Waiver and release of liability
Assumption of risk and indemnity agreement

In consideration of Richard Rollinson and CPT Cycling (together, “CPT”) allowing me to participate in the CPT online coaching service, and to receive coaching services through such program (“Coaching Services”) I, for myself, and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (“the Waiver”):

1. I understand and acknowledge the physical and mental rigours associated with cycling, running and multi-sport events such as triathlon and duathlon (“Activities”), and realise that such activities are inherently dangerous and represent an extreme test of a person’s physical and mental limits. I am fully aware and acknowledge that participation in those activities involves serious health risks and dangers including, but not limited to, permanent disability, paralysis and death; risks of accident and serious bodily injury, including broken bones, head injuries, trauma, pain, fatigue, and dehydration; loss or damage to property; exposure to extreme conditions and circumstances; illness; contact or collision with other participants, spectators, vehicles or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect course conditions; water, road and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of CPT and other undefined harm or damage which may not be readily foreseeable; and other presently unknown risks and dangers (“Risks”).

2. In recognition of these facts, and for the consideration set out in this Agreement, I   voluntarily elect to enter into this Waiver and assume all risks of loss, damages, injury or death that may be sustained, and I agree to participate in the Coaching Services entirely at my own risk.

3. I accept sole responsibility for my own conduct and actions while participating in, and utilising, the Coaching Services.  I understand that the Risks may be caused in whole or in part by my own actions or inactions or the acts, inaction or negligence of others participating in the Activities, and hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in the Coaching Services and my utilisation of the Coaching Services. 

4. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Coaching Services and to receive the Coaching Services. I hereby represent that I am in good health and in proper physical condition to participate in the Coaching Services.

5. I am solely responsible for ensuring both the fitness for purpose of my bicycle, helmet, clothing and other equipment which I use whilst undertaking the Coaching Services.

6. Save in the event of any negligent or wilful act or omission on the part of the person or entity concerned, I accept that CPT shall not be liable for death or personal injury, damage to property or other loss or damage of any nature whatsoever suffered by me whilst undertaking the Coaching Services. 

7. Under no circumstances shall CPT be liable for any actual or alleged indirect loss or consequential loss howsoever arising suffered by me including, but not limited to, loss of profits, anticipated profits, savings, business or opportunity or loss of publicity or loss of reputation or opportunity to enhance reputation or any other sort of economic loss.

8. I accept that I am liable for any death or personal injury to third parties, damage to property or any other claims, losses, costs (including, without limitation, all reasonable legal costs) or demands arising out of any negligent or wilful act or omission of mine, whether arising from participation in the Coaching Services or otherwise.

9. I undertake and agree that I will irrevocably indemnify and hold CPT harmless from and against all costs and expenses (including reasonable legal costs), actions, proceedings, claims, demands and damage arising from any breach of the  representations, warranties or undertakings contained herein or arising from my acts or omissions.

10. I agree to take out death, accident and health insurance for myself and shall provide a copy of such insurance policies to CPT at any time upon request.

I hereby warrant that I have read this Waiver carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of any minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Waiver freely and voluntarily, without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Waiver. This Waiver represents my complete understanding of these issues and no oral representations, statements or inducements have been made apart from this Waiver. If any provision of this Waiver is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Waiver and shall not affect the validity and enforceability of any remaining provisions.

 

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