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Participants hereby acknowledge that they take part in the Cycle Tour and all functions and events elated thereto entirely at their own risk and agree that they and their dependants waive and shall not have, nor shall they institute any claims whatsoever against, and do hereby indemnify and hold harmless from all liability, the Cape Town Cycle Tour Trust, its trustees, Pedal Power Association, Rotary Club of Claremont, participating Rotary Clubs, Entilini Concession (Pty) Ltd, Entilini Operations (Pty) Ltd and other involved organisations and all employees, agents or contractors of the above (all of which are hereinafter referred to as entities).
This waiver and indemnity: includes death, injury, damage to and loss of property of a participant (including theft of or damage to a bicycle at the "bicycle park" and other areas under the control of the above entities); and is effective whether or not such death, injury, damage or loss may have been caused directly or indirectly or wholly or partly by any act or omission including negligence, of any of the above entities; and will bind the heirs, executors and/or trustees of the estate of a participant.
Without derogating from the generality of the afore-going, the participant specifically records that he/she is aware that rock falls have occurred on areas of the Peninsula and that this indemnity and waiver will include any claim whatsoever arising in respect of any rock fall, road subsidence or similar event. Persons accepting this indemnity as the parent and/or guardian of a minor hereby agree to such minor being bound by the aforegoing waiver and indemnity, and do hereby further indemnify the said entities against claims by such minor to the extent if any, to which such minor is not capable of waiving his rights as stipulated above. Should liability be found to exist in respect of any one of the said entities for any reason, then that liability
- shall not exist in respect of the other of such entities, without specific grounds existing for liability on the part of the other of such entities; and
- such liability will be limited to the amount of R500.
Participants acknowledge that they are aware of the disclaimer of liability by the concessionaire for use of Chapman’s Peak Drive. The following disclaimer is displayed on notice boards at the start of Chapman’s Peak Drive and on the website, chapmanspeakdrive.co.za
CONDITION OF ENTRY TO CHAPMANS PEAK
Entry into Chapman’s Peak Drive is at your own risk. None of Entilini (Proprietary) Limited (the Concessionaire), Entilini Operations (Proprietary) Limited (the operator), the Provincial Administration of the Western Cape, the South African National Parks Board, their respective servants and employees will be liable for any death or injury to any person or loss or damage to any property whilst you are on Chapman’s Peak Drive, irrespective of the cause of such death, injury, loss or damage, including any act or omission of any of the above-mentioned, whether negligent or not. Any person using or entering Chapman’s Peak Drive indemnifies each of the above named against all and any claims which may be brought against them, or any of them, by any dependant of any such person. In addition the driver of any vehicle indemnifies each of the above named against all and any claims which may be brought against them, or any of them, by any passenger in such vehicle or any dependant of any such passenger.
By entering the Cape Argus Pick n Pay Cycle Tour, I accept the Waiver and Indemnity.
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