Terms and Conditions
Assumption of Risk, Declaration, Waiver, Indemnity and Terms & Conditions of Entry
In consideration of Dryland Event Management (“Dryland”) accepting this entry form and permitting my participation in the Cape Pioneer Trek bike riding event (“the event”) organised by Dryland, which I acknowledge involves significant risk of physical harm, I agree as follows:
1. Assumption of Risk
- I certify that I have been advised that and am aware that participation in the event involves significant risk of injury, trauma, harm and damage to me, other participants, spectators and other persons attending or in the vicinity of the event and with this knowledge I voluntarily participate in the event fully accepting all such risks if they arise which may result in personal injury, death and damage.
- I am aware that the event will take place at a time and location that may make access to medical treatment and facilities difficult and that mountain bike riding is physically exerting and may result in injury, trauma, death or damage and that I may be exposed to natural elements such as storms and dangerous wildlife.
2. Representations and Warranties
I represent and warrant to Dryland that:
- I am in sufficiently good physical condition to safely participate in and complete the event and have no disability, impairment or ailment that will prevent me from safely participating in the event or that will be detrimental to my or any other person’s health, safety or physical condition while participating in the event or while at or near the event.
- I will be at least 19 years of age on the 31st of December 2017.
- The answers and information I have given in the registration form are all true and correct and that Dryland has relied on the answers and information in permitting me to participate in the event.
- I understand that this document is binding on me and creates an enforceable legal relationship between me and Dryland.
3. Consent to treatment
- I agree that if I suffer injury Dryland may at my expense arrange for me to receive medical treatment and emergency evacuation services as Dryland deem appropriate and I understand that any personal injury that I incur may be worsened or compounded by not only my actions but by the actions, omissions or negligence of others.
- I agree that I am responsible for my own medical and ambulance insurance as well as insurance for my personal belongings.
- I further understand that it is my responsibility to be medically fit to cycle.
4. Release and Discharge
I hereby unconditionally release and forever discharge from all liability Dryland and its directors, members, officers, employees, volunteers, agents, contractors, sponsors and proprietors of any land on which the event or any part of it is conducted from any and all claims, suits, demands, expenses, costs, damages or proceedings of any nature whatsoever arising from any personal injury, death, property damage or loss sustained by me as a result of my participation in the event and I hereby agree not to take legal action of any kind against Dryland in connection with the event or my participation in it.
- I hereby unconditionally indemnify and hold harmless, and shall keep indemnified and held harmless Dryland, its directors, officers, agents, marshals, contractors, helpers, sponsors, local authorities or their employees and proprietors of any land on which the event or any part of it is conducted from and against all liabilities, claims, suits, demands, expenses, costs, actions and proceedings of any nature whatsoever that may be brought against Dryland as a result of or in connection with any act, omission, default, failure or error on the part of Dryland, including any negligent act, omission, default, failure or error occurring wholly or partly during the event.
- I hereby unconditionally indemnify and hold harmless, and shall keep indemnified and held harmless Dryland, its directors, officers, agents, marshals, contractors, helpers, sponsors, local authorities or their employees and proprietors of any land on which the event or any part of it is conducted as a result of, or arising out of, whether directly or indirectly, the participants arrival and departure there from, attendance at registration, prize-giving or other function thereof, any loss or damage to bicycles or other equipment, however such loss or damage may arise regardless of whether or not the same shall have been caused directly or indirectly by the negligence, albeit gross, of one or more of all the aforementioned parties as set out.
- I agree that Dryland will not be liable for and I waive any right to claim any loss or damage, personal injury, death, economic loss or consequential loss whether in tort, in contract, under statute or otherwise, for any default, failure, negligence or error on the part of Dryland.
- I agree that Dryland’s liability under any statutory right or any condition or warranty implied or any relevant legislation which cannot be lawfully excluded is, to the full extent permitted by law, limited to payment by Dryland of the cost of having the event supplied again.
- I accept that I take part entirely at my own risk.
6. Terms and conditions of entry
- I am duly aware of the risks and hazards inherent upon entering the event locations and participating in the event at these locations.
- I voluntarily elect to enter the event locations and ride in the event. I enter the event at my own risk and responsibility and I have informed myself of the nature of this event and am aware that I will be exposed to risks that I am not normally exposed to.
- I have read and I agree to the Terms & Conditions of entry to this event.
- I confirm that I am an age of legal consent (that is 19 years or older in South Africa) and that I have read and understood this Assumption of Risk, Waiver of Liability Agreement and Terms & Conditions prior to signing it and agree that this agreement will be binding upon my heirs, next of kin, executors, administrators and successors.
- Persons signing this form as a guardian of a minor hereby consent to such minor being bound by the aforementioned to the extent, if any, to which such minor is not capable of waiving his/her rights as stipulated above.
- Photographic and video material taken by Dryland at the event may be used for publicity in future.
Cancellations & Refunds
- Team entries are fully transferable (only until 31 August 2017) at an admin fee of R750 (ZAR) per rider transferred.
- Refunds up to 30 June 2017 at 75% of deposit.
- Refunds from 1 July 2017 at 50% of deposit.
- No refunds after 1 August 2017.
- NO EXCEPTIONS.