Limitation of Liability, Indemnity and Refund Policy
In broad terms, this is an agreement with you that limits liability under certain circumstances for loss, damage or injury you may suffer arising from your participation in the event. It is important that you read and understand the contents hereof, as you will be bound to these terms.
This Limitation of Liability and Indemnity applies to all participants. It does not matter who or how you entered for the event. This Limitation of Liability and Indemnity applies to you even if someone else submitted your entry. Any person who enters someone else for an event warrants that they have been authorised to do so and to can legally bind the participant to this agreement.
IF YOU ARE ENTERING ON BEHALF OF YOUR MINOR, YOU CONFIRM THAT YOU ARE DULY AUHORISED IN LAW TO ACT AND LEGALLY BIND THE MINOR. YOU AGREE TO HOLD THE ORGANISER HARMLESS FROM ANY CLAIMS AGAINST THE ORGANISER AS A RESULT OF THE ABSENCE OF SUCH LEGAL AUTHORITY.
Yes. It is an event with many participants. Some are professionals, but others are novices.
YOU THEREFORE UNDERSTAND THAT THERE ARE RISKS AND HAZARDS ASSOCIATED WITH AN EVENT LIKE THIS AND THAT THE POSSIBLE EFFECTS OF THESE RISKS CAN RANGE FROM MINOR INJURIES TO SEVERE INJURIES TO DEATH, AND IN RELATION TO YOUR PROPERTY CAN RANGE FROM MINOR DAMAGE TO SEVERE DAMAGE TO COMPLETE DESTRUCTION OR LOSS.
5. Who are covered by this Limitation of Liability and Indemnity?
AS FAR AS THE LAW ALLOWS, WE ARE NOT LIABLE TO YOU FOR ANY LOSS, DAMAGE, INJURIES OR DEATH YOU MAY SUFFER FROM PARTICIPATING IN THIS EVENT UNLESS THE LOSS, DAMAGE, INJURIES OR DEATH RESULTED FROM OUR FAULT AND THE CLAIM IS COVERED BY OUR PUBLIC LIABILITY INSURANCE COVER. THIS LIMITATION ALSO APPLIES TO ACTIVITIES ASSOCIATED WITH, OR INCIDENTAL TO, THE EVENT OR FROM USING ANY FACILITIES OR SERVICES WHICH ARE PROVIDED AT THE EVENT BY THE PARTIES COVERED IN PARAGRAPH 5 ABOVE.
WE DO NOT UNDER ANY CIRCUMSTANCES ACCEPT LIABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE.
THE EVENT IS ORGANISED ON A BEST EFFORT BASIS AND ALL WARRANTIES AS TO THE QUALITY OF THE EVENT ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMISSIBLE AT LAW.
YOU AGREE THAT THIS LIMITATION OF OUR LIABILITY APPLIES TO YOU, YOUR ESTATE AND YOUR DEPENDENTS. Parents, legal guardians or dependents of a participant may claim against us, but only insofar as the participant who suffered the damages in the first place had a claim against us under the abovementioned clause and subject always to the terms of this Limitation of Liability and Indemnity in respect of such claim by the participant.
YOU AGREE TO HOLD US HARMLESS FROM ANY CLAIMS AGAINST US BY OTHER PARTIES (SUCH AS YOUR SPOUSE, DEPENDENTS) AS A RESULT OF YOUR LOSS, DAMAGE, INJURY OR DEATH.
Yes, we have a public liability insurance policy in place, but our insurance cover will only pay out subject to the policy’s terms.
Yes. The rules for each event are available on the webpage for the event or upon request from the event organiser. Our rules are there to promote your safety, and you agree to stick to the rules of the event and to obey our instructions.
Other rules also apply to the event, such as the rules of sporting codes or bodies, the road, local government rules and any rules that apply to a facility or area used for the event.
- The event is open to any participant with their equipment, such as a bicycle or running shoes, in good working order.
- Communication on event related matters may be done by e-mail, SMS, WhatsApp and/or social media. It is each entrant's responsibility to supply the correct contact details and keeping details up to date.
- The organiser reserves the right to refuse any person's entry.
- Every entrant shall participate carefully and with due regard to the safety of other participants and other road users. • In a cycle event, every rider shall wear a bicycle helmet with the strap securely fastened under his/her chin.
- Every participant shall immediately comply with the instructions of a marshal and/or a traffic officer.
- A participant may not use a personal music system, e.g. iPod, or a radio communication device, including a cellular phone, whilst riding.
- A participant shall not use foul or offensive language or make offensive, indecent or inappropriate gestures.
- A participant shall wear clothing appropriate for a family event at all times.
- A participant shall not dispose of any litter along the race course except in refuse bins.
- A participant shall provide reasonable assistance to any other participants involved in an accident while competing in the event.
- For a cycling race, a rider shall be responsible to other riders for the proper control of his/her bicycle.
- A participant may not participate whilst under the influence of alcohol or any drug or medication that prevents or might prevent a participant from properly participating in the event.
- A participant shall not display on his/her bicycle, clothing and cycling equipment any writing, logo or item that is offensive.
- Any reasonable medical or emergency evacuation costs incurred on behalf of a participant by the race organisers will be for the cost of the participant.
You expressly agree that we may collect, use and share your personal information on the basis and with the people as described below.
When you create a profile and enter an event, we ask for information. This includes demographic information and information about your health. Your health information includes information about your medical aid and previous medical conditions.
You, or the person who has entered you, are our source where we get your information from. We only use the information to organise the event you have entered, to communicate with you about other events we are involved in and to send you promotional material from the sponsors of the event you participate in.
You agree that we may share your personal information with the Sports Association for this type of event and the event organisers of events you enter, and we may give your medical information to any emergency or health professional attending to you on event day for purposes of giving you medical treatment and care. We will not give your information to anyone else.
I affirm that I am of legal age and am freely signing this Agreement. I have read this Agreement and fully understand that I am giving up legal rights and remedies that I might have now or in the future.
If the participant is a minor, I affirm that I am of legal age and am the parent or legal guardian of that minor. On behalf of the minor, I have read this Agreement and fully understand that I am giving up legal rights and remedies that I, my spouse, a legal guardian for the minor, or the minor might have now or in the future.