I acknowledge and agree that the sporting event organised and/or managed by the event organiser (“FNB Cape Town 12 ONE RUN”) is an event which includes inherent risks of serious injury, illness, death and/or damage to participants, sports and other equipment.
I acknowledge that the risks inherent in the event, include, but are not limited to risks arising from my skill and ability as a mountain biker and endurance sport participant, my nutrition and fluid intake, my fitness and health prior to the event, the terrain which the event traverses, road surface, weather conditions, water conditions, vehicular traffic, the actions of other competitors, the event organiser, sponsors and their principals, representatives, agents and assigns. I undertake and agree to seek medical or any other assistance from the event organiser, if I sense or observe and hazard or unsafe condition, or if, at any time, I feel unable to unfit to safely continue participating in the event for any reason. I furthermore undertake to withdraw from participation in the event if advised or instructed by the event organiser to do so or if I, at any time, sense or observe any unusual hazard or unsafe condition and I am in any way concerned that it is unsafe for me to continue with the event or if I, in any way feel unable or unfit to safely continue with the event.
I acknowledge and agree that the event may be cancelled due to forces beyond the event organiser’s control (with such forces including, but not limited to: any acts of God, strike, war, riots, fire, floods, legislation, insurrection, sanctions and/or trade disputes) and that in such circumstances, the event organiser shall not be required to refund the event’s entry fee to me. I appreciate and understand the risks inherent in the event and my participation therein. I accept these risks and confirm that I participate in the event at my own sole and absolute risk.
I undertake to follow all the rules of the event and all directions and/or instructions given to me by the event organiser and its principals, representatives, agents and assigns and understand that the event organiser’s events are sanctioned by CSA, TSA, national athletics bodies and provincial athletics bodies, applicable license fees will be charged accordingly.
I understand that I may be photographed and/or filmed before, during and after the event. I agree that the event organiser, the sponsors and their principals, representatives, agents and assigns may utilize any photographic, film or video image or likeness of me and my name for any legitimate purpose in connection with the event or future events to be organized by the event organiser.
I acknowledge that, due to my participation in the event, the event organisers shall contact me from time to time (by means of electronic mail, the short message service and/or telephone calls) for purpose of: (i) communicating event related information; (ii) advertising certain products and/or services which may assist me in my preparation for, and performance in, the event; and/or (iii) advertising athletics, mountain biking and/or other running events organised and/or managed by the event organiser. Accordingly i hereby consent to any such communication.
Whilst reasonable safety and precautionary measures are taken by the event organiser to ensure my safety, the event organiser, sponsors, third party service providers to the event, private landowners who grant access to their property for the purposes of the event and their principals, representatives, agents and assignees (“the parties”) do not accept any responsibility for any claim whatsoever arising from death, injury or loss and/or damage to person or property occasioned as a result of my participation in the event.
I accordingly hereby indemnify and hold harmless the parties to the fullest extent possible in law, against any claims occasioned as a result of my participation in the event of whatsoever nature or howsoever caused, including, without limitation, any loss, injury, harm, illness, death or damage of whatsoever nature and howsoever caused arising directly or indirectly out of any act or omission, including negligent acts of negligent omissions by the parties, including any claim for consequential loss of damage, loss of profits or any claim by any of my dependants arising from events related to, in connection with or occasioned as a result of my participation in the event.
I confirm that I understand the importance and the meaning of this liability disclaimer, the waiver of claims, and indemnity and that by agreeing hereto, I am waiving substantial legal rights (on my own behalf and on behalf of my dependants). I acknowledge that I have been free to secure independent legal and/or other advice as to the nature and effect of all the provisions of this liability disclaimer, waiver and indemnity and that I have either taken such independent legal and/or other advice, or dispensed with the necessity of doing so.