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THE SIDESHOW CYCLING CO. INC.
1830 Harmony Place
North Cowichan, BC V9L 5A3


CLIENT RELEASE

(READ THIS DOCUMENT CAREFULLY, AS IT EFFECTS YOUR LEGAL RIGHTS)

COMPANY: The Sideshow Cycling Co. Inc. (O/A The Cycling Co.)

FOR GOOD AND VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, 

I, in consideration of being permitted to participate in programs, races or activities organized, operated or sanctioned by the Company, acknowledge and agree as follows:

  1. that the term “programs and activities” as used in this assumption of risk and waiver agreement includes, without limiting the generality of that term, all contests, training sessions, clinics, coaching programs and events that are in any way authorized, sanctioned, organized, or conducted by the Company, including online coaching plans and sessions;

  2. the programs and activities can be dangerous, exposing participants and bystanders to risks and hazards, some of which are inherent in the nature of the activities themselves, others which result from human error and negligence on the part of the persons involved in preparing, organizing and staging the programs and activities, and that some of the aforesaid risks and hazards are foreseeable, but others are not;

  3. that as a result of the aforesaid risks and hazards, I as a participant or bystander may suffer serious personal injury, even death, as well as property loss, and that I nevertheless freely and voluntarily assume all the aforesaid risks and hazards, and that my preparation for, participation in and observation of the aforesaid cycling programs, races and activities shall be entirely at my own risk;

  4. I, as a participant or observer, do hereby release the Company, its members, officers, directors, employees, independent contractors and agents from all liability, and do hereby waive as against the Company, its members, officers, directors, employees, independent contractors and agents all recourses, proceedings, claims and causes of action of any kind whatsoever, in respect of all personal injuries or property losses which I, or my minor participant, may suffer arising out of or connected with, my or my minor participant’s preparation for, or participation in, the aforesaid cycling programs, races or activities, notwithstanding that such injuries or losses may have been caused solely or partly by the negligence of the Company, or any of its members, officers, directors, employees, independent contractors and agents;

  5. that I understand clearly that the Company would not permit me to participate in any such programs and activities unless I signed this Customer Release (the “Release”) and agreed it applies to all the aforesaid programs and activities whether occurring in the near or distant future, and that the terms of this agreement need not be brought to my attention each time I participate in a program or activity in order to be effective;

  6. that I have been given the opportunity to seek independent legal advice prior to signing this Release, and I acknowledge that this Release is binding on myself, my heirs, my executors, administrators, personal representative and assigns; and that I have carefully read this Release, that I fully understand it effects my legal rights, and that I am freely and voluntarily executing the same.

  7. This Release cannot be modified except by written instrument executed and delivered to the parties. The invalidity of any particular portion, section or paragraph of this Release shall not affect the validity of any other provision herein and, in such event, such invalid provision shall be severable from this Release and the remainder of this Release shall be construed as if such invalid provision was omitted. Company may assign, license or transfer its rights under this Release in whole or in part without the prior consent of the Customer. This Release shall be governed by the laws of the Province of British Columbia, Canada. This Release shall be binding upon and enure to the benefit of the parties hereto and their respective successors and permitted assigns. Nothing herein contained shall be construed to create a joint venture or partnership between the parties. I have read the above document prior to its execution, and I am fully familiar with the contents thereof.


First Participant's Name
First Name*
Middle Name
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Second Participant's Signature*
Third Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Signature*
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Signature*
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Signature*
Sixth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Signature*
Seventh Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Signature*
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Signature*
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Signature*
Tenth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Signature*
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact
First Name*
Last Name*
Emergency Contact's Phone Number*
Emergency Contact's Relation to Participant

GUARDIANS’ INDEMNITY, GUARANTEE AND CONSENT 

(the “Agreement”)

  1. As a material part of the execution of a personal customer release (the “Client Release”) attached as Schedule “A” by the Minor, defined above, the undersigned Guardian(s), being the parent(s) or legal guardian(s) and person(s) having sole or joint custody of the Minor (who is designated as the “Subject” in the Customer Release), does hereby ratify and approve the engagement of the Minor thereby created, and each and all of the terms, conditions, rights and obligations contained in the Customer Release, agrees to secure and to do nothing directly or indirectly to hinder or prevent the full performance thereof by the Minor, and irrevocably guarantees, represents and warrants that Minor will not disaffirm or disavow the Customer Release on the grounds that Minor is a minor at the date of the execution thereof, or on any other similar or dissimilar grounds, and guarantees Minor’s full and complete performance of all of Minor’s obligations pursuant to the Customer Release. In the event of any breach of the Customer Release by Minor, or if the Customer Release is disaffirmed by Minor or held to be unenforceable by a court, arbitrator or other trier of fact for any reason, Guardian also agrees to indemnify Company, Company’s affiliated entities, successors, assigns and licensees (collectively, “Company Parties”), against any and all loss, cost, damages (actual and consequential) and expenses of any kind or nature, including actual attorney’s fees, that may be suffered or incurred by Company or the Company Parties arising out of such breach or disaffirmance, or that may be incurred by Company by reason of a disaffirmance or determination of unenforceability. This guarantee and indemnity shall be applicable as well to any modification, amendment, extension, renewal or substitution of the Customer Release, and to the Customer Release as modified by any waiver. Guardian acknowledges that Guardian has read the Minor’s Contract and is familiar with all the terms, covenants and conditions contained therein, and is satisfied that the Minor’s Contract is fair, just, and equitable and is for the benefit of the Minor.

  2. Guardian warrants and represents that Guardian is the parent (or bona fide lawful guardian) of the Minor and is entitled to the lawful care, custody and control of the Minor, that no judgment, order or decree has been made by any court awarding the custody of the Minor to any other person or in any other manner affecting the status or the right of Guardian as parent (or bona fide lawful guardian) of the Minor and that Guardian has not in any way relinquished to the Minor or to any other person, firm or corporation (unless such corporation is Minor’s court approved personal loan-out corporation) the right to act on behalf of the Minor and/or to give the consents and approvals contemplated by this instrument.

  3. Guardian further acknowledges that any failure by Minor to act within the spirit and intent or terms of the Customer Release and/or any failure by Guardian to act within the spirit and intent or terms of this agreement may cause severe and irreparable harm to Company. Therefore, Guardian understands that in the event of a breach by Guardian, it may be necessary for a court to exercise its equitable powers and order acts of specific performance of Guardian. Guardian expressly agrees and consents to Company obtaining such injunctive relief and this relief may be obtained from any court of lawful jurisdiction without imposition of a court bond imposed on Company. Guardian further understands and agrees that Guardian shall have no right to seek injunctive or equitable relief against Company, rather Guardian’s and Minor’s remedies in the event of any claim against or breach by Company under this agreement or the Customer Release shall be limited solely to monetary damages at law, and Guardian hereby waives (on behalf of Guardian and the Minor), and agrees that in no event will Guardian or Minor seek to obtain, injunctive or other equitable relief which would have the effect of compromising, preventing or delaying the legal intent of the Customer Release.

  4. Guardian, in consideration of the execution of the Customer Release by Company, further agrees to cooperate with Company in every way, to the best ability of Guardian, and to execute all necessary documents to secure the approval, if elected by Company in its sole discretion (it being acknowledged and agreed that any such election by Company shall not affect the representations, warranties, covenants, agreements, indemnities and guarantees of Guardian pursuant to this instrument) by a court of competent jurisdiction, of the Customer Release, and to that end Guardian does hereby: (1) consent to the making of any order by the court requiring the setting aside and preservation for the benefit of the Minor, either in a trust fund or in such other savings plan as the Court shall approve, of such portion of the net earnings of the Minor as the court may deem just and proper, under applicable law; (2) authorizes the Minor and Company, or either of them, to file this consent with the court in connection with, or incorporated within, a petition for the approval of the Customer Release; and (3) agrees that such petition may be filed and heard, and an order approving the Customer Release may be rendered and put into effect, without further notice to Guardian.

  5. This agreement shall inure to the benefit of and be binding upon the parties hereto, their respective successors, assigns, next of kin, heirs, administrators, executors, officers and agents, as the case may be. All references to “Guardian” in this agreement shall refer to Guardians jointly and severally where more than one Guardian has custody of the Minor.

  6. Company shall have the unrestricted right to assign this instrument and Company’s rights hereunder to any third party.

  7. Guardian hereby warrants, represents and agrees that the covenants, promises, representations and warranties contained herein are reasonable and valid; however, if any court of competent jurisdiction determines that any of them or any part thereof, is invalid or unenforceable, those specific invalid portions shall be stricken, and the remainder of this agreement shall continue in full force and effect without regard to those invalid portions.

  8. This instrument may be executed in separate counterparts by the parties and each counterpart shall when executed and delivered be an original document, but all counterparts put together constitute one and the same instrument. Delivery of an executed counterpart of this instrument by facsimile or transmitted electronically in either a tagged image format file (“TIFF”), or portable document format (“PDF”), or signed via the SmartWaiver online waiver platform shall be equally effective as delivery of a manually executed counterpart of this instrument.

  9. This instrument shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein.

Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 19 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.



By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Middle Name
Last Name*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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