TERMS AND CONDITIONS
ASSUMPTION OF RISK AND RELEASE OF ALL CLAIMS
- Although Strongman Events will take reasonable care to ensure the proper performance of its obligations in terms hereof, Strongman Events, its employees, agents, Officials and Directors, Sponsors of the event, Municipality and Province (and where applicable their respective agents and employees), assigns and affiliated organizations cannot and does not accept any responsibility or any liability in any manner or form arising from any negligent act or omission or any cause whatsoever by Strongman Events, its employees, agents, Officials and Directors, Sponsors of the event, Municipality and Province (and where applicable their respective agents and employees), assigns and affiliated organizations and shall therefore not be liable to the Competitor or any dependents in respect of any damages to or loss of property of whatsoever nature (including consequential or special damages), and/or any (including fatal injury) suffered, or illness contracted by any person, or the dependents of such person which may be caused by any of the acts, and/or omissions of Strongman Events’ employees, agents, Officials and Directors, Sponsors of the event, Municipality and Province (and where applicable their respective agents and employees), assigns and affiliated organizations.
- I understand that Strongman Events continually strives to reduce such risks and insists that all participants follow safety rules and instructions that are designed to protect the participant’s safety and demanded that:
- By signing this agreement I warrant that I am an adult of sound mind/ (OR a parent and guardian of a minor participant *) and that I have read though this claims waiver and indemnity agreement and accept the terms and consequences of this agreement and confirm that I have read and understood such terms and confirm that I am bound by this terms; (* see sections D below if participant is a minor)
- I am physically capable to participate in the challenge and to make use of the obstacle course and that I am able to swim any of the distances required in the event;
- I am in good physical condition and that I am fit to participate in the challenge;
- I have no medical condition which precludes me from taking part in the challenge;
- I have disclosed all medical information relevant to my special needs and/or condition to participate in the challenge, to Strongman Events and the marshals, the race event officials and medical personnel appointed by Strongman Events at the event;
- I will assess my physical condition during the course of the race on an ongoing basis and cease to participate if I become overly fatigued or injured;
- I am an adult of sound mind and I am aware of my right to take legal advice in regard to the contents thereof and I declare that I have read through the agreement, and in particular the Indemnity contained herein and I know and understand the terms and the consequences of this agreement and fully agree to bind myself to these provisions;
- I understand that participating in the event involves the risks of physical injury and/or death that cannot be completely eliminated;
- I agree to observe and obey all posted rules and warnings, to follow any instructions or directions provided by Strongman Events, its employees, agents, Officials and Directors, Sponsors of the event, Municipality and Province (and where applicable their respective agents and employees), assigns and affiliated organizations;
- I understand, agree and accept that some of the obstacles may contain water that has not been tested for chemicals, disease or contamination;
- I understand that the Event course may contain wild animals, insects and plants;
- I agree not to dive into or enter the mud pit and or water pools;
- If I am pregnant, disabled in any way or have recently suffered an illness or injury; I should have or did consult a physician before participating in the Event;
- I agree not to consume alcohol prior to the Event or use any medicines or substances that will inhibit my mental or physical ability to safely and effectively participate in the Event;
- I consent to medical care and transportation in order to obtain treatment in the event of injury to me, volunteers or medical professionals may deem appropriate and understand that this Waiver & Release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
PHOTOGRAPHS AND PHOTOGRAPHIC REPRODUCTION
- I assign to Strongman Events, the promotors of the Event, Sponsors of the Event and Municipality the exclusive commercial use of all photographs and photographic reproductions, television broadcast and motion pictures taken of me during the Event. I also agree to conduct myself in a sportsmanlike manner prior to, during, and after the Event and while I am in the vicinity of the Event.
- I acknowledge that there are certain costs associated with arranging and managing the Event and I agree that in the event of cancellation by me for any reason whatsoever, my registration fee payments are final and non-refundable.
- In the event of vis major ( an act of god ) and of war, unrest, natural disaster, fire, storm, high winds, strike, lock-out, sabotage by third parties, official order etc., I will not be entitled to a refund and will not hold Strongman Events liable for any delay or non-performance of the agreement which results from this vis major .
EVENT PARTICIPANTS WHO ARE MINORS
- Participants who are minors must be enrolled by their parents and guardians who must sign this claims waiver and indemnity form on behalf of the minor. The parent or guardian as the case may be waives any and all claims by and on behalf of the minor against Strongman Events on the same terms and conditions as contained in this agreement.
JURISDICTION AND GENERAL
- Any dispute, claim or matter arising from and/or involving the provisions of this Agreement and indemnity shall be governed by the laws of the Republic of South Africa and the Western Cape Local Division of the High Court in Cape Town shall have jurisdiction to deal with any claim arising here from between any of the parties hereto to which jurisdiction I hereby submit.
- By signing this Indemnity I have not relied on any verbal or written representations, statements or promises made by or on behalf of any or all of the Indemnified Persons, and I furthermore agree that in the event of any provision of this Indemnity being found to be unenforceable or invalid for any reasons, then such provision shall be excised from this Indemnity, and the remaining provisions of this Indemnity shall nonetheless be of valid and enforceable.
- This is the complete and whole indemnity entered between the parties and no amendment, variation or cancellation hereof shall be valid and enforceable unless same has been reduced to writing and signed by or on behalf of Indemnified Persons.
REGISTRATION AGREEMENT AND LIABILITY WAIVER
- I fully understand and agree to the terms and conditions and waiver of rights set out in this document.
- Strongman Events shall not be liable for any direct, indirect, incidental, special or consequential damages, including lost profits, resulting from:
- the failure to register online
- any transactions made or services or goods purchased through online registration
- resulting from unauthorized access to our online payment engine
- the unauthorized access to the competitor database
- Use of online registration is at my own risk, on an as is and as available basis and Strongman Events makes no warranty that its site or services will be uninterrupted, secure or error free.
- I understand and agree that any material and/or data downloaded or otherwise obtained through the use of online registration, is at my own discretion and risk and that I will be solely responsible for any damage to my own computer system or loss of data that results from the download of such material and/or data.
- I agree to indemnify and hold the Strongman Events online registration service provider harmless from and against any and all damages, costs, claims or demands, including reasonable attorney’s fees, made by any third party due to or arising from or relating to my use of online registration or the violation of any term of this Agreement.