RELEASE, WAIVER AND ASSUMPTION OF RISK (A) I hereby acknowledge and agree that in consideration of being permitted to participate in Heartland Tour: 1. I do hereby release the Cardiac Cycle Society of Nova Scotia, Heartland Tour, their members, officers, directors, employees, independent contractors and agents from all proceedings, claims and causes of action of any kind whatsoever, in respect of all personal injuries or property losses which I may suffer arising out of or connected with my preparation for, or participation in, the aforesaid Heartland Tour, notwithstanding that such injuries or losses may have been caused solely or partly by the negligence of the Cardiac Cycle Society of Nova Scotia, Heartland Tour or any of their members, officers, directors, employees, independent contractors or agencies. 2. And, I do hereby acknowledge and agree: (a) that the sport of cycling exposes participants to many risks and hazards, some of which are inherent in the very nature of the sport itself and others which may result from human error and negligence on the part or the persons involved in preparing, organizing and staging Heartland Tour; (b) that as a result of the aforesaid risks and hazards, I as a participant, may suffer serious personal injury, even death as well as property loss; (c) that some of the aforesaid risks and hazards are foreseeable, but others are not; (d) that I nevertheless freely and voluntarily assume all the aforesaid risks and hazards, and that, accordingly, my preparation for, and participation in, the aforesaid Heartland Tour shall be entirely at my own risk; (e) that I understand that neither the Heartland Tour nor any of their members, officers, directors, employees, independent contractors or agents assume any responsibility whatsoever for my safety during the course of my preparation for, or participation in, the aforesaid Heartland Tour; (f) that I have carefully read the RELEASE, WAIVER AND ASSUMPTION OF RISK agreement, that I truly understand same, and that I am freely and voluntarily executing same; (g) that I understand clearly that by agreeing to this Release, I will be forever prevented from suing or otherwise claiming against the Heartland Tour, their members, officers, directors, employees, independent contractors and agents for any loss or damage with respect to any property loss or personal injury that I may sustain while participating in or preparing for any of the activities, whether or not such loss or injury is caused solely or partly by the negligence of the Heartland Tour or any of their members, officers, directors, employees, independent contractors or agents. (h) that I have been given the opportunity and have been encouraged to seek independent legal advice prior to signing the agreement. (i) that I understand clearly that the Heartland Tour would not permit me to participate in any such Heartland Tour unless I signed this RELEASE, WAIVER, and ASSUMPTION OF RISK agreement, that this RELEASE, WAIVER AND ASSUMPTION OF RISK agreement applies to all aforesaid Heartland Tour activities whether occurring in the near or distant future, and that the terms of this Agreement need not be brought to my attention each time I participate in a Heartland Tour in order to be effective. (j) that the term " Heartland Tour " as used in this RELEASE, WAIVER AND ASSUMPTION OF RISK agreement includes, without limiting, the generality of that term, all activities as well as all other races, training sessions, clinics, programs and events that are in any way authorized, sanctioned, organized or operated by Heartland Tour or both of them. (k) that this RELEASE, WAIVER AND ASSUMPTION OF RISK agreement is binding on myself, my heirs, my executors, administrators, personal representatives and assigns. (l) that at the time of agreeing to this document I am 19 years of age or older. |