Trail Running and Hiking Indemnity
Participants under the age of 18 must ensure their guardian reads and accepts the indemnity on their behalf.
I, the participant, acknowledge and understand that:
- ‘Trail Running & Hiking’ is a pastime where participants traverse rough terrain using tracks, trails or pathways (the ‘Trails’) indicated for that purpose.
- The Trails may be infrequently used and may not be smooth or well defined. Furthermore, there may be obstructions of and obstacles on or over the Trails from time to time.
- Trail Running is intended to be competitive and, because of the rough terrain covered, the isolation of the Trails and rough nature of the Trails is highly risky to participants. Hiking is not competitive but may take place on the same trail at the same time.
- It is not the responsibility of KZN Trail Running as the Organiser or facilitator to ensure that any person is in a suitable physical condition or has the necessary skills and/or suitable equipment to undertake the Trail Run or Hike and participation is solely at own risk.
- I accept that part of the appeal of Trail Running & Hiking lies in the attendant risks, dangers and challenges and I hereby accept such in the spirit of the adventure which is Trail Running & Hiking.
- As a Participant I accept any and all such risk as may arise from my participation in Trail Running & Hiking and to this end I hereby indemnify the Organisers/Facilitators and Owners fully against any and all claims whatsoever arising through any danger or risk materialising including where such risk or danger materialises as a result of the Organisers’ or Owners’ negligence.
- Without limiting the generality of the indemnity given above I specifically record that I indemnify the Organisers and that ‘Organisers’ includes but is not limited to the KZN Trail Running, its members, trustees, agents, employees, servants, contractors or any other person providing a service to the organisers pursuant to the Trail Run & Hike and shall include sponsors and advertisers associated with the Trail Run or Hike.
- Without limiting the generality of the indemnity given above I specifically record that I indemnify the Owners and that ‘Owners’ includes but is not limited to the actual owners of properties over which the Trail Run & Hike takes place, their members, trustees, agents, employees, servants, contractors or any other person controlling or using such a property.
- Certain of the dangers and risks associated with Trail Running & Hiking and which are accepted by me in terms of the indemnification given include (but are not limited to) the following:
- Trail Running & Hiking requires physical exertion and physical fitness. I warrant that I consider myself to be in adequate physical condition to undertake the Trail Run & Hike.
- The Trail Run & Hike will cover largely inaccessible stretches and medical care and rescue are not guaranteed. In the circumstances, I accept sole liability for the risks associated with any failure or delay in rendering proper medical care or assistance.
- The risk of accident, injury or physical harm (including long term effects of participation).
- I acknowledge that the Organisers make no warranty as to the condition or suitability of the Trail and that I participate solely at my own risk.
- The Trail will cross an Owner(s) property(ies) and other persons not associated with the Trail Run & Hike may be using part of the Trail and there might be dangers posed by livestock, vehicles and other users of the Trail (whether fellow participants or not).
- Dangers posed by wildlife, allergens and toxic organisms in addition to the inherent risks of running over rough Trails.
- I undertake to be solely liable for the costs of medical care, rescue or any other assistance which I may require whether through my own negligence or that of the Organisers or Owners to their exclusion.
- I indemnify the Organisers and Owners fully against any loss or damage which I might suffer in respect of my property (motor vehicles, contents and personal belongings) arising through negligence or criminality at any time relating to my participation in the Trail Run & Hike.
- If I am an adult accompanying a minor or other person in my care then I shall, to the exclusion of the Organisers or Owners, be solely liable for pain and suffering, medical care, rescue or other assistance or damage incurred by such minor or other person through such minor or any other person’s participation. I hereby indemnify the Organiser and Owners fully against any claim whatsoever arising through such minor or other person’s participation.
- Neither I nor any person in my care was encouraged to participate in the Trail Run & Hike by virtue of any warranty, promise or undertaking given by the Organisers or any other person and the choice to do so is solely mine.
- The indemnities given and the acceptances of risk extend to the risk of fatality and its consequences.
- I as the guardian accepting on behalf of the participant that is under 18 years of age declare that I am legally able to accept on behalf of the participant. Furthermore, I accept and agree to the terms and conditions set out above in my own capacity as well as on behalf of the minor.