TERMS AND CONDITIONS
Assumption of Risk, Declaration, Waiver, Indemnity and Terms & Conditions of Entry
The RideTheCape is organised and managed by UrbanGoat (Pty) Ltd, and all participant accepts that all tours are of an adventurous nature and involve an element of personal risk. UrbanGoat (Pty) Ltd shall not be held liable in any way for any injury, loss of life or damage to property, howsoever caused and the participant hereby indemnifies UrbanGoat (Pty) Ltd, its staff, venue owners and any third party employed or contracted by UrbanGoat (Pty) Ltd harmless from any such claim. The participants accepts full responsibility for all risks involved.
1. Assumption of Risk
1.1. 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.
1.2. 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 that:
2.1. 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.
2.2. The answers and information I have given in the registration form are all true and correct and that RideTheCape organised and managed by UrbanGoat (Pty) Ltd has relied on the answers and information in permitting me to participate in the event.
2.3. I understand that this document is binding on me and creates an enforceable legal relationship between me and RideTheCape organised and managed by UrbanGoat (Pty) Ltd.
3. Consent to treatment
3.1. I agree that if I suffer injury RideTheCape organised and managed by UrbanGoat (Pty) Ltd may at my expense arrange for me to receive medical treatment and emergency evacuation services as RideTheCape organised and managed by UrbanGoat (Pty) Ltd 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.
3.2. I agree that I am responsible for my own medical and ambulance insurance as well as insurance for my personal belongings.
3.3. 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 RideTheCape organised and managed by UrbanGoat (Pty) Ltd 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 RideTheCape organised and managed by UrbanGoat (Pty) Ltd in connection with the event or my participation in it.
5. Indemnity
5.1. I hereby unconditionally indemnify and hold harmless, and shall keep indemnified and held harmless RideTheCape organised and managed by UrbanGoat (Pty) Ltd, 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 RideTheCape organised and managed by UrbanGoat (Pty) Ltd as a result of or in connection with any act, omission, default, failure or error on the part of RideTheCape organised and managed by UrbanGoat (Pty) Ltd, including any negligent act, omission, default, failure or error occurring wholly or partly during the event.
5.2. I hereby unconditionally indemnify and hold harmless, and shall keep indemnified and held harmless
RideTheCape organised and managed by UrbanGoat (Pty) Ltd, 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.
5.3. I agree that RideTheCape organised and managed by UrbanGoat (Pty) Ltd 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 RideTheCape organised and managed by UrbanGoat (Pty) Ltd
5.4. I agree that RideTheCape organised and managed by UrbanGoat (Pty) Ltd 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 RideTheCape organised and managed by UrbanGoat (Pty) Ltd 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
6.1. I am duly aware of the risks and hazards inherent upon entering the event locations and participating in the event at these locations.
6.2. 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.
6.3. I have read and I agree to the Terms & Conditions of entry to this event.
6.4. 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.
6.5. Photographic and video material taken by RideTheCape organised and managed by UrbanGoat (Pty) Ltd at the event may be used for publicity in future.
6.6. Clothing: RideTheCape organised and managed by UrbanGoat (Pty) Ltd takes no responsibility for incorrect fit of cycling shirts. No refunds or exchanges.
6.7. All deposits must be paid in full no later than the balance due date stipulated below. All deposits are non refundable.
7. Cancellations & Refunds
All substitutions made are charged at R50 per rider.
Entries are transferable until 1 March 2021.
Refunds up to 30 December 2020 will be refunded at 75% of entry fee.
Refunds from 1 January 2021 will be refunded at 50% of entry fee.
No refunds after 1February 2021.
Entries are not transferrable to a new date.
NO EXCEPTIONS (INCLUDING MEDICAL).
Covid-19 Notice:
Please understand that we are a family-run events company, with the same concerns as the rest of South Africa but we’re in this together and together we will make the most out of the circumstances and learn to work around these challenges.
Should the event not be able to proceed due to Covid-19 regulations an alternative date will be set.
Should the event not be able to proceed on the second date due to Covid-19 Regulations we might consider another postponement or an event cancellation.
Organising such an event has many challenges and can’t be left to the last minute. Every aspect of the event is meticulously planned and synchronised with suppliers, partners, medical staff , entertainers, photographers, catering staff and assistants who need time to adapt to date not even taking in account the financial aspect, whereas most of these parties have been paid in advance to ensure their services. Without these key people and planning we cannot host a safe and enjoyable event.
Unfortunately no refunds will be provided. Participants will however have the opportunity to do a substitution. We will also do our best to find a replacement should new entries be added to the event or waiting list entries become available.