Release, Waiver and Assumption of Risk
BY SUBMITTING THIS APPLICATION; I hereby acknowledge and agree that in consideration of being permitted to participate in the Pacific Cycling Centre's (herein called the Centre ) training programs, camps, events, and other Centre organized activities (herein called Centre activities):
1. I do hereby release the Centre, its members, officers, directors, employees, sponsors, independent contractors, and agents from all liability, and do hereby waive as against the Centre its members, officers, directors, employees, sponsors, 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 may suffer arising out of or connected with my preparation for, or participation in, the aforesaid Centre activities, notwithstanding that such injuries or losses may have been caused solely or partly by the negligence of the Centre, or any of its members, officers, directors, employees, sponsors, independent contractors, and agencies,
2. And, I do hereby acknowledge and agree:
a) that the sports of cycling, xterra, and triathlon can be dangerous, exposing participants to many risks and hazards, some of which are inherent in the very nature of the sport itself, others which result from human error and negligence on the part of the persons involved in preparing, organizing, and staging the Centre activities;
b) that, as a result of the aforesaid risks and hazards, I as a participant in the Centre activities may suffer serious personal injury, even death, as well as property loss;
c) that some of the aforesaid risks and hazards are foreseeable, but others are not;
d) that I nevertheless freely and voluntarily assume all the aforesaid risks and hazards, and that, accordingly, my preparation for, and participation in the aforesaid Centre activities shall be entirely at my own risk;
e) that I understand that neither the Centre nor any of its members, officers, directors, employees, sponsors, independent contractors, and agents assume any responsibility whatsoever for my safety during the course of my preparation for or participation in the aforesaid Centre activities;
f) that I have carefully read this RELEASE, WAIVER, AND ASSUMPTION OF RISK agreement, that I fully understand same and that I am freely and voluntarily executing same;
g) that I understand clearly that by signing this release I will be forever prevented from suing or otherwise claiming against the Association, its members, officers, directors, employees, sponsors, independent contractors, and agents for any loss or damage connected with any property loss or personal injury I may sustain while participating in or preparing for any of the above mentioned Centre activities whether or not such loss or injury is caused solely or partly by the NEGLIGENCE of the Centre or any of its members, officers, directors, employees, sponsors, independent contractors, and agents;
h) All athletes develop at different rates, respond differently to training, and have different potentials. The PCC coaches cannot predict exactly how the athlete will respond or what level an athlete is capable of reaching. Ultimately, the success or failure of the athlete rests in the hands of the athlete and whether their goals are consistent with their commitment to the program, time training, and genetic potential. PCC coaches cannot make the athlete follow the program. It is the responsibility of the athlete to do the training and provide feedback on their plan in a frequent and timely fashion. Further, the athlete is responsible for letting the coach know immediately if they are not comfortable with or do not feel ready for any aspect of their plan.
i) I have been cleared by a certified medical physician that I am ready to participate fully in all aspects of training, racing and other activities (including but not limited to weight training, plyometrics, stretching, and dry land running) that will be part of the PCC program.
j) that I have been given the opportunity and have been encouraged to seek independent legal advice prior to signing or agreeing this RELEASE, WAIVER, AND ASSUMPTION OF RISK;
k) that I understand clearly that the Centre would not permit me to participate in the Centre activities unless I agree this RELEASE, WAIVER, AND ASSUMPTION OF RISK agreement, this RELEASE, WAIVER, AND ASSUMPTION OF RISK agreement applies to all the aforesaid Centre’s 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 Centre activity in order to be effective;
l) that the term Centre activities as used in this RELEASE, WAIVER, AND ASSUMPTION OF RISK agreement includes without limiting the generality of that term, activities such as the Centre's training programs as well as clinics, camps, activities, and events that are in any way authorized, sanctioned, organized or operated by the Centre or associated with the Centre.
m) that this RELEASE, WAIVER, AND ASSUMPTION OF RISK agreement is binding on myself, my heirs, my executors, administrators, personal representatives, and assigns;
n) I recognize that this RELEASE, WAIVER, AND ASSUMPTION OF RISK agreement may be in addition to any other release I must sign as a condition of my participation in the Centre activities and acknowledge that I am bound by the terms and conditions of all waivers I am required to sign in order to participate in the Centre.
o) I am 18 years if age or older, if not, I have a singed permission of my parent or guardian to take a part and participate in centre activities.