This document isn't greatly different to Liability Release documents we have used previously, just tidied up a little. Each event participant will need to sign one of these before every event.
The Document:
Vancouver Island Motosports Events - VIME
PARTICIPANT RELEASE OF LIABILITY. WAIVER OF CLAIMS. ASSUMPTION OF RISKS. INDEMNITY AGREEMENT. SIGNING-ON DOCUMENT.
(hereinafter referred to as the “Release Agreement”)
Participant name:…………………………………………………………………………..
BY SIGNING THIS RELEASE AGREEMENT YOU WAIVE OR GIVE UP CERTAIN RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FROM VANCOUVER ISLAND MOTOSPORTS EVENTS, THE VIME PROPRIETOR(S) AND INDIVIDUALS ACTING ON BEHALF OF VIME (the Released Parties) FOLLOWING AN INCIDENT OR ACCIDENT, REGARDLESS OF HOW IT MAY HAVE BEEN CAUSED.
YOU WILL ALSO BE SIGNING TO DECLARE YOU UNDERSTAND THAT THE EVENT YOU ARE ABOUT TO PARTICIPATE IN IS NOT A RACE OR SPEED EVENT.
IN ORDER TO PARTICIPATE IN THE UPCOMING EVENT YOU ARE REQUIRED TO SIGN THIS WAIVER.
BY SIGNING THIS RELEASE AGREEMENT, YOU (THE RIDER) ALSO AGREE THAT:
- You are at least 19 years of age,
- that you hold a full-entitlement motorcycle licence and are a competent rider,
- that you hold ICBC road motorcycle insurance (or equivalent) and that your motorcycle is “plated”,
- that you have (to the best of your knowledge) no illness or disability that will impair your ability to participate in the event which you have entered,
- that you undertake to NOT operate motor vehicles while under the influence of intoxicating substances,
- that you undertake to obey all reasonable instructions received from event staff,
AND
- that you undertake to obey all aspects of the motoring legislation of the Province of British Columbia.
VIME backcountry navigation trials are solo-rider tests of routefinding through the backcountry of BC.
- The routes follow “gazetted roads” - that is backcountry gravel roads designated as public highways within the legislation of British Columbia.
- As such, these roads are open, public roads and other traffic must be expected at every moment.
- Given the routes will be “highways”, you the participant, agree to wear and/or use at all times, personal protective equipment required by law and prudent motorcycle operations, including (but not limited to) safety helmets, eye protection, gloves, boots, appropriate protective clothing.
- The roads, despite being designated highways, are likely to be unmaintained. The road conditions are “as found” and not altered by the event organisers.
- Within the context of BC law, road users of backcountry roads assume personal responsibility for their safety and vehicles when using these roads.
Other traffic is highly likely to be oncoming and unaware (and potentially indifferent) of your existence on the road.
AT ALL TIMES RIDE AS IF YOUR WORST NIGHTMARE IS AROUND THE NEXT CORNER!
The average speeds called for in “regularity rally” classes will ALWAYS be less than the posted speed limits. Regularity Rally is a motorsport discipline that tests the ability of participants to ride to a set speed over a variety of changing terrains (not their ability to ride at high speed). THIS IS NOT A RACE!
You, the signer, acknowledge that participation in Motorsports is potentially hazardous to the extent of physical injury and/or death.
You understand the dangers and risks and that you ACKNOWLEDGE AND ASSUME ALL INHERENT DANGERS AND RISKS.
Communicable diseases - Covid19 and other infectious illnesses.
VIME, it’s proprietor and agents are unable to control risks associated with communicable diseases and illnesses. You, the event participant signing this Release Agreement agree to follow all health signage/warnings/guidelines, stay away from the event if you are ill or experiencing symptoms, and wear face coverings/wash hands if required by public health authorities.
Photographic and video agreement - permission to use.
As signer of this document you grant the Released Parties the right of publicity to own and use any image of you, reasonably collected while participating in the event.
BY SIGNING THIS AGREEMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE VANCOUVER ISLAND MOTOSPORTS EVENTS - VIME, ITS REPRESENTATIVES, JONATHAN BINNINGTON AND ANY INDIVIDUAL ENGAGED IN PRODUCING ANY VIME EVENT.
Participation in any motorcycle event staged by Vancouver Island Motosports Events, referred to as VIME requires participants to be:
1/ 19 years of age or older
2/ to hold a full (not suspended or restricted) motorcycle driving/riding licence (described in BC driving law as a Class 6 licence)
3/ have full ICBC (or equivalent out of province) road insurance (off road vehicle road-crossing insurance is NOT acceptable)
4/ their motorcycles must be road legal and
5/ registered and plated with ICBC (or out of province equivalent)
6/ present their motorcycle, driving licence, insurance documents and this signed Waiver for scrutineering before they are accepted into the event at Event Registration.
7/ payment of event entry fees are taken as indicators that participants accept and agree to the terms and conditions contained in this document.
8/ entry fees that have been paid will not be refunded on the grounds that a participant is unable or unwilling to give event organisers sight of their motoring documents and this signed Waiver.
RELEASE. I, name(……………………………………………) warrant and agree that I am familiar with and accept that there is the inherent risk of injury, severe injury and death during the participation of motoring activities through no fault of any party.
I acknowledge that VIME and all its representatives have exercised extensive duty-of-care actions to secure my safety and well-being. Also I acknowledge that VIME and its representatives or land owners have not done anything to cause the deterioration in the condition of any road, track or route I may ride over in the course of the forthcoming event.
I declare that I am fit and well enough to participate in the forthcoming VIME event and that to my knowledge and admission I am not unwell. Also my personal protective equipment is in good order and I will comply with BC motoring legislation including speed restrictions and motorcycle helmet requirements.
I agree to follow all reasonable instructions of RCMP officers, event workers and should the circumstances dictate, other participants. Failure may result in this participant being ejected from the event.
I acknowledge that I remain responsible for my own safety and should I experience fatigue or any deterioration in my physical or mental wellbeing I will withdraw from the day’s riding activities.
I agree that a general condition of event entry is that I as the participant assume all risks related to participation of the forthcoming event. This includes VIME event and route preparation, casualty or vehicle recovery and any consequential losses experienced by myself.
This is a full and final Release and Waiver of Liability and all Claims that I may have, now or in the future against VIME, it’s representatives and partners. This includes claims of Negligence, Gross Negligence, Breach of Contract, Breach of any Duty of Care. I agree not to sue VIME, it’s business owner or it’s representatives and partners.
I agree to indemnify and hold harmless VIME, it’s business owner, representatives and partners from litigation, legal fees, liability, damages awards or costs.
This document will be governed by the laws and courts of British Columbia, Canada
Signed………………………………………… Print Name………………………………..
Date…………………………………………….
Address………………………………………………………………………………………..
Your emergency contact:
Their contact details:
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