Participant Indemnity Information
Please read the following event participant waiver and agreement carefully, as it will affect your future legal rights. By participating in any AFRICAN ICONS NPC events accept the below and you acknowledge that you have carefully read and fully understood the waivers and agree to the terms.
1. WAIVER & RELEASE OF CLAIMS, ASSUMPTION OF RISK AND CONSENT TO MEDICAL TREATMENT
- I understand that participating in AFRICAN ICONS NPC Event is an inherently dangerous activity that may present challenging single-track paths, water crossings, rocky sections, other riders, public vehicles, pedestrians, steep descents, drop-offs, mud, rocks, corrugated road, grass, wet grass, wooden or metal bridges, fences, barbed wire fences etc.
- I understand that participating in the Event involves the risks of severe physical injury and/or death that cannot be completely eliminated.
- I voluntarily, knowingly and freely assume all risks associated with taking part in the Event, including, but not limited to, my own actions or inactions, the actions or inactions of others (including participants, staff or spectators), falls, illness, infection, contact with others (including participants, staff or spectators), premises defects and the effects of weather, including high heat and/or humidity.
- I agree not to act irresponsibly during the event, as doing so may cause serious physical injury.
- I certify that I am physically fit and have no medical condition that would make participation in the Event more hazardous.
- If I am pregnant, disabled in any way or have recently suffered an illness or injury; I should have or did consult a physician before participating in the Event.
- I agree not to consume alcohol prior to the Event or use any medicines or substances that will inhibit my mental or physical ability to safely and effectively participate in the Event.
- I consent to medical care and transportation in order to obtain treatment in the event of injury to me, volunteers or medical professionals may deem appropriate and understand that this Waiver & Release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
- I agree that AFRICAN ICONS NPC is not responsible for any personal items or property that is lost, damaged or stolen at the Event.
- I consent to the use of my image in photographs, motion pictures or recordings taken at the Event for use in Event advertising, marketing or promotion.
- I assign all rights, title, and interest in any and all photographs, motion pictures, recordings or other records of the Event I may take or capture to AFRICAN ICONS NPC. AFRICAN ICONS NPC, grants to me a limited, non-exclusive, perpetual right and license to use, for non-commercial purposes only, any and all photographs, motion pictures, recordings, or other records of the Event I may take or capture.
- I agree that AFRICAN ICONS NPC reserves the right to cancel the Event in the event of extreme weather (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots or for any reason that, in AFRICAN ICONS NPC’s discretion, will protect the safety and security of Event participants and spectators. In the event of such cancellation, there will be no refund of my registration fee.
2. THE AFRICAN ICONS NPC WAIVER & RELEASE OF ALL CLAIMS / ASSUMPTION OF RISK
- I understand that AFRICAN ICONS NPC is committed to conducting its Event in a safe manner and holds the safety of participants in the highest regard. I understand that AFRICAN ICONS NPC continually strives to reduce such risks and insists that all participants follow safety rules and instructions that are designed to protect the participant’s safety. I also understand, however, that participants and parents/guardians of minors registering for the Event recognise that there is an inherent risk of severe physical injury and/or death when choosing to participate in the Event. I am solely responsible for determining if I am (or my minor child/ward is) physically fit and/or sufficiently skilled for the Event.
- I recognise and acknowledge that there are risks of physical injury to participants in the Event, and I freely and voluntarily agree to assume the full risk of any and all injuries, damages or loss, regardless of severity, that I may sustain as a result of said participation.
- I approve my participation in the Event. I assume all risks and hazards incidental to such participation in the Event, and I release, absolve, indemnify, and agree to hold harmless AFRICAN ICONS NPC its owners, officers, past and present employees, agents, representatives, assigns, administrators, executors, volunteers, and all city, county and state governments, and all Event sponsors, their representatives and successors, and other persons, for any claim arising out of an injury to me and from any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with me in the Event.
3. ONLINE REGISTRATION AGREEMENT AND LIABILITY WAIVER (AGREEMENT)
- AFRICAN ICONS NPC shall not be liable for any direct, indirect, incidental, special or consequential damages, including lost profits, resulting from (a) the use or the inability to use online registration, (b) resulting from any transactions made or services or goods purchased through online registration or (c) resulting from unauthorized access to or alteration of any transmissions or data.
- Use of online registration is at my own risk, on an as-is and as available basis and AFRICAN ICONS NPC makes no warranty that its site or services will be uninterrupted, secure or error-free. I understand and agree that any material and/or data downloaded or otherwise obtained through the use of online registration, is at my own discretion and risk and that I will be solely responsible for any damage to my own computer system or loss of data that results from the download of such material and/or data.
- I agree to indemnify and hold online registration harmless from and against any and all damages, costs, claims or demands, including reasonable attorney’s fees, made by any third party due to or arising from or relating to my use of online registration or the violation of any term of this Agreement.
- I understand that online registration is controlled by AFRICAN ICONS NPC. By completing this event registration, I agree that the statutes and laws of South Africa without regard to the conflict of laws principles thereof will apply to all matters relating to this event registration and Agreement. I further agree and expressly consent to the exercise of personal jurisdiction in the courts of South Africa in connection with any dispute or claim with AFRICAN ICONS NPC.