports of cycling including road cycling, gravel cycling & mountain biking; hiking off-road on trails; executing strenuous and demanding physical techniques in cycling and/or exerting and stretching various muscle groups; vigorous physical exertion, rapid movements, quick turns and stops, and strenuous cardiovascular workouts; mounting, dismounting or falling off a bicycle; falling, tumbling or hitting any ground, surface, concrete, road or other motor vehicles & other surfaces; physical contact with other participants (including those engaged in the programs, activities and events); injuries resulting from slips, trips, and falls sustained while on course or at any of the accommodations provided by the Organization; failure to properly use any equipment, the mechanical failure of any piece of equipment or inadequate safety equipment, improper maintenance or adjustment of equipment; contact, collisions or being struck by other participants, pedestrians, fixed objects, spectators, equipment or vehicles; road conditions, terrains and vehicular traffic while cycling; failure to stay within the designated course area or within two kilometres (2 km) of the guide provided by the Organization; extreme weather and temperature conditions which may result in dehydration, heatstroke, sunstroke or hypothermia; spinal cord injuries which may render me permanently paralyzed and/or maimed; travel to and from events; and the use of rented bicycles. Furthermore, I am aware that injuries sustained can be severe; that I may experience anxiety while challenging myself during the sport of cycling and the activities, events and programs; that my risk of injury is reduced if I follow all rules established for participation; and that my risk of injury increases as I become fatigued.
RELEASE OF LIABILITY, WAIVER OF CLAIMS & INDEMNITY AGREEMENT. In consideration of the Organization allowing me to participate, I AGREE: that my physical condition has been verified by a medical doctor to participate in the sport of cycling, mountain biking & hiking and in the activities, events and programs of the Organization; that the rules of participation must be followed and that the sole responsibility for my safety remains with me, including physical and emotional preparation and fitness; to discontinue participation if I sense or observe any unusual hazard or unsafe condition, or feel unable or unfit to safely continue; and to assume all risks arising out of, associated with or related to my participation.
I FURTHER AGREE TO WAIVE ANY & ALL CLAIMS that I may have now or in the future against the Organization; to freely accept and fully assume all such risks and possibility of personal injury, death, property damage, expense and related loss, including loss of income, resulting from my participation in the activities, events and programs of the Organization; and TO FOREVER RELEASE the Organization from any and all liability for any and all claims, demands, actions, damages (including direct, indirect, special and/or consequential), losses, actions, judgments, and costs (including legal fees) (collectively, the “Claims”) which I may have or may in the future, that might arise out of, result from, or relate to my participation in the sport of road cycling, mountain biking or hiking, my presence at any venue, consumption of meals provided, the events, activities or programs of the Organization, and/or my travelling to or from the events, activities or programs of the Organization, even though such Claims may have been caused by any manner whatsoever, including but not limited to the negligence, gross negligence, negligent rescue, omissions, carelessness, breach of contract and/or breach of any duty of care of the Organization.
I ALSO AGREE: (1) TO HOLD HARMLESS AND INDEMNIFY THE ORGANIZATION from any and all liability for any damage to property of, or personal injury to, any third party resulting from my use of or presence on the facilities; (2) 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 of Ontario, Canada and no other jurisdiction; (4) any litigation involving the parties to this Release Agreement shall be brought solely within the Province of Ontario, Canada and shall be within the exclusive jurisdiction of the Courts of the Province of Ontario, Canada; (5) in entering into this Release Agreement I am not relying upon any oral or written representations or statements made by the Organization with respect to the safety of cycling & hiking other than what is set forth in this Release Agreement; and (6) PHOTO/VIDEO RELEASE — I consent to photographs/videos taken of me during my participation with the Organization and to the publication of the photographs & videos by the Organization for advertising, promotional and marketing purposes. I release the Organization from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, which may occur or be produced in the taking of said picture or video and the publication thereof. I also waive any right that I may have to inspect and/or approve the finished product that may be used in connection therewith or the use to which it may be applied.
I CONFIRM & UNDERSTAND I have executed this agreement voluntarily, and in the event of my death or incapacity that this agreement becomes effective and is to be binding upon myself, my heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives.
I CONFIRM THAT I HAVE READ & UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE ORGANIZATION.