Waiver and Indemnity
What does the agreement mean?
This agreement limits our liability and that of our sponsors under certain circumstances for loss, damage or injury you may suffer as a result of your participation in the event.
Please read the terms and make sure that you understand them, as you will be bound to them.
Does this Limitation of Liability and Indemnity apply to all participants?
Yes, it does not matter who or how you entered for the event. It applies to you even if someone else entered you for the event. That person warrants that you have authorised them to do so and that that person can legally bind you as participant to this agreement.
Must children have their parents’ or guardians’ consent before they may participate?
Yes. If you are younger than 18, i.e. a minor, 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.
When your parents or legal guardians give permission for you to participate in the event, they agree not to bring any claims against us for losses or damages they may suffer as a result of injury or death you may have suffered due to your participation in the event. They also agree that they will only claim on your behalf for losses, damages and injuries you may suffer as a result of your participation in the event to the extent this agreement allows for it.
If you are entering on behalf of a minor, you confirm that you can legally bind the minor. You also agree to hold us harmless from any claims against us should you not have such legal authority.
What are the risks associated with the event?
There are plenty. Many people participate in the event. Not all of them are professionals; in fact many of them are inexperienced participants.
The event attracts a large number of participants, many spectators and takes place at high speeds over a varied terrain. As participant you could encounter urban areas, nature reserves, mountainous terrain and gravel roads. By entering into this agreement you accept that we cannot manage all potential risks, even foreseen ones.
You therefore 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 are covered by this Limitation of Liability and Indemnity?
Amarider, an Association not for Gain, and its members and employees 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.
Are doctors, paramedics and other medical personnel also covered by this Limitation of Liability and Indemnity?
No, doctors, paramedics and other medical personnel who attend to you at the event are not covered. They provide their services independently from us and they do not represent us and are not contracted by us. If you make use of these services, you do so at your own risk.
Can you claim from Amarider for any loss, damage or injuries you suffer?
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 fault 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.
We do not under any circumstances accept liability for any indirect, special, consequential or punitive damage.
All warranties as to the quality of the event are disclaimed to the maximum extent permissible at law.
This Limitation of Liability and Indemnity must comply 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 anybody else (like my dependents) who suffered damages claim against Amarider?
You agree that this limitation of liability and indemnity applies to you, your estate and your dependents.
The Executor, Parents, legal guardians or dependents of a participant may claim against us, but only insofar as the participant who suffered the damages in the first place had a claim against us and subject to the terms of this Limitation of Liability and Indemnity.
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.
Does Amarider 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.
What other rules apply to the event?
All rules for the event are available on our webpage. You may also request them from the event organiser. You agree to abide by the rules of the event and to obey all reasonable instructions.
You must also abide to the rules of all relevant sporting codes or bodies, the road, local government rules and any rules that apply to a facility or area used during the event.
What may we do with your personal information?
You expressly agree that we may collect, use and share your personal information on the basis and with the people as described below.
The information we obtain from you includes demographic information and medical information. Your medical information includes information about your medical aid and previous medical conditions.
We only use the information to communicate with you about the event that you entered and other events we are involved in.
You agree that we may give your medical information to any emergency or health professional attending to you on event day for purposes of any medical treatment and care you may need. We will not give your information to anyone else.