What is this agreement about?
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.
It applies to all participants
Whether you are cycling or not, so it includes those who go on Tour as spectators. It does not matter who or how you entered for the event. This Limitation of Liability & 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 legally bind the participant to this agreement.
If you are a minor, i.e. younger than 18, you may not participate unless your parent(s) or your legal guardian(s), have agreed to be bound by this Limitation of Liability and Indemnity. Anyone under the age of 18 might have to meet with the organisers prior to participating, as we can not know whether you are capable of riding sich distances
If you are entering on behalf of a minor, you confirm that you are duly authorised in law to act and legally bind the minor. You agree to hold us harmless from any claims against us as a result of the absence of such legal authority.
Are there risks?
Yes, plenty. It is an event with many participants. Some are professionals, but others are novices. The event attracts a large number of participants and spectators, and takes place at high speeds on an extended course running over a varied terrain that could include urban areas, nature reserves, mountainous terrain and gravel and bitumen roads. You accept that we cannot manage all potential risks, even foreseen ones, otherwise it would not be feasible to organise this event.
You 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.
Who is covered
The Organisers (including our employees and subsidiaries) are covered by this Limitation of Liability and Indemnity as well as the volunteers who help with the event, the local authority where the event is held, the toll road operator(s) and road maintenance agencies if the event takes place on a road under its concession.
Doctors, paramedics and other medical personnel who attend to you at the event do so independently from us and they are not our representatives or contractors. It is you choice to make use of these services and you do so at your own risk.
Can you claim from us?
As far as the law allows, we are not liable to you for any loss, damage, injuries of death you may suffer from participating in this event unless the loss, damage, injuries or death resulted from our negligence 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 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.
The content of the limitation of liability and indemnity must be interpreted to the extent necessary to ensure compliance with the consumer protection act 68 of 2008. If a court finds that any part of this limitation of liability and indemnity is void such finding will only apply to that part and the rest will remain valid and binding.
Can anyone else claim?
You agree that this limitation of our liability applies to you, your estate and your dependents. 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.
Do we have insurance cover?
Yes, we have a public liability insurance policy in place, but our insurance cover will only pay out subject to the policy’s terms.
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.
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 only source where we get your information from. You hereby certify that the information provided by you for this event is true and correct.
You agree that we may share your personal information with the organisers of events you enter and further necessary parties in order to run the event. 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.
If you experience any pain or discomfort during the Tour you must immediately inform the organisers. You agree to submit to any medical examination, diagnosis or treatment administered by a suitably-qualified medical professional.
You hereby consent to such medical treatment as may be deemed advisable and authorise the organiser to notify your next of kin or other emergency contacts.
You understand that the event will involve prolonged strenuous activity and that you need to achieve an appropriate level of fitness in order to participate. If you have any concerns whatsoever about your physical fitness or health, or any medical conditions that may affect your safe participation, you must consult your Doctor. You certify that you are physically fit and hereby assume all the risks of participating in the Event.
Should anybody be forced to withdraw from the event for any reason the following recovery procedures will apply. A sweep vehicle will travel behind all participants to assist/collect anyone with problems (mechanical and/or otherwise) and transfer them to the next checkpoint.
Entry fees are non-refundable, but transferable. Should you not be able to take part in the event then you may transfer your entry to another event or another individual.
If you are unable to take part in the event and wish to have your entry substituted, you may ask the substitute rider to reimburse you. You must ensure that your substitute rider follows the correct entry procedure. If this is not adhered to then both parties could be sanctioned.
The Tour will take place regardless of bad weather and will only be cancelled, re-routed or stopped for reasons of safety and at the discretion of the organisers. In this event, entry fees are not refundable.
The organiser reserves the right to refuse any person’s entry, or cancel any person’s entry before or during the Tour.
Tour related matters will be communicated primarily by e-mail and on www.tdbevents.co.za, but may include sms, whatsapp, facebook, twitter and social media. It is your responsibility to keep your contact details up to date by contacting the organisers on email@example.com.
You consent to the use of all photographic or video material pertaining to your participation in the Tour, made by the organisers or their assignees, during any activity deemed to be part of the Tour, at any time in the present or future.
Where you take part in any social media competitions during or related to the event: you agree that images and content of you that will be taken can be published by the organisers and its partners, especially for online, print or TV. You must also be over 21 years old in order to participate and that there is no legal recourse for these competitions.
You hereby acknowledge that you take part in the Tour and all functions and events related thereto entirely at your risk.
You hereby agree for yourself, your executors, administrators, heirs, next-of-kin, successors and assigns to waive release and discharge and shall neither have nor institute any claims whatsoever against Tour de Boland Cycling Pty Ltd (the organisers) and its directors, trustees and shareholders, local provincial and national governmental authorities, participating clubs, event sponsors, partners and other involved organisations (the entities) and their employees, agents or contractors to the fullest extent permissible under the Unfair Contract Terms Act 1977 or any other applicable law.
You hereby indemnify and hold harmless the Entities and their employees, agents or contractors from all liability and claims made by other individuals or entities as a result of any of your actions during the Event.
This waiver and indemnity covers death, disability, personal injury, damage to and loss of property of a participant (including theft of or damage to a bicycle in areas under the control of the Entities and the Individuals) and is effective whether or not such death, injury, damage or loss may have been caused directly or indirectly or wholly or partly by any act or omission including negligence, of any of the Entities or their respective servants agents and contractors and will bind the heirs, executors and/or trustees of the estate of a participant.
If one or more of these terms are found to be unenforceable, such term shall be deemed to be severable from the remainder of the terms and the remaining terms shall in all other respects remain in full force and effect.