Release of liability, waiver of claims and indemnity agreement for Member, New Member Application, and Renewal
(To be executed by Participants over the Age of Majority or Parental Guardian)
1. This is a binding legal agreement (the “Agreement”). 2. I am an Adult, and/or the Parent/Legal Guardian of the Minor(s)/Rider(s) listed in this Agreement (the “Participant”). 3. As a VMC Participant in the sport of motorcycling and competition (collectively the “Activities”), I acknowledge and agree to the terms outlined in this Agreement. Disclaimer 4. The VMC and the respective Directors, Officers, committee members, members, volunteers, officials, participants, agents, sponsors, independent contractors and sponsors, owners/operators of the facilities and lands in which the activities take place, and representatives (collectively the “Organization”) are not responsible for any injury, personal injury, damage, property damage, expense, loss of income or loss of any kind suffered by a Participant during, or as a result of, the Activities, caused in any manner whatsoever including, but not limited to, the negligence of the Organization. 5. By applying to either become a member of the VMC, or to renew as an existing member of the VMC, I sign this annual waiver agreement knowing that it is an annual waiver and is applicable to any and all activities related to the club during the application for membership time period (inclusive of the time on the waiting list) as well as the period during which I am an member up to, and including, each subsequent renewal period. Description and Acknowledgement of Risk 6. I understand and acknowledge that: a. The Activities have foreseeable and unforeseeable inherent risks, hazards and dangers that no amount of care, caution or expertise can eliminate, including without limitation, the potential for serious bodily injury, permanent disability, paralysis and loss of life; b. The Organization may be unaware of my fitness or abilities, may misjudge weather or environmental conditions, may give incomplete warnings or instructions, and the equipment being used might malfunction;
7. I am participating voluntarily in the Activities. In consideration of my participation, I hereby acknowledge that I am aware of the risks, dangers and hazards associated with or related to the Activities. Terms 8. In consideration of the Organization allowing me to participate in the Activities, I agree: a. That my mental and physical condition is appropriate to participate in the Activities and I assume all risks related to my mental and physical condition;
b. To comply with all rules and regulations, both published and un-published for participation in the Activities; c. That it is my sole responsibility to assess whether any Activities are too difficult for me. By commencing an Activity, I acknowledge and accept the suitability and conditions of the Activity; d. As the parent or legal guardian for each Minor/Rider listed in this Agreement, it is my duty and responsibility to ensure the safety and well-being of each individual and I shall exercise all oversight over each Minor/Rider during all Activities Release of Liability and Disclaimer 9. In consideration of the Organization allowing me to participate, I agree: a. That the sole responsibility for my safety remains with me; b. To ASSUME all risks arising out of, associated with, or related to my participation in Activities; c. That I am not relying on any oral or written statements made by the Organization or its agents, whether in a brochure or advertisement or in individual conversations, to agree to participate in the Activities; d. To WAIVE any and all claims that I may have now or in the future against the Organization; e. To freely ACCEPT AND FULLY ASSUME all such risks and possibility of personal injury, death, property damage, expense and related loss, including loss of income, resulting from my participation in the Activities; f. To FOREVER RELEASE AND INDEMNIFY the Organization from any and all liability for any and all claims, demands, actions, damages (including direct, indirect, special and/or consequential), losses, actions, judgments, and costs (including legal fees) (collectively, the “Claims”) which I have or may have in the future, that might arise out of, result from, or relate to my participation in the Activities, even though such Claims may have been caused by any manner whatsoever, including but not limited to, the negligence, gross negligence, negligent rescue, omissions, carelessness, breach of contract and/or breach of any statutory duty of care of the Organization; g. That the Organization is not responsible or liable for any damage to my vehicle, property, or equipment that may occur as a result of the Activities; h. That negligence includes failure on the part of the Organization to take reasonable steps to safeguard or protect me from the risks, dangers and hazards associated with the Activities; and i. This release, waiver and indemnity is intended to be as broad and inclusive as is permitted by law of the Province of British Columbia and if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect.
Jurisdiction 10. I agree that in the event that I file a lawsuit against the Organization, I will do so solely in the Province of British Columbia and further agree that the substantive law of the Province of British Columbia will apply without regard to conflict of law rules.
General 11. The VMC may modify this Agreement at any time. a. The VMC will contact each Participant at the email address provided during application/renewal of any revisions which will include a summary of the revision and a link to this Agreement b. Continued participation in Activities constitute Participant acceptance of the revised terms of this Agreement
12. The VMC may terminate the Participant membership and associated involvement in Activities if the Participant fails to comply with this Agreement, providing both reason and notice. Acknowledgement 13. I acknowledge that I have read and understand this agreement, that I have executed this agreement voluntarily, and that this agreement is to be binding upon myself, my heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives. I further acknowledge by signing this agreement I have waived my right to maintain a lawsuit against the Organization on the basis of any claims from which I have released herein.
I, the Participant, which is inclusive of both me and the Minor(s)/Rider(s) listed in this Agreement, have read, understood and now consent to be bound by this Agreement.
December 22, 2024 I Agree |