Flash Forward EV World Record Pursuit at BCIT EVolution '22
Release of Liability
TO: The British Columbia Institute of Technology (“BCIT”), the Vancouver Electric Vehicle Association (“VEVA”), and each of their respective directors, officers, employees, members, students, volunteers, agents, independent contractors, subcontractors, suppliers, sponsors, successors, assigns and representatives (Collectively the "Releasees").
In this Release Agreement, the term "Event Activities" includes all activities, events, and services provided, arranged, organized, conducted, sponsored or authorized by the Releasees concerning or related to the Flash Forward EV World Record Pursuit at EVolution22 on September 25, 2022 at the BCIT Campus in Burnaby, British Columbia (“EVolution22”) including but not limited to the use and participation of battery electric cars, trucks, motorcycles; Personal e-mobility bikes, scooters, skateboards, Segways and unicycles; hydrogen fuel cell vehicles; electric vehicle conversions; and plug-in hybrid vehicles (“Electrified Vehicles”) in preparation for, or at or during EVolution22, and other preparations, activities, events and services in any way connected with or related to EVolution22.
ASSUMPTION OF RISKS
I am aware that my participation in, and my presence at, the Event Activities involves many risks, dangers and hazards including but not limited to:
· weather conditions, which may cause walking, driving, and riding surfaces to become slippery or may cause heatstroke, sunstroke, or hypothermia;
· mechanical, electrical and battery failure of Electrified Vehicles;
· fires of equipment or of the Electrified Vehicles including battery and fuel cell fires;
· mechanical failure of equipment or of the Electrified Vehicles;
· loss of balance or falls;
· variation or changes in walking, driving and road or pathway surfaces including those caused by potholes, curbs, tree branches, rocks, and loose gravel;
· impact or collision with natural or constructed objects, pedestrians, motor vehicles, Electrified Vehicles or their drivers, passengers, or riders;
· the failure to drive or ride safely or within one's own ability;
· strenuous physical exertion and physical contact with other persons or participants;
· negligence on the part of other persons or participants; and
· NEGLIGENCE ON THE PART OF ANY OF THE RELEASEES.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE EVENT ACTIVITIES INCLUDING THOSE SET OUT ABOVE AND I ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DISABILITY, PARALYSIS, DEATH, OR PROPERTY DAMAGE OR LOSS RESULTING FROM THE RISKS, DANGERS, AND HAZARDS.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In CONSIDERATION of the RELEASEES agreeing to my participation in, and my presence at, the Event Activities, in any capacity or manner including as a participant, attendee, event worker, official, volunteer, event organizer, guest, or media member, and in permitting me to use the RELEASEES services, equipment, and facilities (the “Facilities”), and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree:1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE RELEASEES, and TO RELEASE AND SAVE HARMLESS THE RELEASEES from any and all liability for any loss, damage, expense, or injury, including death, that I or that my next of kin may suffer, as a result of my participation in or presence at the Event Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, RSBC 1996, C 337 ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF ANY OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM, OR WARN ME ABOUT, THE RISKS, DANGERS AND HAZARDS REFERENCED IN THE ASSUMPTION OF RISKS SECTION ABOVE;
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for all liability for any damage to property of or personal injury to any third party resulting from my participation in, or presence at, the Event Activities or my presence at the Facilities;
3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns, and representatives, in the event of my death or incapacity;
4. This Release Agreement and any rights, duties, and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the province of British Columbia and no other jurisdiction; and
5. Any litigation involving the parties to this Release Agreement shall be brought solely within the province of British Columbia and shall be within the exclusive jurisdiction of the Courts of British Columbia.
In entering into this Release Agreement, I am not relying on any oral or written representations or statements made by the Releasees with respect to the risks, dangers and hazards, or the safety, of the Event Activities, other than what is set forth in this Release Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY TICKING THE BOX ON THE REGISTRATION FORM I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST ANY OF THE RELEASEES.
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