2022 CENTRAL SPOKES CYCLE CLUB - RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, COVENANT NOT TO SUE, AND INDEMNITY AGREEMENT (“Agreement”)
IN CONSIDERATION of Central Spokes Cycle Club (CSCC) accepting the Form and consenting to Participant’s participation in CSCC events, rides, supported rides in a Territory, the undersigned, for and on behalf of the Releasors:

(1) AGREES TO WAIVE, RELEASE, DISCHARGE, INDEMNIFY, HOLD HARMLESS, DEFEND AND TO NOT MAKE ANY CLAIM AGAINST OR SUE Releasees in respect of any and all causes of action, actions, suits, claims and demands (“Claims”) for damages, losses, liability, indemnity, expenses, interest, fees and costs, including legal fees and disbursements, whether at law or in equity or under any statute, (“Losses”), in respect of death, sickness, disease or injury of any kind (“Injury”), loss, damage or destruction of any tangible, real, personal or intangible property, including, without limitation, any personal property (“Property”), howsoever occurring or caused, whether anticipated or unanticipated, resulting from, arising out of or connected directly or indirectly with Participant’s participation in or attendance at the Walk, whether such Losses (i) occur prior to, during or subsequent to the Walk, or (ii) are caused by, contributed to or occasioned by the negligence or criminal, fraudulent or other wilful misconduct (collectively “Misconduct”) on the part of any Releasee.

(2) ACKNOWLEDGES AND AGREES: Participant participates at Participant’s own risk and ACCEPTS AND ASSUMES FULL RESPONSIBILITY for any and all risks of Injury or loss, damage or destruction of Property caused to Participant, Releasees or third parties, whether caused by, contributed to or occasioned by the negligence or Misconduct on the part of any Releasee or otherwise; and (ii) at all times prior to, during and subsequent to the Walk, Participant is solely responsible for securing personal safety and safety of personal property; (iii) Releasees are not liable for any loss, damage or destruction of Property whether through theft, vandalism or otherwise; (iv) this Agreement shall be construed in accordance with and governed by the laws of the Territory in which Participant participates in the Walk and if any clause is found by a court of competent authority in that Territory to be void or unenforceable, the clause will be severed without affecting the validity or enforceability of any other provisions hereof; and (v) upon presentation of the Form to a representative of CSCC, the terms of this Agreement are fully understood and the Agreement has been signed freely and voluntarily.

(3) REPRESENTS AND WARRANTS to be in good health and not to have any known ailments or conditions (whether physical, mental or otherwise) that would impair Participant’s ability to participate in the Walk, and CONFIRMS that, if under care of a physician, the physician has been consulted and has approved Participant’s participation; and hereby AUTHORISES any licensed physician, emergency medical technician, hospital or other medical or health care facility personnel to treat Participant for the purpose of attempting to relieve any Injury resulting from, arising out of or connected directly or indirectly with Participant’s participation in or attendance at the Walk. The undersigned acknowledges: (i) there is a possibility of complications and unforeseen consequences in any treatment and assumes any such risk; and (ii) no warranty is being made by CSCC as to the results of any treatment.

(4) CONSENTS to: (i) collection, use and sharing of personal information provided in the Form, including, without limitation, name, address, telephone numbers and email addresses by any Releasee with any other Releasees or any third parties offering services to Releasees in relation to the Walk including, without limitation, the Charities and Sponsors; and (ii) publication and use of Participant’s name, photograph, image, video image(s)/actions and/or other likeness in Promotional Materials without compensation to Participant; and RELEASES Releasees from any and all Claims for Losses, howsoever occurring from the use of Participant’s name, photograph, image, video image(s)/actions and/or other likeness in Promotional Materials.

(5) AGREES that if the Walk is delayed or cancelled for any reason any entry or registration fee or any other costs/expenses incurred by or on behalf of Participant in connection with the Walk will not be refunded or reimbursed.
(6) AGREES that children under 18 years of age will be accompanied by a parent or guardian at all times during the event. All children will either be at the back or front of the event as directed by the ride organisers.

Definitions
“Affiliate” means any present or future entity which, directly or indirectly, or through one or more intermediaries, Controls, is Controlled by or is under common Control of or with CSCC. “Control” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies, whether through the ownership of securities, by contract or otherwise.
“Charities” means the charities which receive the proceeds of the event.
“Central Spokes Cycle Club” and “CSCC” means the club and includes, without limitation, the successors or assignees of any of the foregoing.
“Form” means the completed application form submitted to a CSCC representative or designate requesting CSCC’s permission for Participant’s participation in any official CSCC sanctioned event in a Territory. A Form for a Minor shall be signed by his or her parent or guardian (the “Parent or Guardian”).
“Minor” means an individual who wishes to participate in in any official CSCC sanctioned event in a Territory who is, pursuant to that Territory’s laws, under the age of majority. “Participant” means the individual named in the Form who has sought CSCC’s permission to participate in such event.
“Participant” includes a Minor. If Participant is a Minor the undersigned represents and warrants the undersigned has capacity and authority to act on behalf of the Minor.
“Person” means any individual, sole proprietorship, partnership, firm, entity, unincorporated association, unincorporated syndicate, unincorporated organization, trust, body corporate or governmental or regulatory authority, and where the context requires, any of the foregoing when they are acting as trustee, executor, administrator or other legal representative.
“Promotional Materials” means any publications or advertising, in any form or media, including, without limitation, printed and electronic materials, the internet, social media and radio and television broadcasts regarding the Walk, subsequent Walks for the Cure or any successor or similar events.
“Releasees” means CSCC, each of the Charities, each of the Sponsors, and all other supporting bodies, associations, and sanctioning bodies, and each of their respective past, present and future Affiliates, divisions, controlling persons, suppliers, distributors, contractors, agents, professional advisors and insurers, and each of their respective past, present and future representatives, officers, directors, employees, shareholders, and all their predecessors, successors, assigns, heirs, executors, administrators or personal representatives, any Person claiming through any of the foregoing.
“Releasors” means Participant and if Participant is a Minor, the Parent or Guardian and the Minor’s and Parent’s or Guardian’s successors, assigns, heirs, next of kin, dependents, spouse, executors, administrators or personal representatives, and any Person claiming through any of the foregoing.
“Sponsors” means sponsors of a CSCC sanctioned event determined by CSCC in its sole discretion.
“Territory” means any one of the islands of Trinidad and Tobago. “Event” means any official event, ride, official group ride up to December 31, 2023 hosted by CSCC, including, without limitation, all events associated with and officially sanctioned by CSCC.

I realise that activities of the CSCC involve bicycling, which can be a HAZARDOUS activity. There are many dangers and risks associated with bicycling including, but not limited to, injury or death resulting from collision with pedestrians, vehicles, other cyclists, and fixed or moving objects; dangers arising from surface hazards such as pot holes or poor road conditions, equipment failure, inadequate safety equipment; conditions stemming from weather; the negligence of myself or others, and trauma or injury arising with the stresses caused by physical exertion. This list is not an exclusive or exhaustive list of possible injuries, trauma or accidents that may occur while participating in activities of the CSCC. I recognise that bicycling requires physical conditioning and I represent that I am in sound physical condition and that I have no physical or medical condition that would endanger either others or myself. I am fully capable of participating in activities of the CSCC.

I understand that CSCC activities are often conducted over public roads and facilities open to the public and upon which the hazards of traveling are to be expected. I acknowledge that the CSCC has no responsibility for the condition or maintenance of the roads or facilities upon which CSCC activities are conducted. I agree to accept responsibility for the condition of my bicycle and I agree to wear an ANSI, Snell, ASTM or CPSC-approved helmet while on my bicycle during CSCC bicycling activities. I have adequate health, disability, and life insurance for my family and me.

I agree, as a consideration of, and in consideration for, being accepted as a member of the CSCC, to freely and expressly assume and accept any and all risks of injury or death to me, or property loss or damage, including injury, death, loss or damage attributable to the negligence of the CSCC and its sponsors, promoters or affiliated organisations, and their respective agents, directors, officers, volunteers and employees (the “Released Parties”).

I also agree to release and forever discharge the Released Parties from any and all responsibility or liability for all injuries or damages that result, either directly or otherwise, from my participation in, or attendance at any CSCC activity. I agree not to make a claim against or sue the Released Parties for injuries or damages relating to bicycling or any other CSCC activity. I further agree to indemnify and hold harmless the Released Parties for all expenses incurred due to my participation in any CSCC activity, including medical and legal or other expenses. As liquidated damages, I hereby agree that if any of the Released Parties are forced to defend any action, lawsuit or litigation by me, my executors, or my heirs on my behalf, I agree to pay the Released Parties’ costs and attorney fees if they successfully defend such action, lawsuit or litigation.

If I am injured or become ill, I give permission for transportation to any medical facility, hospital and I consent to and authorise the provision of emergency first aid or medical treatment. I agree to be solely responsible for any costs related to such first aid or treatment.
I further agree to allow all photographs, video and/or any digital images reproduced in association with CSCC activities to be used in any way by CSCC, and release all claim to rights in and to those images. I permit the CSCC or other Released Parties to re-use, publish, and republish photographs or pictures of me or in which I may be included, in whole or in part, or composite or distorted in character or form, without restriction.

I am aware that this is a release of liability and a contract between myself and the CSCC and I am signing it freely and of my own accord and I recognise and agree that it is binding upon myself, my heirs and assigns, and in the event that I am signing it on behalf of any minors, I have full legal authority to do so, and realise the binding effect of this contract on them, as well as on myself. In this Release, the use of personal pronouns such as “I,” “me”, and “my” shall be deemed to include any minor on whose behalf I am signing it. Should a court of competent jurisdiction declare any sentence, clause, paragraph, or part of this agreement unenforceable, the remaining parts or paragraphs shall remain in full force and effect. A copy of this release can be used as if it was an original.

I, THE UNDERSIGNED, HAVE CAREFULLY READ THIS ASSUMPTION OF RISK, RELEASE OF LIABILITY AND COVENANT NOT TO SUE AND INDEMNITY AGREEMENT. I FULLY UNDERSTAND AND AGREE TO ITS CONTENTS.