TERMS AND CONDITIONS

ENTRIES FOR FRESHPAK FITNESS FESTIVAL 2016

DISCLAIMER

The following are the Terms and Conditions of entry of Tri & Du Sport for the 2016 Freshpak Fitness Festival.

These terms are not negotiable, by accepting an entry to the event and paying the entry fees you are hereby acknowledging your acceptance of our terms and conditions (for competitors under 18, a parent or guardian must accept).

I agree to participate in this event on the following basis:

  • I acknowledge that competitive sporting events involve the risk of serious injury or even death from various causes including overexertion, equipment failure, dehydration, accidents with other competitors, spectators or road users, and course or weather conditions and other causes.
  • I understand that I should not participate in this event unless I have trained appropriately and will be in a fit state to complete the event safely.
  • I acknowledge that if I am aware of an existing medical condition and uncertain of my state of fitness then a medical practitioner should verify my physical condition.
  • By participating, I accept all risks necessarily flowing from my participation that could result in injury, loss of life or permanent injury.
  • Accordingly, I release all persons or corporations associated directly or indirectly with the conduct of the event from all claims demands and proceedings arising out of my participation and I hereby indemnify them against, all liability for all injury, loss or damage arising out of or connected with my participation in this event.  This release shall extend to and include tri & du sport, more maximum media, western province triathlon association, event sponsors, event marshals and their respective directors, partners, managers, officers, agents, contractors, employees and volunteers including event medical and paramedical personnel.
  • I consent to receiving any medical treatment including ambulance transportation that event organisers think desirable during or after the event.
  • I have provided or attached to my entry form details of any medical or physical conditions from which I suffer that might affect my performance or be relevant if medical treatment is needed.  I accept the risk of participating despite these conditions.  I have supplied an emergency contact name and number, this person is contactable both during and after the event and is not another participant.
  • I understand that compulsory insurance cover affected for participants in this event may not cover me for all injury, loss or damage sustained by me.
  • Safety precautions undertaken by organisers (such as course supervision, race safety briefings, and bicycle and helmet safety checks) are a service to me and other participants but are not a guarantee of safety.
  • My event registration is not transferable to other people or other events.  Any attempt to transfer my entry or allow another person to participate under my name without the event organiser’s knowledge may result in total cancellation without refund, insurance being deemed void and inability to enter further tri & du sport events.
  • A cancellation fee of 25 per cent will be applied to all cancellations to cover the costs of administration and commissions built into the entry fee. Athletes who cancel and receive a refund will not be entitled to collect goodie bags. Athletes, who wish to cancel after 28 September 2016, will not be entitled to a refund.
  • Event organisers may change the event format, course or other race conditions at their discretion. If that occurs, this agreement applies to the changed conditions.
  • I agree that if the event is cancelled or postponed due to storm, rain, inclement weather, winds or other ‘act of god’ conditions or safety concerns, or if I do not participate in the event for any other reason, my entry fee shall be non-refundable.
  • I agree to abide by all race results and directions issued by the event organiser and/or the relevant sport’s governing body.
  • I acknowledge and consent to photographs and electronic images being taken of me before, during or after the event by an official representative of the event organiser.
  • I acknowledge and agree that such photographs and electronic images are owned by the event organiser and that the event organiser and event sponsors may use the images, my name and my performance for promotional broadcasting, reporting purposes and/or other purposes at any time by any form of media without my further consent being necessary.
  • I acknowledge that there will be no registration for the Sunday events on the Sunday and that I will need to organise to attend one of the other registrations to collect my goodie bucket and race items. I further acknowledge if I am unable to collect my race pack before the race day that I will not be permitted to race.
  • I certify that I am 18 years of age or older, or I am the parent/legal guardian of a child under the age of 18 and I have read this document and understand and accept the terms and conditions it contains.

 

Tri & Du Sport Waiver:

Risk Warning

Participation in the event, any event related programs, activities, or events (collectively the “event”), involves risk of physical harm or personal injury including permanent disability and/or death.
Potential risks include, but are not limited to:

  • Physical exhaustion, muscle cramps, heart failure, drowning and falls;
  • Dangers associated with collisions with athletes, vehicles, pedestrians, spectators, volunteers or fixed objects;
  • Dangers arising from surface hazards and equipment failure; and
  • Risks posed or created by other participants, spectators and/or volunteers.
  • Injuries resulting not only from your actions but from the action, omission or negligence of others.

I acknowledge and agree that my participation as an athlete in respect of the event is subject to my compliance with the rules, conditions, together with my declarations, warranties and releases, set out in this agreement entitled the athlete registration, waiver and release form (“form”). I further acknowledge these statements are being accepted and relied upon by the released parties, as defined below.

Conditions of Participation

I acknowledge that participation in the event as an athlete is subject to the following conditions.  I agree to abide by these conditions and, where necessary, I make the following confirmations:

  • Tri & Du sport reserves the right, in its reasonable discretion, to deny or disqualify any person from participating in the event (either before or during the event).  In these circumstances, they will refund the person’s entry fees except where the person has:
  • Misrepresented their eligibility to participate in the event at the time of entry; or
  • Breached any of the conditions of entry set out in this form.
  • I will not consume any drugs or alcohol that will impair my judgment and/or ability to participate in this event.
  • I will abide by all applicable traffic laws and/or directions while participating in the event. I will respect the rights, dignity, and worth of every individual at the event, including other athletes, volunteers, and spectators.
  • I will act professionally and take responsibility for my actions, including demonstrating high standards in respect to my language and actions.

Acknowledgements

I acknowledge and assume all the risks of, and incidental to, participating in the event, including those set out in the warning titled “risk warning” set out above.

In addition, I accept and acknowledge the following:

  • It is my responsibility to determine whether I am sufficiently fit and healthy enough to safely participate in the event, and I attest and certify that I am or will be sufficiently fit and physically trained to participate in the event, which I elect to enter.
  • I have no knowledge or reason to know of any personal physical or mental limitations, conditions or other restrictions that would make participation in the event inadvisable, and I have not been advised against participation in the event by any healthcare provider.
  • I am solely responsible for the condition and adequacy of my competition equipment and my conduct in connection with the event.
  • I am solely responsible for the security of my personal possessions during the event.
  • There may be vehicle or pedestrian traffic on the course route, and I assume the risk of running, biking, swimming and/or other portions of this event and participating under these circumstances.
  • Tri & Du Sport, in its sole discretion, may delay, modify, or cancel the event if it believes the conditions on the race day are unsafe.  If on the day of the event, the event is delayed, modified, or cancelled for any reason, including but not limited to acts of god or the elements (including without limitation, wind, rough water, rain, hail, hurricane, tornado, earthquake), acts of terrorism, fire, threatened or actual strike, labour difficulty, work stoppage, insurrection, war, public disaster, flood, unavoidable casualty, race course conditions, or any other cause beyond the control of the organiser, there shall be no refund of any participant entry fees or any other costs incurred by participants in connection with the event.
  • I have carefully read (or had someone else read to me) and understood this document. I am also aware that by signing this form, I may affect the legal rights and liabilities of myself, my heirs, next of kin, executors, administrators and successors.

Waiver and Release

For the purposes of this form, the “released parties” are Tri & Du Sport (a division of more Maximum Media), more Maximum Media, Western Province Triathlon, Triathlon South Africa, Clanwilliam Municipality, all event sponsors, event organizers, event promoters, event producers, event staff, event officials, any sanctioning body, administrators, contractors, vendors, advertisers, race directors, volunteers, athletes, all other persons or entities involved with the event, and all states, cities, towns, and other governmental bodies and/or municipal agencies and locations in which an event or portions of an event takes place, and each of their respective parent, subsidiary and affiliated companies, licensees, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, and other participants and representatives.

Tri & Du Sport holds the promises, releases, waivers and authorisations given by you in this form for its own benefit, and as agent for the remainder of the released entities.

To the extent permitted by law, I agree to:

  • Waive and release the released parties; and
  • Indemnify and keep indemnified and hold harmless the released parties, from:
  • All claims, actions, costs (including legal fees), expenses; and other liabilities however arising in relation with my participation in the event (including travel to and from the event); and
  • All injury or damage however caused of whatsoever nature (whether fatal or otherwise) arising in relation with my participation in the event (including travel to and from the event) directly or indirectly from any act (whether negligent or otherwise) or omission (whether negligent or otherwise).

Authorisations

  • I hereby authorise medical treatment for myself if deemed advisable in the event of injury, accident or illness by a medical director or any of its agents, employees, volunteers, affiliates and designees, a physician and/or hospital, and I agree to be responsible and assume liability for any and all costs incurred as a result of my participation in the event.
  • If a dispute arises in connection with this form, or my participation in the event, which cannot be settled by negotiation with the event organiser or its representatives, I authorise and agree to such dispute being submitted to binding arbitration in accordance with the rules for conduct of commercial arbitrations for the time being of the institute of south African arbitrators.  I agree that during such arbitration, both parties may be legally represented, and that if any provision of this waiver and release shall be deemed unenforceable for any reason, then that provision shall be deemed severable from this waiver and release form and shall not affect the validity and enforceability of any remaining provisions.

I represent of warrant that I am at least eighteen (18) years old and I have full legal authority to complete this form on behalf of myself.  If I am registering an individual under the age of 18 or an incapacitated adult, I represent and warrant that I am the parent or legal guardian of that party and have the full legal authority to submit this waiver and release form on their behalf and by preceding with this event registration, I affirm I have read carefully and understand this waiver and release form, and that I voluntarily accept it.

MyActive, a division of Entelect Software (Pty) Ltd, is the provider of this online entry and booking agent solution to Freshpak Fitness Festival 2016, organised by Tri & Du Sport. This solution includes personal data capturing, reporting, booking agent processing and reporting of credit card and EFT payments. Your information is secure with MyActive and under no circumstances will it be sold or distributed to third parties. We do not store your credit card details and only have visibility of the first 4 and last 4 digits of your credit card should you wish to query your account.

MyActive accepts no liability with respect to the event delivery and service. All event related queries must be taken up with Tri & Du Sport, organisers of Freshpak Fitness Festival 2016.

The Freshpak Fitness Festival is organised by Tri & Du Sport in conjunction with Rooibos Limited.

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