INDEMNITY
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter referred to as the
"Release Agreement")
BY ACCEPTING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION
FOLLOWING AN ACCIDENT, THEFT AND DAMAGE TO PROPERTY. PLEASE READ CAREFULLY!
TO: Cairnbrogie Farms (Pty) Ltd. hereinafter referred to as "Cairnbrogie and their directors, employees, agents,
independent contractors, subcontractors, representatives, successors and assigns, and all organizers, officials,
workers, volunteers, sponsors, promoters and advertisers (all of whom are hereinafter collectively referred to
as "the Releasees").
DEFINITIONS
In this Release Agreement, the term "mountain biking", “running” and “walking” shall include all activities, events,
services or use of facilities provided, arranged, organized or conducted by Cairnbrogie including but not limited
to: cycling/running/walking in any discipline; bike descents and jumps; use of Cairnbrogie’s facilities; structures;
bicycle skills training; use of trails and roads; races; competitions; demonstrations and events; orientation
and instructional courses and sessions.
ASSUMPTION OF RISKS
Injuries are a common and expected part of mountain biking running or walking. Mountain biking at Cairnbrogie and
running/walking trails has features that are both physically and technically challenging and will expose the
rider/runner/walker to many risks, dangers and hazards. These include but are not limited to, changing weather
and light conditions; mechanical failure of equipment; falls; loss of balance; high speed descents; difficulty
or inability to control one's speed and direction; rapid or uncontrolled acceleration on hills and inclines;
extreme variation in cycling terrain including steep or slippery sections, trees, roots, tree stumps, logs, rocks,
drops, loose gravel, holes, depressions, streams and creeks; constructed feature such as bridges, ramps, ladders,
bumps, berms, jumps, and drops; collisions with natural and constructed objects, other mountain bikers, vehicles,
pedestrians, spectators and officials; encounters with domestic and wild animals; bush fires; negligence of other
riders or users of the premises; and negligence on the part of the Releasees, including the failure on the part
of the Releasees to safeguard or protect me from the risks, dangers and hazards of mountain biking, trail running
and walking.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH MOUNTAIN BIKING, RUNNING & WALKING AND I FREELY ACCEPT
AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY
DAMAGE OR LOSS RESULTING THEREFROM AND RELAEASE CAIRNBROGIE, ITS OWNERS, AND SERVANTS FROM ANY DUTY OF CARE TOWARDS
ME IN CONNECTION THEREOF.
SAFETY
I have been advised to wear an approved helmet and other protective equipment. Use of a helmet is mandatory for riders
in the Cairnbrogie.
COMPETITIONS
I acknowledge that the risks, dangers and hazards of mountain biking, running & walking are increased during races,
competitions and contests, due to the competitive nature of the activity and the fact that there will be other
participants on the course. I freely accept and fully assume all such risks, dangers and hazards and the possibility
of personal injury, death, property damage or loss resulting therefrom.
WAIVER OF CLAIMS AND INDEMNITY
I am fully aware of the risks involved in my participation in mountain biking, trail running and walking at Cairnbrogie
and my use of services, equipment and facilities at Cairnbrogie, and I hereby agree as follows:
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To waive any and all claims that I, my heirs, executors, or representatives have or may in the future have against the Releasees
and to release the Releasees from any and all liability, cause of action, claims or demands that I may have
for any loss, damage, expense, disability, psychological harm, bodily injury, including death, that I may
suffer or that my next of kin may suffer, as a result of my participation in mountain biking, trail running,
and walking due to any cause whatsoever, including such loss, damage, or disability which can be attributed
to any act or omission on the part of the Releasees, including any consequential loss or damage, of whatsoever
nature and however arising, or loss or damage beyond their control resulting from a failure on the part of
the Releasees to safeguard or protect me from the risks, dangers and hazards of mountain biking, running
or walking referred to above;
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To hold harmless and indemnify the Releasees for all liability, claims, demands, losses, litigation expenses, and attorney
fees for all and any claims for any property damage, loss or personal injury to any third party resulting
from my participation in mountain biking, running or walking;
TERMS OF THE RELEASE AGREEMENT
- This Release Agreement and its terms thereof shall apply to all children under my care or guardianship;
- This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators,
assigns, and representatives, in the event of my ‘death or incapacity’;
- This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement
shall be governed by and interpreted solely in accordance with the laws of the Republic of South Africa and
no other jurisdiction; and
- Any litigation involving the parties to this Release Agreement shall be brought solely within the Republic of
South Africa and shall be within the exclusive jurisdiction of the Republic of South Africa.
In entering into this Release Agreement I am not relying on any oral or written representations or statements made
by the Releasees with respect to the safety of mountain biking, running or walking, other than what is set forth
in this Release Agreement.
CUSTOMER TERMS AND CONDITIONS OF USE
- Cycling helmets must be worn at all times whilst mountain biking.
- Your bike must be in fully functional order and safe to ride.
- No smoking is permitted on Cairnbrogie under any circumstances. Offenders will be permanently banned. Smoking
is only permitted inside the car park. If the car park area becomes littered with butts, smoking will be
banned entirely.
- Keep off closed areas and obey all signs, warnings and directional signage.
- Stay on the designated trails. Do not cut switchbacks, cross barrier tape, cross areas of bushland or grassland,
or in any other way leave the designated trails. No mountain biking on running/walking trails and no running/walking
on mountain biking trails. Offenders will be banned permanently. This is a "zero tolerance" rule. No excuses
are accepted (broken down, fiat tire, had a crash, lost, didn't understand etc) . Parents are responsible
for children.
- Follow directional arrows at all times. Offenders will be banned permanently. This is a "zero tolerance" rule.
No excuses are accepted (broken down, flat tire, had a crash, lost, didn't understand etc). Parents are responsible
for children.
- Fully enclosed footwear is required.
- Wearing of protective eyewear is strongly recommended.
- The removal or moving of any trees, obstacles or objects of any nature, in or around Cairnbrogie is strictly
forbidden.
- Do not stop where you obstruct a single track or are not visible to riders/runners. Continue to the perimeter
road where it is safe to stop.
- The rider/runner in front "owns the track". Be courteous and patient if you want to overtake.
- All single tracks are demarcated according to skill level. Riders/runners should always ensure they are sufficiently
competent to master the trail by completing the level preceding the one they are attempting. All obstacles
are potentially dangerous.
- Entry to and exit from all single track loops must be via the designated entry and exit gates.
- Entry to and exit from the riding/running/walking areas or Cairnbrogie may only be through the main gate off
the airport road.
- The perimeter fence is for your security. All visitors must avoid contact with the fence and ride/run/walk a
sufficient distance from the fence to ensure their safety. .
- No attempt should be made to move an injured person on the course. Notify the staff member on duty, who will
call emergency medical services.
- Beware of changing conditions on trails and features. It is your responsibility to inspect features before using
them.
- Stay in control of your bike at all times. It is your responsibility to avoid other persons and objects around
you.
- When exiting a single track loop or joining another single track loop, ensure you present no danger to other
visitors. Stay out of Cairnbrogie if your ability to ride/run/walk is impaired through the use of drugs or
alcohol. You must have sufficient physical skill, ability and knowledge to conduct yourself safely.
- When riding/running/walking in poor light conditions ensure you have sufficient lighting equipment to navigate
the course safely. Additional caution is required at all times when riding/running/walking at night or in
poor light conditions.
CAIRNBROGIE RESERVES THE RIGHT, IF IN THE REASONABLE OPINION OF ITS STAFF, YOU ARE UNDER THE INFLUENCE OF ALCOHOL
OR OTHER DRUGS, OR OTHERWISE BREACH ANY OF THESE TERMS AND CONDITIONS, TO PROCURE THAT ITS STAFF:
- STOPS YOU FROM RIDING/RUNNING/WALKING ON CAIRNBROGIE;
- REMOVES YOU FROM CAIRNBROGIE; AND/OR
- REFUSES YOU ACCESS TO AND USE OF CAIRNBROGIE IN FUTURE.
BE SAFETY CONSCIOUS - IT IS YOUR RESPONSIBILITY. PARK PRIVILEGES MAY BE REVOKED FOR BREACH OF THE TERMS AND CONDITIONS.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD ALL THE INFORMATION, TERMS, AND WAIVERS CONTAINED IN THIS RELEASE AGREEMENT
PRIOR TO ACCEPTING IT. I AM AWARE OF MY RIGHT TO TAKE LEGAL ADVICE IN REGARD TO THE CONTENT OF THIS AGREEMENT.
I WARRANT THAT BY ACCEPTING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY CHILD MAY
HAVE AGAINST THE RELEASEES. I FULLY UNDERSTAND THE CONSEQUENCES THEREOF AND FULLY AGREE AND BIND MYSELF TO THE
PROVISIONS OF THIS AGREEMENT.
By Accepting these terms and conditions, I acknowledge that I will be responsible for both myself and for any accompanying
minor child or children under my care. I also understand and agree that by accepting thereof, the assumption
of risk, waiver of claims, and indemnity contained in this agreement shall apply equally to any loss, damage,
injury, or disability that my child or children might suffer.
I further agree that if, despite this release, I, the minor, or anyone on the minorʼs behalf makes a claim against
any of the above Releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS the Releasees from any litigation expenses,
attorney fees, loss liability, damage, or cost any Releasee may incur as the result of any such claim.
