Definition

In this agreement the term “Cycling Activities” shall include all in any way related to the bicycle trip or event, including any bicycle that may be used during the bicycle tour or bicycle race, including but not limited to, orientation and instruction sessions; transport or travel of any kind during the bicycle tour, race or event, loading or unloading of vehicles, all activities while on the road or trail; and recreational activities in addition to the bicycle event offered by CanBiCuba and Vision 2000 Travel Inc.

Assumption of risk

I am aware that bicycling activities may involve risks and dangers, hazards including; but not limited to; accidents which occur during transportation or travel to and from any bicycle event; the falling from bicycles; impact or collision with rocks, trees, logs, deadfall, power boats, rafts, trucks, cars, bicycles, motor scooters, motor cycles, buses or other vehicles encountered on the during the tour, race or event; encounters with domestic or wild animals, negligence of other cyclists , boaters or rafters, negligence of other parties participating in the activities offered by or associated with CanBiCuba and Vision 2000 Travel Inc. and negligence on the part of CanBiCuba and Vision200 Inc. including the failure by CanBiCuba and or Vision 2000 Travel Inc. to safeguard and protect from risks, dangers and hazards of bicycling and event related activities. I freely accept and assume all risks, dangers and hazards associated with both bicycle and event activities and the possibility of personal injury, death, property damage or loss resulting there from. I am aware that the physical exertion required for bicycle actives and that the forces exerted on the body can active and aggravate pre-existing physical injuries, conditions, symptoms or congenital defects. I understand that if I know or suspect that my physical condition may be incompatible with bicycle riding that I should seek medical advice before undertaking either bicycle, walking or whitewater activities.

Release of liability, wavier of claims and indemnity agreement.

In consideration of CanBiCuba and Vision 2000 Travel Inc. agreeing to my participating in the bicycle activities and permitting my use of it’s equipment, vehicles, parking, campground, hotels, bed and breakfast establishments and hostels, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:-

  1. TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against CanBiCuba or Vision 2000 Travel Inc. their directors, officers, employees, agents, guides, instructors, independent contractors, subcontractors and representatives (all of whom are hereinafter referred to as the “RELEASES) and to release the RELEASES from any and all liability for any loss, damage, expense or injury including death that I may suffer or that my next of kin my suffer as a result of my participation in bicycling, walking and whitewater activities, due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care, including any duty of care owed under the occupiers liability act, R.S.O. 1990 C02, on the part of the RELEASES and further including failure on the part of the RELEASES to safeguard or protect me from the risks, dangers and hazards of bicycle events, bicycle races, bicycle tours, walking and whitewater activities referred to above.
  2. To hold harmless and indemnify the Releases from any and all liability for any property damage or personal injury to any third party resulting from my participation in bicycle, walking or whitewater activities;
  3. That this agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and assigns, in the event of my death;
  4. That this agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario and in any litigation involving the parties to this agreement shall be brought within the Province of Ontario.
  5. In entering into this agreement I am not relying on any oral or written representations or statements made by the Releases with respect to the safety of bicycle tours, bicycle races, bicycle events, walking and whitewater activities, other than what is set fort in this agreement.

I have read and understood this agreement prior to signing it. I am aware that by signing this agreement, I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators and assigns may have against the Releases.