|RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
TO: Wellspring Cancer Support Foundation, Wellspring Ride for Cancer Support, Peloton Challenge, from Toronto to Las Vegas, September 22-29, 2018.
In consideration for allowing me to participate in the 2018 Wellspring Ride for Cancer Support, Peloton Challenge and all related events and activities organized by the Wellspring Cancer Support Foundation (the “Activities”), I, the undersigned, hereby acknowledge and agree that:
1. There are risks inherent in the Activities in which I participate, including risk of injury, serious injury or death and as a participant: I accept those risks in full.
2. I declare that I am in good health and I am physically, emotionally, mentally and otherwise able to participate in the Activities and the physical demands those Activities will place upon me. I agree to disclose any medical concerns or health related limitations upon me or my activities to the organizers of the Activities as soon as I become aware of them, and I will immediately remove myself from participation in the Activities if the organizers reasonably request that I do so based upon my medical or other condition.
3. I declare that my cycling equipment and other personal effects required to be provided by me to enable my participation in the Activities are mechanically sound, in a good state of repair and are suitable for my safe participation in the Activities.
4. I declare that I am legally able to cross the United States border during the 2018 Wellspring Ride for Cancer Support, Peloton Challenge program.
5. I understand that I am being responsible for attaining Out of Country Medical insurance for the duration of the ride and time I will be in the United States.
6. I acknowledge that all applicable rules placed upon participants in the Activities are binding upon me and that I take sole responsibility for my personal safety and health whether my conduct is in accordance with any such rules, or if I fail to observe or adhere to those rules.
7. I will immediately remove myself from participation in the Activities and notify the nearest organizer of the Activities if at any time I observe any hazard or unsafe condition.
8. I have been provided with a copy of this form in advance and had the opportunity to obtain independent legal advice in respect of the matters contained herein.
As a participant (rider) in the 2018 Wellspring Ride for Cancer Support, Peloton Challenge, I commit to fulfilling the following requirements:
1. An individual fundraising commitment of $10,000 (minimum).
2. The ability to cycle at a minimum average speed of 27km/h in varied terrain and weather conditions. Participating riders will be riding 120-150 kms each day. Various assessments throughout the year will take place to ensure each rider is able to meet this requirement.
3. Participation in at least one monthly team training event, each month between May 2018 and August 2018*. New riders to the event are also required to participate in the night training ride.
4. Meet and/or exceed the following milestones:
a. By May 31, 2018 – ability to cycle 75 km at a minimum average speed of 24 km/h on flat terrain.
b. By June 30, 2018 – ability to cycle 90 km in a peloton group at a minimum average speed of 23 km/h and an overall ascent of at least 300 meters over the distance of the ride.
c. By July 31, 2018 – ability to cycle 100 km in a peloton group at a minimum average speed of 24 km/h and an overall ascent of at least 500 meters over the distance of the ride.
d. By August 31, 2018 – the ability to cycle at a minimum average speed of 27 km/h in a peloton group over varied terrain and weather conditions. Participating riders will be riding at least 120 km and at their option, as far as 150 km each day at this pace during the 8-day Peloton Challenge.
5. Where the Training Committee deems necessary, all riders agree to the following:
a. A training plan designed with the assistance of the Training Committee or a third-party cycling coach.
b. The use of a GPS enabled bike computer or the free smartphone cycling app ‘Strava’ linked to a www.strava.com account for use by the Training Committee to assist with the training plan.
c. Participation in two cyclist assessments by the Training Committee*:
i. Initial assessment of group riding capabilities by May 31, 2018.
ii. Follow up assessment by June 30, 2018. Following this assessment, the Training Committee has the right to inform the rider that they will be required to defer their participation in the 2018 Wellspring Ride for Cancer Support, Peloton Challenge unless they take remedial action to ensure the satisfaction of minimum training requirements by August 31, 2018 (see above). The Training Committee agrees to assist the cyclist in developing an action plan to reach his/her objectives.
6. Agree the Ride Captain retains the right in his/her discretion, to deny any rider to participate in the 2018 Wellspring Ride for Cancer Support, Peloton Challenge if the rider is not deemed ready, and that during the event, the Ride Captain or Team Captains have the absolute discretion to pull a cyclist from a peloton should he/she not be able to maintain minimum standards.
7. Commitment to familiarize myself with Wellspring Cancer Support Foundation’s programs and services, and be a brand ambassador leading up to the ride, throughout the duration of the ride and during the Las Vegas weekend.
*Note: Exemptions from the team training and individual training assessments may be made for riders who are deemed by the Training Committee to have advanced cycling/peloton skills.
The above requirements are intended to ensure a safe and enjoyable event for all participants. The Training Committee has been highly successful in assisting new participants (many of whom who have had no previous cycling or endurance experience) in achieving their training targets. The Training Committee will be pleased to work with all riders to assist them in reaching the minimum required riding standards.
I UNDERSTAND and AGREE, on behalf of myself, my heirs, assigns, personal representatives and next of kin, that:
1. I ACCEPT unqualified, the ASSUMPTION OF ALL RISKS associated with my participation in the 2018 Wellspring Ride for Cancer Support, Peloton Challenge and related events, even if arising from negligence, including any compounding or aggravation of injuries, or additional expenses, caused by rescue efforts, emergency medical care or other actions by any other participant, volunteer or organizer or any other persons associated with the Activities; and
2. I INDEMNIFY and RELEASE FROM LIABILITY against any and all claims for loss, damage, injury or expenses incurred, that I have, or may in the future have, in connection with my participation in the 2018 Wellspring Ride for Cancer Support, Peloton Challenge Activities, against Wellspring Cancer Support Foundation, and its related events, the event venues, and any persons involved in the organizing, or operation of the Activities, including the costs of any related litigation expense, legal fees, liability, damage, award or cost. I agree to waive any rights I have, or may in the future, to pursue any litigation claim relating to my participation in the Activities for any loss, damage, injury, expenses incurred, howsoever caused or arising, and whether directly or indirectly from my participation in the Activities; and
3. I AGREE that this document shall be governed by the laws of the Province of Ontario, and any action or litigation related to my participation in the Activities shall be settled in the courts of the Province of Ontario.
I acknowledge that I have read in full this Waiver of Claims, Release of Liability, Assumption of Risks and Indemnity Agreement and that I am aware that by signing this document I am waiving certain legal rights, which I, my heirs, assigns, personal representatives or next of kin may have against Wellspring Cancer Support Foundation, Wellspring Ride for Cancer Support, Peloton Challenge and any other person engaged in the organization or operation of the Activities.