INDEMNITY
RELEASE, WAIVER AND INDEMNIFICATION
The undersigned acknowledges that the event includes inter alia the use of speeding mountain bicycles and associated activities with an inherent danger involved. Neither TransCape MTB (collectively hereinafter referred to as “TransCape”) nor the members and/or directors of the event shall be responsible or may be held liable for any loss, damage, death or injury of whatsoever cause, including consequential losses, suffered or caused to any person or property anywhere on or about the event or whilst participating in the event, whether such loss, damage, death or injury is occasioned by any act or omission of the event or the members and/or directors of TransCape, or anyone else for whose actions they or any of them would be liable in law, or by reason of force majeure, casus fortuitous, rain or other water, riots, strikes, theft or burglary with or without forcible entry, or by reason of any condition associated with the event, or any defective facilities rented by TransCape, or caused by any activity carried out by TransCape, or by other cause of whatsoever nature and however arising.
The undersigned shall, at all times, hold TransCape and its members and/or directors and all persons for which the event is responsible indemnified against and harmless from and shall in no manner whatsoever seek to hold any of them liable for any injury, death, loss or damage suffered as a result of personal injury or patrimonial loss arising directly or indirectly from the participation of any person in the activities at the event or related activity or any other TransCape activity of the event or any member and/or director of TransCape or any person for which the event is responsible whether or not such injury, loss, death or damage can be attributed directly or indirectly to wilfulness or negligence of whatsoever nature or degree on the part of TransCape or any member and/or director of TransCape or any person for which the event is responsible and/or any of TransCape’s officials, employees and/or agents.
This indemnification shall include attorney’s fees incurred in defending against any claim or judgment agreed that the undersigned shall have the opportunity to consent to any such settlement, provided, however, that such consent shall not be reasonably withheld.
The undersigned agrees to have read the safety rules, abide by the safety rules of the event and/or TransCape and agrees not to undertake any action not instructed by the event and/or TransCape. The undersigned also acknowledges that he/she is physically prepared to participate in the event and that he/she has no disability, ailment or impairment that will prevent him or her from physically partaking in the event. In addition the undersigned acknowledges that during the event he/she may be exposed to extreme weather conditions and even dangerous wildlife and hereby indemnifies TransCape MTB and the members and/or directors of the event harmless against any injury, loss, death or damage caused through the weather conditions or wildlife. The undersigned furthermore agrees that he/she is satisfied with the safety and medical facilities provided and furthermore acknowledges that should he/she be injured and transported by the ambulance, these costs are for his/her account and that the event and/or TransCape is not liable at any time for any medical costs incurred. This indemnification will also be extended to the undersigned’s spouse, heirs, successors, representatives, agents and assignees and will be mutatis mutandis be applicable to them.
The undersigned acknowledges that he or she has read and understands the Rules & Regulations as stipulated.
