FREEDOM CIRCUIT INDEMNITY

 

BY PROCEEDING WITH REGISTERING FOR THE EVENT, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CAREFULLY READ AND FULLY UNDERSTOOD THE AGREEMENT AND AGREE TO THE TERMS SET FORTH BELOW.

 

In consideration of Freedom Circuit Pty Ltd (the “Event Organisers”) accepting my participation in the Freedom Circuit (the “Event”), I agree to this release of claims, waiver of liability and assumption of risk. For the purpose of this agreement the Indemnified Party refers to Event Organisers and/or Private Land Owners and/or KZN Ezemvelo Wildlife and/or Eastern Cape Parks and Tourism Agency (ECPTA) acknowledge that participating in the Event is a dangerous activity and that by such participation I am exposed to certain risks. I acknowledge that the enjoyment of the trail is derived in part from the inherent risks and exertion beyond the accepted safety of life at home or at work and that these inherent risks contribute to such enjoyment and/or fulfilment and are a reason for my participation in the Event. I have read and understood the rules and regulations relating to the Event.

 

I also agree that in the event I am injured or my property is damaged I will bring no claim, legal or otherwise, against the Indemnified Party with respect to that injury or damage.· I agree to Freedom Circuit entering my personal details in the entry form into a database that will be used for the administration of the Event and which may be used for future marketing and promotion of Freedom Circuit Pty Ltd and/or Squarefish Events Pty Ltd and/or Freedom Trail Tours Pty Ltd.· I agree to allow my name, results, photographs, videos, multimedia or film likeness to be used for any legitimate purpose by Squarefish Events, the sponsors, or assigns without payment or compensation.

 

I agree to abide by the Event rules, carry all Compulsory Gear at all times and follow the directions of all Event officials. Failing to do so can result in time penalties or disqualification.·

 

I assume full and complete responsibility for any injury or accident, which may occur while I am travelling to or from the event, during the event, or while I am on the premises of the event and the race route, including Registration Venues and the event Support Stations. ·

 

I also am aware of and assume all risks associated with participating in this event, including but not limited to falls, contact with other participants, effects due to weather, wildfires, traffic incidents, and conditions related to dangerous terrain.

 

I acknowledge that the Event Organiser may be unable to go ahead with the event due to circumstances beyond their control and that the Event Organiser has the right to cancel, re-route or postpone the Event. These circumstances include but are not limited to the following:

o An ‘Act of God’ such as but not limited to pandemics, fires, explosions, earthquakes, drought, tidal waves and floods;

o Extreme weather conditions;

o Participant and spectator safety considerations;

o War, hostilities (whether war be declared or not), invasion, an act of foreign enemies, mobilisation, requisition, or embargo;

o Rebellion, revolution, insurrection, military or usurped power, or civil war;

o Contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;

o Riot, commotion, strikes, go-slows, lock outs or disorder;

o Acts or threats of terrorism; or

o Other unforeseeable circumstances beyond the control of the Event against which it would have been unreasonable for the affected party to take precautions and which the affected party cannot avoid even by using its best efforts.I acknowledge that in any of the above circumstances my entry fees will be non-refundable.

 

I acknowledge that by entering this area and/or participating in this activity Indemnified Party, its directors, employees and agents are not liable to me for: · loss, damage or destruction of any property; or· death or bodily injury to any person;· even if caused by the negligence of Indemnified Party, its directors, employees and agents, its directors, employees or agents. I assume full responsibility for the decision, and the consequences thereof, to take part in the Activity.

 

I understand the severity of this event and the necessity for endurance and experience in mountain biking and navigation.I am aware that I will be passing through terrain and conditions where my personal safety and well-being cannot be guaranteed.I confirm that I will not hold the Race Director, Race Organizer or any persons involved in the staging of this event or any of their agents liable for any damage or injury sustained to my person or my property during the event.

 

I understand that I am responsible for replacing the tracker should it be damaged or lost. Replacement value is R3000

 

I agree to abide by the Race Rules.

 

MEDICAL WAIVER

 

I declare, as a condition of entry to the Event, that I will be sufficiently trained for this event and that I am not aware of any illness, injury or any other physical disability which may cause me injury or death whilst participating in the Event.

 

I acknowledge and understand that whilst participating in the Event:I may be required to provide samples to the SAIDS anti-doping officials, and if I refuse to submit such samples it will be assumed that I am guilty and be disqualified;

 

I may be injured, physically or mentally, or may die from various causes including, but not limited to, overexertion, dehydration, cardiac arrest, slips, trips or falls, exposure to wildfires, accidents with other participants, spectators and road users, or accidents caused by my own actions.I may be in a remote or isolated location where access to medical support may be limited and take significant time to reach me;

 

There may be no or inadequate facilities for treatment or transport of me if I am injured;

 

I assume the risk and responsibility for any injury, death or property damage resulting from my participation in the Event.

 

I agree that if I am injured or require medical assistance, the Event Organisers can, at my cost, arrange medical treatment and emergency evacuation as deemed necessary. I agree that I am responsible for my own medical and ambulance insurance cover.

 

I will declare the following medical information to the Event Organisers during Registration in the medical space:· any medical history and/or pathology, in particular, those which may increase risk during the sport· the regular use of treatments and medicines during the 15 days prior to the start of the race· I accept that I may be asked to obtain a Medical Certificate from a Specialist clearing myself specifically for the Event and that further medical evaluation by the Event Medical team may be necessary.

 

I accept that a negative decision to partake in the event by the Event Medical Team is final. The medical information declared on the health space is accessible only to the Medical and Event Organisers.· In the event that I become aware of any medical condition or impairment, or am otherwise sick or injured prior to or during the event, I will withdraw from the Event.

 

I hereby provide informed consent that my medical, training, race performance, and injury information may be used by Freedom Circuit and their nominated research partners for research purposes only. I further understand and acknowledge that all analysed, researched or published information will remain anonymous, and will be treated and handled with the utmost confidentiality.

 

I agree to release, indemnify and hold harmless the Event Organisers, its officers, employees, agents, volunteers, contractors, public bodies, landholders and sponsors, from and against any and all claims, demands, right or cause of action, suits, expenses, costs and proceedings of any nature whatsoever which may be made by me or on my behalf or by other parties for or in respect of or arising out of any injury, loss, damage or death caused to me or my property as a result of my entry or participation in the Event whether by negligence, breach of contract or in any way whatsoever.

 

The parties agree that this agreement may be signed electronically in terms of the Electronic Communications and Transactions Act and that in terms of ECTA, the agreement, in electronic format, is not without legal force and effect merely because it is wholly or partly in the form of a data message.