In seeking to utilise the mountain bike/s or bicycles supplied by B&S and/or participate in any excursion, event, game, sport or other mountain biking activity operated or provided by B&S (hereinafter referred to as “the Activity”), the Participant acknowledges, warrants and agrees that:
1. the Activity is undertaken by B&S, being an independent contractor, separate from the Hotel;
2. by signing this indemnity, he or she (“he”) is duly authorised to sign for and bind all minors represented by him or for whom he is responsible (“his party”) to the terms of this indemnity and failing such authority in respect of any member of his party, agrees, that in addition to any other remedies B&S may have against him, for breach of this warranty, to be personally liable for all claims arising from the participation in the Activity of any member of his party and hereby indemnifies B&S, the Hotel and their employees against any claim made by any member of his party;
3. on his behalf and on behalf of all of the members of his party, that it is a condition of his/their participation in the Activity, that neither B&S nor the Hotel shall be responsible or liable for any harm or injury to or illness or death of any person, or for the loss or destruction of or damage to any property or any damages of any other kind whatsoever, including, but not limited to, pure economic or consequential loss, whether arising from faulty equipment, fire, theft, the acts of other participants in the Activity or any other cause of whatsoever nature or kind and by whomsoever caused, whether arising from the wilful, negligent (gross or otherwise) or wrongful act of any person in the employ of B&S, the Hotel or otherwise;
4. Neither B&S nor the Hotel accepts any responsibility or liability for the safe custody or loss of or damage or destruction to any property which the Participant or any member of his party has in his possession or under his control during the Activity, whether as a result of wilful, grossly negligent or negligent or other wrongful act of any person, whether in the employ of B&S, the Hotel, a participant in the Activity or otherwise or from any other cause whatsoever and howsoever arising;
5. he and all persons in his party:
5.1 voluntarily agree to participate in the Activity;
5.2 participate solely at their own risk;
5.3 are in good health and there is nothing which would preclude him/them from participating in the Activity;
5.4 fully understand and appreciate that there may well be risks and dangers involved in the participation of the Activity;
5.5 hereby, together with his/their heirs, executors and administrators, indemnify and release B&S and the Hotel against any claim, action, judgement, costs or expenses which may be made or instituted against B&S and/or the Hotel in respect of any loss or destruction of or damage to property or possessions, or the harm, death or illness or personal injuries, sustained, arising from or connected to the participation in the Activity and making use of any facilities or services or receiving treatment of whatsoever nature and hereby waive any right that he or his party may have to claim compensation from B&S and/or the Hotel;
5.6 agree to be abide by B&S’s rules and regulations as laid down from time to time;
5.7 shall be personally responsible for loss or damage to the mountain bike/s and any equipment supplied by B&S to him and any member of his party and agree to provide a valid ID document and credit card authorization for this purpose prior to participating in the Activity
6. he has no objection to any minor in his party participating in the Activity;
7. all the information contained in any brochure, website or catalogue (or which accompanies or forms part of any offer made by B&S or the Hotel), is subject to alteration at any time without prior notice and B&S and the Hotel will not be bound to comply exactly therewith. Neither B&S nor the Hotel shall be liable for any inaccuracies in any brochure, website or other information supplied by them nor shall they be liable for any accidents or happenings arising out of such faulty information;
8. advices, recommendations or opinions by representatives of B&S and/or the Hotel on behalf of B&S are given and expressed in good faith and shall not constitute representations of any description, and shall not give rise to any claim against B&S, the Hotel or such representatives;
9. an expression which denotes any gender includes the other genders, a natural person includes an artificial or juristic person, including The State and vice versa and the singular includes the plural and vice versa. “T/the Hotel” includes Southern Sun Hotel Interests (Pty) Limited, and any Hotel where B&S has its products and where the Participant rents, hires or participates, including the aforementioned but also Winchester Mansions, Cape Grace Hotel, Victoria Falls Hotel, The Mantis Group Hotels and others, therefore no limited to the Hotels mentioned her, their associated companies, management company, directors, employees, managers, agents, representatives and contractors. No variation, alteration or cancellation of this indemnity shall be binding unless in writing and signed by B&S.
RELEASE OF LIABILITY
PLEASE ENSURE THAT YOU HAVE READ THE ABOVE CAREFULLY.
BY SIGNING THE BIKE & SADDLE RECEIPT/ORDER FORM, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD THE RISKS SET OUT ABOVE AND THAT B&S WILL NOT BE RESPONSIBLE FOR ANY HARM OR LOSS SUSTAINED, THAT THIS RELEASE IS LEGALLY BINDING AND YOU ARE WAIVING YOUR LEGAL RIGHTS BY SIGNING.