Waiver

CLICK LINK BELOW TO PRINT WAIVER, Don't have a printer handy! No worries we will have a hard copy for you to sign on your first day.

https://docs.google.com/document/d/1idYC9NsSMzEF4j8Q4vqKMdIS6YZJczgGX27Ngc0MxvI/edit

RADCO Professional Mountain Bike Instruction

ASSUMPTION OF RISK, RELEASE OF LIABILITY AND PHOTOGRAPHY RELEASE

 

 READ CAREFULLY BEFORE SIGNING

 

 I understand that mountain biking, as well as preparation and participation in, coaching, volunteering, officiating and related activities in competitions, summer camps and clinics and coaching sessions (hereinafter collectively referred to as "Activities"), involve many RISKS, DANGERS and HAZARDS. These risks, dangers and hazards include, but are not limited to, changing weather, variations in steepness or terrain, natural and man-made obstacles and structures, equipment failure, collisions with objects or structures, being struck by competitors/riders or equipment, and exceeding one's own abilities. I further understand that competition may be more hazardous than recreational activity. I understand that INJURIES OF ALL TYPES ARE A COMMON AND ORDINARY OCCURRENCE of the Activities. I know that the risk of SEVERE INJURY and even DEATH exists in all training and competition locations and activities, including bicycle riding. I also know that personal training, coaching, instruction, supervision and enforcement of rules by the RADCO Professional Mountain Bike Instruction, its subsidiaries, affiliates, officers, directors, volunteers, employees, coaches, contractors and representatives, local Bike clubs, competition organizers and sponsors, landowners and facility operators (hereinafter the term "RPMBI" shall be used to refer to all such persons and entities collectively) do not and cannot guarantee my safety. With full knowledge and understanding of the RISK OF SEVERE INJURY AND DEATH involved in Biking programs and competition, I FREELY AND VOLUNTARILY ACCEPT AND FULLY ASSUME THE RISK THAT I MAY SUFFER TEMPORARY, PERMANENT OR EVEN FATAL INJURIES, even if I follow the instructions or advice of RPMBI.

 

 In partial consideration of RPMBI acceptance of my registration, and despite the risk of severe or permanent injury, or even death, the undersigned (hereinafter "Trainee/Competitor") agrees to comply with and be bound by the following terms at all times, whether training or practicing for competition, or in competition.

 

  1. Trainee/Competitor hereby unconditionally WAIVES AND RELEASES RPMBC FROM ANY AND ALL CLAIMS BY TRAINEE or COMPETITOR, AND AGREES TO HOLD HARMLESS, DEFEND AND INDEMNIFY RPMBI, FROM ANY CLAIMS, present or future, to Trainee/Competitor or his/her property, or to any other person or property, for any loss, damage, expense, or injury (including DEATH), suffered by any person from or in connection with Competitor’s participation in any Activities in which RPMBI is involved in any way, due to any cause whatsoever, INCLUDING NEGLIGENCE and/or breach of express or implied warranty on the part of RPMBI.

 

  1. Trainee/Competitor hereby RELIEVES RPMBC OF ANY DUTY TO PROTECT COMPETITOR FROM HARM in connection with any Activities in which RPMBI is involved in any way.

 

  1. Trainee/Competitor authorizes RPMBI to obtain medical care for, or transport him/her to a medical facility or hospital if, in the opinion of RPMBI medical attention is required and Trainee/Competitor is unable to make such decisions for himself/herself. Trainee/Competitor agrees to pay all costs associated with such medical care and related transportation and shall DEFEND, INDEMNIFY AND HOLD HARMLESS RPMBI of and from the consequences of such decision and from any such costs incurred relating to the provision of medical care.

 

  1. Trainee/Competitor agrees never to utilize any run, course or facility for any training, practice or competition without first conducting his/her own thorough visual inspection of the run, course or facility.

 

  1. This Agreement shall be construed in accordance with, and governed by the substantive laws of, the province of Ontario (for any injury or dispute arising out of the RPMBI), without reference to principles governing choice or conflicts of laws. In addition, Trainee/Competitor agrees that all lawsuits for personal injury or related loss against RPMBI must be maintained in courts sitting in the Province of Ontario, Durham Region District, and Trainee/Competitor consents and agrees that jurisdiction and venue for such proceedings shall lie exclusively with such courts. In the event, any portion of this release is found to be unenforceable, the remaining terms shall be fully enforceable.

 

  1. Trainee/Competitor agrees to allow RPMBI to use his/her photograph/video for any and all promotional purposes.

 

  1. I authorize the Organization to collect and use personal information about me for the purposes described in the Organization’s Privacy Policy. In addition, I authorize the RPMBI to: a)) Photograph and/or record my image and/or voice on still or motion picture film and/or audio tape, and to use this material to promote the sport through the media of newsletters, websites, television, film, radio, print and/or display form. I understand that I waive any claim to remuneration for use of audio/visual materials used for these purposes I understand that I may withdraw such consent at any time by contacting the Organization’s Privacy Officer. The Privacy Officer will advise the implications of such withdrawal.

 

  1. Trainee/Competitor acknowledges that the World Health Organization has classified the Coronavirus Disease (“COVID19”) outbreak as a global pandemic and is aware of the risks of COVID-19. Trainee/Competitor specifically acknowledge and agrees that he/she is aware of the risks to personal health, including by the failure to follow physical distancing, flowing from COVID-19, and that competitor assumes all health risks and adverse health related consequences (up to and including hospitalization or death) caused by or arising from engaging in any Activities (the “Assumed COVID Risks”).

 

  1. Trainee/Competitor acknowledges RPMBI is implementing OCA’s Return to Sport Policy (the “RTS Policy”), the most recent version of which will be posted from time to time on OCA’s website (please see https://www.ontariocycling.org/covid-19-information). Trainee/Competitor specifically acknowledges and agrees they are aware of the RTS Policy, he/she will abide by the RTS Policy, and that the RTS Policy is subject to all federal, provincial, municipal and public health authority laws, regulations, by-laws and orders as they may exist from time to time.

 

HAVING CAREFULLY READ THE FOREGOING AND UNDERSTANDING IT TO BE A LEGALLY BINDING RELEASE AND INDEMNITY AGREEMENT, TRAINEE/COMPETITOR SIGNIFIES HIS ASSENT TO THE ABOVE TERMS BY SIGNING BELOW: SIGNATURE OF PARENT OR GUARDIAN REQUIRED BELOW/ONLINE FOR MINOR TRAINEES/COMPETITORS

 

As the parent or guardian of the minor Trainee/Competitor named above, I hereby make and enter into each and every agreement, representation, waiver and release described above on behalf of myself, the Trainee/Competitor, and any other parent or guardian of the Trainee/Competitor, intending that they be binding on me, the Trainee/Competitor, and our respective heirs, executors, administrators and assigns. I intend to give up my right, the Trainee/Competitor's right, and the right of any other parent or guardian to maintain any claim or suit against "RPMBI” arising out of the Trainee/Competitor's participation in any Activities involving "RPMBI” in any way.

 

I believe and represent that I HAVE LEGAL AUTHORITY TO MAKE THESE AGREEMENTS, REPRESENTATIONS, WAIVERS AND RELEASES, AND I AGREE TO DEFEND AND INDEMNIFY "RPMBI” from and against any and all liability arising out of any lack of authority on my part to legally bind the Trainee/Competitor, or any unenforceability for any reason of the above agreements, representations, waivers and releases made by or on behalf of the Trainee/Competitor.

 

2022 RPMBI waiver

 

 

Print [Name of Adult Participant or Guardian of Minor]_________________________________

 

Print [Name of Minor Participant if applicable] ____________________________________

 

Signature ____________________________________ Date____________________