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Waiver for 2026 Argus Apple Marathon
RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
(hereinafter the "Release Agreement")
BY SIGNING THIS RELEASE AGREEMENT, YOU WILL WAIVE OR GIVE UP
CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
It is a condition of your entry to and your participation in the Apple Race Series that you read and sign this document.
TO: KELOWNA APPLE RACE SERIES SOCIETY, KELOWNA APPLE TRIATHLON, KELOWNA APPLE MARATHON , THE PRODUCERS OF THE KELOWNA APPLE RACE SERIES, HIS MAJESTY THE KING IN THE RIGHT OF THE PROVINCE OF BRITISH COLUMBIA and their respective directors, officers, employees, volunteers, officials, event and course staff, first aid attendants, sponsors, agents, independent contractors, subcontractors, representatives, successors, vendors, stakeholders, assigns, other guests and all Apple Race Series participants (all of whom are hereinafter collectively referred to as the “Releasees").
DEFINITION
In this Release Agreement, the term “Event” shall include all activities and services provided, arranged, organized, conducted, sponsored or authorized by the Releasees in connection with the Kelowna Apple Race Series including but not limited to: triathlon, running, cycling, swimming, and other activities, events and services in any way connected with or related to the Kelowna Apple Race Series and associated events, including, and without limiting the forgoing, the Apple Triathlon and Apple Marathon.
ACKNOWLEDGEMENT BY PARTICIPANT
In consideration of being permitted by the Releasee’s to participate in this Event, I understand and acknowledge that by signing below that I am legally agreeing to the statements in this Release, Waiver of Liability, and Assumption of Risk and Indemnity Agreement (the “Release Agreement”) and that these statements are being accepted and relied upon by the Releasees, as defined. I hereby freely and voluntarily acknowledge and/or take action for myself, and on behalf of my spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on my behalf, as follows:
ASSUMPTION OF RISKS
I acknowledge that swimming, bicycling, running, and participation in triathlons or running events generally have inherent dangers and are a test of a person's physical and mental abilities and carries the potential for serious personal injury, partial or permanent disability, death and property damage or loss.
I am aware that participation in the Event involves risks, dangers and hazards that may include but are not limited to: risks associated with physical exertion and physical endurance activities; changing weather conditions; wind, rain, hail, heat wave, heat dome, or bad weather conditions; changing water conditions; drowning; mechanical failure of bicycles or equipment; slips; falls; loss of balance; malfunctioning or improperly worn helmets, high speed descents; difficulty in controlling one’s speed or direction; rapid or uncontrolled acceleration on hills or inclines; misapplication of brakes; variation in the cycling or running terrain including potholes, speed bumps, depressions or unevenness of the road surface or footpaths; steep or slippery sections; loose gravel; manhole covers and sewer grates; contact or collision with other swimmers, riders, runners, participants, vehicles, watercraft, unmanned aerial vehicles/drones, pedestrians, spectators, animals or natural or constructed objects; insects, viruses, bacteria, and other natural hazards; hypothermia; cold water immersion; disorientation; hyperthermia; dehydration; sun exposure; hyponatremia; heat exhaustion; heat stroke; mental or emotional strain; broken bones; cuts or lacerations; concussions; or other damage, death, or loss.
I further acknowledge that these risks include risks that may be result of negligent acts, omissions, and/or carelessness of the Releasees, including but not limited to negligent first aid; negligent controlling or officiating or otherwise contributing to the conduct of organizing the Event, negligence of other persons, including other participants in the Event; and NEGLIGENCE ON THE PART OF THE RELEASEES. I acknowledge, understand and accept these risks by my own free will.
I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATION IN THE EVENT.
I Understand and acknowledge the dangers associated with the consumption of alcohol and/or drugs before, during and after the Event and I recognize that consumption of alcohol and/or drugs might impair my judgment and motor skills. I assume responsibility for any injury, loss or damage associated with my consumption of alcohol and/or drugs.
I acknowledge and agree that it is my responsibility to determine whether I am of sufficient mental and physical capability and health to safely participate in the Event. I certify that I am sufficiently fit and physically trained to safely participate in the Event which I elect to enter. I certify that I have no physical or medical conditions that would endanger myself or others during participation in the Events, and that I have sufficiently trained to participate safely in the Event. I have not been advised against participation in the Event by a qualified health professional.
I accept responsibility for the condition and adequacy of my equipment, attire, and my conduct in connection with my participation in the Event. I understand and confirm that I will wear a helmet while engaging in cycling activities.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH PARTICIPATION IN THE EVENT AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
CONSENT TO MEDICAL CARE
I CONSENT to receive medical treatment for the purposes of treating or relieving injuries, illness or other physical harm that I may experience as a result of my participation in the Event. I acknowledge that this medical treatment may include physiotherapy and massage. I realize and appreciate there is a possibility of complication and unforeseen consequences in any medical treatment which I may receive and I assume that risk. I acknowledge that no warranty is made as to the results of any medical treatment. I agree to be responsible for and assume liability for any and all costs incurred as a result of training for and/or participation in the Event, including but not limited to medical care and treatment, physical therapy, pharmaceutical goods and services, except for care and treatment covered by insurance. I agree to indemnify and hold harmless the Releasees from all liability for such costs.
EVENT CANCELLATIONS OR REVOCATION
For the purposes of this document, "Apple Organizers" means the Apple Race Series Society, the organizing committees, race director, race officials, medical staff, all volunteers and all officers, directors, servants, employees, contractors, representatives and agents of the Apple Race Series Society.
I understand that the Apple Organizers reserve the right in their sole and complete discretion to deny entry or revoke the entry application of any participant. I waive any claim for damages arising from the denial or revocation of an entry application exceeding the amount of registration fees.
I acknowledge and agree that the designated Apple Organizers, in their sole discretion, may delay or cancel the Event if they believe the conditions on the race day are unsafe. In the event that the Event is delayed or canceled for any reason, including but not limited to acts of God or the elements, fire, air quality, flood, public disaster, threatened or actual strike or work stoppage, acts of terrorism, race course conditions or any other cause beyond the control of the Apple Organizers. I acknowledge that there shall be no refund of entry fees or any other costs incurred in connection with the Event.
I consent to the Apple Organizers using any photo or video of me as well as my personal information contained in my Entry for the Event, without compensation, but only for purposes associated with the legitimate purposes of the Event in organizing or promoting triathlons and running events. I authorize the Apple Race Series Society to send me emails about this year’s Event and future races.
I acknowledge that I should obtain my own insurance and coverage to insure myself against injury, property damage and liability.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of THE RELEASEES allowing me to participate in the Event, I hereby agree as follows:
1.TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE RELEASEES and
TO WAIVE, RELEASE, AND FOREVER DISCHARGE THE RELEASEES, race sanctioning body, event sponsors, race directors, volunteers, staff, property owners, administrators, contractors, vendors, Provincial or municipal agencies whose property or personnel are in any way being used to facilitate the Event, any respective parent, subsidiary or affiliated organizations, and all other individuals participating in, controlling, officiating, involved in or otherwise contributing to the conduct of organizing or watching the Apple from any and all liability for any loss, damage, expense or injury including death that I may suffer or that my next of kin may suffer as a result of my participation in the Event 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. R.S.B.C. 1996, c. 337.ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATION IN THE EVENT REFERRED TO ABOVE;
2. NOT TO BRING LAWSUIT OR CLAIM against any of the Releasees, for any claims, losses or liabilities that I have waived, released or discharged in this document or any other reason related to the Event.
3. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party arising out of or resulting from, directly or indirectly, in whole or in part, my actions or inaction, the actions, inaction or negligence of others including the Releasees, the conditions of the locations, equipment or facilities where the Event or other associated activities are being conducted, the implementation of Competition Rules applicable to the Event, or any other cause arising from or related to my participation in the Event;
4. 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;
5. 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;
6. 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 the Province of British Columbia; and
7. If any provision of this Waiver is deemed unlawful, void or for any reason, unenforceable, then the provision shall be deemed severable from this Waiver and shall not affect the validity and enforceability of any remaining provisions. The Releasees and all participants commit themselves to replace any such invalid or unenforceable provision (or the invalid or unenforceable part thereof) by such valid and enforceable provision that comes closest to the intent and purpose of such invalid or unenforceable provision (or the invalid or unenforceable part thereof).
Note: This Section is for Adults (19 years and older)
Every member of each Relay Team must sign a Waiver
I confirm that I am today nineteen (19) years of age or Older, have agreed to enter into the event and sign this document of my own free will and desire; I HAVE READ AND UNDERSTAND THIS DOCUMENT AND ITS
CONTENTS, AND I AM AWARE THAT SIGNING IT WAIVES CERTAIN LEGAL RIGHTS.
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 safety of participation in the Event, other than what is set forth in this Agreement.
RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
(hereinafter the "Release Agreement")
BY SIGNING THIS RELEASE AGREEMENT, YOU WILL WAIVE OR GIVE UP
CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
It is a condition of your entry to and your participation in the Apple Race Series that you read and sign this document.
TO: KELOWNA APPLE RACE SERIES SOCIETY, KELOWNA APPLE TRIATHLON, KELOWNA APPLE MARATHON , THE PRODUCERS OF THE KELOWNA APPLE RACE SERIES, HIS MAJESTY THE KING IN THE RIGHT OF THE PROVINCE OF BRITISH COLUMBIA and their respective directors, officers, employees, volunteers, officials, event and course staff, first aid attendants, sponsors, agents, independent contractors, subcontractors, representatives, successors, vendors, stakeholders, assigns, other guests and all Apple Race Series participants (all of whom are hereinafter collectively referred to as the “Releasees").
DEFINITION
In this Release Agreement, the term “Event” shall include all activities and services provided, arranged, organized, conducted, sponsored or authorized by the Releasees in connection with the Kelowna Apple Race Series including but not limited to: triathlon, running, cycling, swimming, and other activities, events and services in any way connected with or related to the Kelowna Apple Race Series and associated events, including, and without limiting the forgoing, the Apple Triathlon and Apple Marathon.
ACKNOWLEDGEMENT BY PARTICIPANT
In consideration of being permitted by the Releasee’s to participate in this Event, I understand and acknowledge that by signing below that I am legally agreeing to the statements in this Release, Waiver of Liability, and Assumption of Risk and Indemnity Agreement (the “Release Agreement”) and that these statements are being accepted and relied upon by the Releasees, as defined. I hereby freely and voluntarily acknowledge and/or take action for myself, and on behalf of my spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on my behalf, as follows:
ASSUMPTION OF RISKS
I acknowledge that swimming, bicycling, running, and participation in triathlons or running events generally have inherent dangers and are a test of a person's physical and mental abilities and carries the potential for serious personal injury, partial or permanent disability, death and property damage or loss.
I am aware that participation in the Event involves risks, dangers and hazards that may include but are not limited to: risks associated with physical exertion and physical endurance activities; changing weather conditions; wind, rain, hail, heat wave, heat dome, or bad weather conditions; changing water conditions; drowning; mechanical failure of bicycles or equipment; slips; falls; loss of balance; malfunctioning or improperly worn helmets, high speed descents; difficulty in controlling one’s speed or direction; rapid or uncontrolled acceleration on hills or inclines; misapplication of brakes; variation in the cycling or running terrain including potholes, speed bumps, depressions or unevenness of the road surface or footpaths; steep or slippery sections; loose gravel; manhole covers and sewer grates; contact or collision with other swimmers, riders, runners, participants, vehicles, watercraft, unmanned aerial vehicles/drones, pedestrians, spectators, animals or natural or constructed objects; insects, viruses, bacteria, and other natural hazards; hypothermia; cold water immersion; disorientation; hyperthermia; dehydration; sun exposure; hyponatremia; heat exhaustion; heat stroke; mental or emotional strain; broken bones; cuts or lacerations; concussions; or other damage, death, or loss.
I further acknowledge that these risks include risks that may be result of negligent acts, omissions, and/or carelessness of the Releasees, including but not limited to negligent first aid; negligent controlling or officiating or otherwise contributing to the conduct of organizing the Event, negligence of other persons, including other participants in the Event; and NEGLIGENCE ON THE PART OF THE RELEASEES. I acknowledge, understand and accept these risks by my own free will.
I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATION IN THE EVENT.
I Understand and acknowledge the dangers associated with the consumption of alcohol and/or drugs before, during and after the Event and I recognize that consumption of alcohol and/or drugs might impair my judgment and motor skills. I assume responsibility for any injury, loss or damage associated with my consumption of alcohol and/or drugs.
I acknowledge and agree that it is my responsibility to determine whether I am of sufficient mental and physical capability and health to safely participate in the Event. I certify that I am sufficiently fit and physically trained to safely participate in the Event which I elect to enter. I certify that I have no physical or medical conditions that would endanger myself or others during participation in the Events, and that I have sufficiently trained to participate safely in the Event. I have not been advised against participation in the Event by a qualified health professional.
I accept responsibility for the condition and adequacy of my equipment, attire, and my conduct in connection with my participation in the Event. I understand and confirm that I will wear a helmet while engaging in cycling activities.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH PARTICIPATION IN THE EVENT AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
CONSENT TO MEDICAL CARE
I CONSENT to receive medical treatment for the purposes of treating or relieving injuries, illness or other physical harm that I may experience as a result of my participation in the Event. I acknowledge that this medical treatment may include physiotherapy and massage. I realize and appreciate there is a possibility of complication and unforeseen consequences in any medical treatment which I may receive and I assume that risk. I acknowledge that no warranty is made as to the results of any medical treatment. I agree to be responsible for and assume liability for any and all costs incurred as a result of training for and/or participation in the Event, including but not limited to medical care and treatment, physical therapy, pharmaceutical goods and services, except for care and treatment covered by insurance. I agree to indemnify and hold harmless the Releasees from all liability for such costs.
EVENT CANCELLATIONS OR REVOCATION
For the purposes of this document, "Apple Organizers" means the Apple Race Series Society, the organizing committees, race director, race officials, medical staff, all volunteers and all officers, directors, servants, employees, contractors, representatives and agents of the Apple Race Series Society.
I understand that the Apple Organizers reserve the right in their sole and complete discretion to deny entry or revoke the entry application of any participant. I waive any claim for damages arising from the denial or revocation of an entry application exceeding the amount of registration fees.
I acknowledge and agree that the designated Apple Organizers, in their sole discretion, may delay or cancel the Event if they believe the conditions on the race day are unsafe. In the event that the Event is delayed or canceled for any reason, including but not limited to acts of God or the elements, fire, air quality, flood, public disaster, threatened or actual strike or work stoppage, acts of terrorism, race course conditions or any other cause beyond the control of the Apple Organizers. I acknowledge that there shall be no refund of entry fees or any other costs incurred in connection with the Event.
I consent to the Apple Organizers using any photo or video of me as well as my personal information contained in my Entry for the Event, without compensation, but only for purposes associated with the legitimate purposes of the Event in organizing or promoting triathlons and running events. I authorize the Apple Race Series Society to send me emails about this year’s Event and future races.
I acknowledge that I should obtain my own insurance and coverage to insure myself against injury, property damage and liability.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of THE RELEASEES allowing me to participate in the Event, I hereby agree as follows:
1.TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE RELEASEES and
TO WAIVE, RELEASE, AND FOREVER DISCHARGE THE RELEASEES, race sanctioning body, event sponsors, race directors, volunteers, staff, property owners, administrators, contractors, vendors, Provincial or municipal agencies whose property or personnel are in any way being used to facilitate the Event, any respective parent, subsidiary or affiliated organizations, and all other individuals participating in, controlling, officiating, involved in or otherwise contributing to the conduct of organizing or watching the Apple from any and all liability for any loss, damage, expense or injury including death that I may suffer or that my next of kin may suffer as a result of my participation in the Event 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. R.S.B.C. 1996, c. 337.ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATION IN THE EVENT REFERRED TO ABOVE;
2. NOT TO BRING LAWSUIT OR CLAIM against any of the Releasees, for any claims, losses or liabilities that I have waived, released or discharged in this document or any other reason related to the Event.
3. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party arising out of or resulting from, directly or indirectly, in whole or in part, my actions or inaction, the actions, inaction or negligence of others including the Releasees, the conditions of the locations, equipment or facilities where the Event or other associated activities are being conducted, the implementation of Competition Rules applicable to the Event, or any other cause arising from or related to my participation in the Event;
4. 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;
5. 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;
6. 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 the Province of British Columbia; and
7. If any provision of this Waiver is deemed unlawful, void or for any reason, unenforceable, then the provision shall be deemed severable from this Waiver and shall not affect the validity and enforceability of any remaining provisions. The Releasees and all participants commit themselves to replace any such invalid or unenforceable provision (or the invalid or unenforceable part thereof) by such valid and enforceable provision that comes closest to the intent and purpose of such invalid or unenforceable provision (or the invalid or unenforceable part thereof).
Note: This Section is for Adults (19 years and older)
Every member of each Relay Team must sign a Waiver
I confirm that I am today nineteen (19) years of age or Older, have agreed to enter into the event and sign this document of my own free will and desire; I HAVE READ AND UNDERSTAND THIS DOCUMENT AND ITS
CONTENTS, AND I AM AWARE THAT SIGNING IT WAIVES CERTAIN LEGAL RIGHTS.
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 safety of participation in the Event, other than what is set forth in this Agreement.
Check here to show you accept the terms stated above for yourself or for a minor volunteer for which you are a parental guardian.
