RELEASE OF LIABILITY, WAIVER OF CLAIMS ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT BY READING THIS AGREEMENT AND CLICKING THE “I AGREE” TAB AT THE END OF THIS AGREEMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY!
ASSUMPTION OF RISKS I am aware that biking, yoga and any and all other sports activities, including without limitation, the “30 Day Wheelie Challenge”, participating in any activities portrayed as part of the RLAP Services (as defined in the Terms and Conditions)(collectively referred to as the “RLAP ACTIVITIES”) involve many risks, dangers and hazards including, but not limited to: the condition and fitness for purpose of any equipment or gear that you may be using, your state of physical fitness; changing weather conditions; loss of balance or control; the nature of the terrain or area in which you are carrying out the RLAP Activities, collision with other persons; the failure to act safely or within one’s own ability or to stay within proper and safe areas or facilities; negligence of other persons carrying out the RLAP Activities and other persons; and NEGLIGENCE ON THE PART OF RLAP AND/OR ITS STAFF. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF RLAP AND/OR ITS STAFF TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE RLAP ACTIVITIES. USE OF THE RLAP ACTIVITIES INVOLVES INCREASED RISK OF INJURY. I am also aware that the risks, dangers and hazards referred to above exist whether or not such risks, dangers and hazards are marked or otherwise brought to my attention.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE RLAP ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of RLAP accepting me to access the RLAP Website and as a user of the RLAP Services (as those terms are defined in the Terms and Conditions) and for other good and valuable consideration the receipt and sufficiency of which are hereby expressly acknowledge and agreed to by me, I hereby agree as follows:
- TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against RLAP, it parent, affiliates and subsidiaries and their respective directors, officers, employees, agents, representatives, volunteers, sponsors, successors and assigns (all of whom are collectively referred to as “THE RELEASEES”), and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer resulting from either my use of the RLAP Website and any of the RLAP Services, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE RLAP ACTIVITIES REFERRED TO ABOVE;
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property of or personal injury to any third party, resulting from my use of the RLAP Website and any of the RLAP Services;
- This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
- This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction; and
- Any litigation involving the parties to this Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia at Vancouver.
In entering into this Agreement I am not relying upon any oral or written representations or statements made by the Releases with respect to the safety of the RLAP Activities other than what is set forth in this Agreement.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY CLICKING THE “I AGREE” BUTTON IN THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
