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Terms & Conditions

Wellspring Tour du Niagara

September 17th, 2023

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT

TO: Wellspring Niagara Cancer Support Foundation, Tour du Niagara

In consideration for allowing me to participate in the 2023 Tour du Niagara and all related events and activities organized by the Wellspring Niagara Cancer Support Foundation (the “Activities”), I, the undersigned, hereby acknowledge and agree that:

1. There are risks inherent in the Activities in which I participate, including risk of injury, serious injury or death and as a participant: I accept those risks in full.

2. I declare that I am in good health and I am physically, emotionally, mentally and otherwise able to participate in the Activities and the physical demands those Activities will place upon me. I agree to disclose any medical concerns or health related limitations upon me or my activities to the organizers of the Activities as soon as I become aware of them, and I will immediately remove myself from participation in the Activities if the organizers reasonably request that I do so based upon my medical or other condition.

3. I declare that my cycling equipment and other personal effects required to be provided by me to enable my participation in the Activities are mechanically sound, in a good state of repair and are suitable for my safe participation in the Activities.

4. I acknowledge that all applicable rules placed upon participants in the Activities are binding upon me and that I take sole responsibility for my personal safety and health whether my conduct is in accordance with any such rules, or if I fail to observe or adhere to those rules.

5. I will immediately remove myself from participation in the Activities and notify the nearest organizer of the Activities if at any time I observe any hazard or unsafe condition.

6. I have been provided with a copy of this form in advance and had the opportunity to obtain independent legal advice in respect of the matters contained herein.

I UNDERSTAND and AGREE, on behalf of myself, my heirs, assigns, personal representatives and next of kin, that:

1. I ACCEPT unqualified, the ASSUMPTION OF ALL RISKS associated with my participation in the Wellspring Tour du Niagara and related activities and events, even if arising from negligence, including any compounding or aggravation of injuries, or additional expenses, caused by rescue efforts, emergency medical care or other actions by any other participant, volunteer or organizer or any other persons associated with the Activities; and

2. I INDEMNIFY and RELEASE FROM LIABILITY against any and all claims for loss, damage, injury or expenses incurred, that I have, or may in the future have, in connection with my participation in the Wellspring Tour du Niagara Activities, against Wellspring Niagara Cancer Support Foundation, and its related activities and events, the event venues, and any persons involved in the organizing, or operation of the Activities, including the costs of any related litigation expense, legal fees, liability, damage, award or cost. I agree to waive any rights I have, or may in the future, to pursue any litigation claim relating to my participation in the Activities for any loss, damage, injury, expenses incurred, howsoever caused or arising, and whether directly or indirectly from my participation in the Activities; and

3. I AGREE that this document shall be governed by the laws of the Province of Ontario, and any action or litigation related to my participation in the Activities shall be settled in the courts of the Province of Ontario.

4. I acknowledge that I have read in full this Waiver of Claims, Release of Liability, Assumption of Risks and Indemnity Agreement and that I am aware that by signing this document I am waiving certain legal rights, which I, my heirs, assigns, personal representatives or next of kin may have against Wellspring Niagara Cancer Support Foundation, Wellspring Tour du Niagara and any other person engaged in the organization or operation of the Activities.

If under 18, consent must be provided from legal guardian.

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