RELEASE AND WAIVER OF LIABILITY AND
ASSUMPTION OF RISK AGREEMENT
BY SIGNING THIS AGREEMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
PLEASE READ THIS DOCUMENT CAREFULLY
Please select who will be participating:
First Minor's Information
Second Minor's Information
Third Minor's Information
Fourth Minor's Information
Fifth Minor's Information
Sixth Minor's Information
Participant's Address
I,
,
,
,
,
,
,
acknowledge and agree that in consideration of being permitted to participate in bicycle ride / tour organized, staged and/or operated by Myra Canyon Bicycle Rentals and Tours, INC.
1. I, the Participant, DO HEREBY RELEASE Myra Canyon Bicycle Rentals and Tours Inc. and its directors, officers, employees, sponsors, independent contractors and agents (hereinafter collectively called “Myra Canyon Bicycle Rentals”) from all liability, and DO HEREBY WAIVE as against Myra Canyon Bicycle Rentals and its directors, officers, employees, sponsors, independent contractors and agents all recourses, proceedings, claims, and causes of action of any kind whatsoever, in respect of any and all personal injuries or property losses which I may suffer arising out of or connected with my preparation for, or participation in bicycle ride / tour notwithstanding that such injuries or losses may have been caused solely or partly by the negligence or breach of duty of Myra Canyon Bicycle Rentals, or any of their directors, officers, employees, sponsors, independent contractors or agents.
2. I HEREBY ACKNOWLEDGE AND AGREE THAT:
- The bicycle ride / tour may be dangerous, exposing participants to many risks and hazards, some of which are inherent in the very nature of bicycle ride / tour itself, others which result from human error and negligence on the part of the persons involved in organizing, staging and/or operating the bicycle ride / tour;
- 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;
-
some of the aforesaid risks and hazards are
foreseeable, but others are not;
-
I nevertheless freely and voluntarily assume
all the aforesaid risks and hazards
, and that, accordingly, my
preparation for, and participation in
bicycle
ride / tour
shall be entirely at my own risk;
-
I understand that neither Myra Canyon Bicycle Rentals nor any of its directors, officers,
employees, sponsors, independent contractors or agents assume any
responsibility whatsoever for my safety during the course of my preparation for
or participation in
bicycle ride / tour;
-
I have carefully read this RELEASE and WAIVER of LIABILITY AND ASSUMPTION of RISK AGREEMENT
(the "Agreement"), that I fully understand same, and that I am freely
and voluntarily executing same;
-
I clearly understand that by
signing this Agreement I will be
FOREVER PREVENTED FROM
SUING OR OTHERWISE CLAIMING
against Myra Canyon
Bicycle Rentals]
its directors, officers, employees, sponsors,
independent contractors and agents for any loss or damage connected with any
property loss or personal injury that I may sustain while participating in or
preparing for
bicycle ride / tour, whether or
not such loss or injury is caused solely or partly by the negligence of
Myra Canyon Bicycle Rentals or any of its directors,
officers, employees, sponsors, independent contractors and/or agents;
-
I have been given the opportunity
and have been encouraged to seek legal advice prior to signing this Agreement;
-
I clearly understand that Myra Canyon Bicycle Rentals would not permit me to
participate in
bicycle ride / tour unless I
signed this
RELEASE and WAIVER of LIABILITY AND
ASSUMPTION of RISK AGREEMENT, that this RELEASE and WAIVER of LIABILITY AND
ASSUMPTION of RISK AGREEMENT
applies to bicycle ride
/ tour
whether occurring in the near or distant future, and that the
terms of this Agreement have been explained to me by
Myra Canyon
Bicycle Rentals
or one or more of their representatives;
-
I hereby on my behalf as
Participant and Renter and on behalf of myself, my assigns and personal
representatives and Participant minors, do hereby forever release
Myra Canyon Bicycle Rentals all liability they may have in
relation to any loss, costs, damage or expense I have suffered no matter
howsoever caused and hereby absolutely and forever waive any claim or right I
have against
Myra Canyon Bicycle Rentals for
any claim, loss or expenses or right to sue that I may have, have had or have
in the future.
-
This RELEASE
and WAIVER of LIABILITY AND ASSUMPTION of RISK AGREEMENT
is
binding on myself, my heirs, my executors, administrators, personal
representatives and assigns;
-
This Agreement may be in addition
to another agreement I must sign as a condition of participation in
bicycle ride / tour and that I am bound by the terms and
conditions of both agreements; and
-
I agree that I am physically
capable of participating in
bicycle ride / tour,
and that I have no pre-existing conditions that would hinder my ability to
participate in
bicycle ride / tour.
- I realize the importance of
wearing a helmet and I hereby commit to wearing a helmet at all times while
riding a
Myra Canyon Bicycle Rentals. bicycle,
tandem, tag-a-long or bike trailer.
- For each Participant/Renter who is a minor, the
minor must be accompanied by their parent or an adult guardian who has signed
this Release and Waiver as a Participant.
The adult guardian Participant hereby declares that they are the parent
and/or adult legal guardian of the minor and that they possess the full
authority to release and waive claims on behalf of the minor Participant and to
covenant not to sue, and the Participant hereby releases all claims and waives
the liability and the right to sue as minor or Participant as set out herein. As further consideration in allowing the
minor to rent and go on the bike tour, the Participant hereby agrees to
indemnify and save harmless
Myra Canyon Bicycle Rentals against all loss,
costs and expense (including solicitor-and-own-client costs) and claims made
by, or on behalf of, the minor participating in the
bicycle ride / tour. All minors must be a minimum of 18 months old.
Each of the undersigned has read this Contract and Release in its entirety.
All Participants must sign and date the participant sheet as acknowledgement of having fully read and understood this waiver.
Wed Dec 6, 2023