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Bicycle Breeze

Waiver

Definition

In this agreement, the term “Cycling Activities” includes all activities in any way related to the use of a bicycle, whether as part of a guided tour, event, race, or through the independent rental and use of a bicycle without participation in any organized activity. This includes, but is not limited to: orientation and instruction sessions; transportation or travel of any kind; loading or unloading of vehicles; all activities taking place on the road or trail; and any recreational
activities offered in addition to a bicycle event by Bicycle Breeze.

Assumption of Risk

I am aware that bicycling activities involve risks, dangers, and hazards, including but not limited to:

  • Accidents occurring during transportation or travel to and from any bicycle activity: Falling from a bicycle.
  • Impact or collision with rocks, trees, logs, debris, or vehicles (including cars, trucks, buses, bicycles, scooters, motorcycles, boats, rafts, or any motorized or non-motorized vehicle)
  • Encounters with domestic or wild animals.
  • Negligence of other cyclists, participants, boaters, or rafters.
  • Negligence of other parties participating in activities offered by or associated with Bicycle Breeze.
  • Negligence on the part of Bicycle Breeze, including failure to safeguard or protect me from risks, dangers, and hazards associated with bicycling and related activities.
  • I freely accept and assume all risks, dangers, and the possibility of personal injury, death, property damage, or loss resulting from my participation in any Cycling Activities. I am aware that the physical exertion required for these activities may activate or aggravate preexisting injuries, conditions, symptoms, or congenital defects.
  • I understand that if I know or suspect that my physical condition may be incompatible with bicycling, walking, or any other activities, I should obtain medical advice before

Release of Liability, Waiver of Claims, and Indemnity Agreement

In consideration of Bicycle Breeze permitting my participation in Cycling Activities and allowing my use of its equipment, vehicles, parking areas, accommodations, and facilities and for other good and valuable consideration, the receipt of which is hereby acknowledged, I agree
to the following:

1. WAIVER OF CLAIMS
To waive any and all claims that I have or may have in the future against Bicycle Breeze, its directors, officers, employees, agents, guides, leaders, instructors, independent contractors, subcontractors, and representatives (collectively, the “RELEASEES”).

2. RELEASE FROM LIABILITY
To release the RELEASEES from any and all liability for any loss, damage, expense, or injury, including death, that I or 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 the failure of the RELEASEES to protect me from risks, dangers, and hazards associated with these activities.

3. INDEMNITY
To hold harmless and indemnify the RELEASEES from any and all liability for property damage or personal injury suffered by any third party as a result of my participation in Cycling Activities.

4. BINDING EFFECT
This agreement is binding upon my heirs, next of kin, executors, administrators, and assigns in the event of my death.

5. GOVERNING LAW
This agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario. Any litigation involving the parties shall be brought exclusively within the Province of Ontario.

6. NO OTHER REPRESENTATIONS
I confirm that in entering into this agreement, I am not relying on any oral or written statements or representations made by the RELEASEES regarding the safety of bicycling, walking, whitewater, or related activities, other than what is expressly stated in this agreement.

By continuing to utilize our services, you state that: I have read and fully understood this agreement. I am aware that by procuring the services offered by Bicycle Breeze, I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators, and assigns may have against the RELEASEES.