WOW EBIKES ACTIVITY WAIVER AND INDEMNITY FORM

    1. PARTIES

    This indemnity agreement between WOW EBIKES PATERNOSTER (Pty)Ltd (WOW) and the cyclist as stipulated above is effective on/from date stipulated below.

    2. EVENT

    WOW will be hosting a guided e-bike ride/tour for above participant which will be held at Paternoster and surrounding area.

    3. INDEMNITY AND ASSUMPTION OF RISKS

    3.1 I acknowledge that e-biking is an inherently dangerous activity and fully realize these dangers. That includes dangers and hazards associated with riding a bike on or off road, including but not limited to:
    3.1.1. road surface hazards,
    3.1.2. equipment failure,
    3.1.3. the failure to wear safety equipment,
    3.1.4. moving or stationery vehicles, farm implements or equipment hazards,
    3.1.5. the use of inadequate safety equipment,
    3.1.6. weather conditions,
    3.1.7. impact or collision with moving or stationery motor vehicles, adverse road conditions (both on and off road) other riders and any other objects,
    3.1.8. the failure to operate a bicycle safely or within one’s own ability,
    3.1.9. negligence on my part or on the part of other parties including other cyclists,
    3.1.10. I am also aware that there are national road restrictions pertaining to cycling on National Roads,
    3.1.11. that riders may become lost or separated from their guide or group and agree that they have the ability to ride independently in such circumstances.
    3.2. I further acknowledge that I am physically fit and have not been advised otherwise, by a qualified medical person.
    3.3. I take full responsibility to:
    3.3.1. always wear a quality approved helmet whilst on electric bicycle
    3.3.2. abide to all traffic laws
    3.3.3. abide by the rules stipulated by WOW as well as any rules stipulated by the landowners on which property the above ebike activity takes place
    3.3.4. be personally responsible for any medical, legal or other costs because of any incident in which I am involved
    3.4. I confirm that it is my sole decision to participate in the activities associated with the e-cycling event. I agree to participate and that this is entirely at my own risk.

    4. RISK

    4.1. I accept and voluntarily assume the risk inherent in taking part in such an eBike adventure and I, together with my heirs, executors and administrators, legal representatives, assignees, successors in interest hereby release WOW, its owners, team, agents, employees, contractors, volunteers, sponsors, land owners, promotors and affiliates, from any duty or care towards me, in connection with my participation in this activity, and from liability from any claims that could accrue to me or my heirs, executors and administrators in arising out of my participation in the ebike activity. Further I confirm that I am giving up substantial legal rights.
    4.2. This is a contract with legal and binding consequences. I have read it carefully before signing and I understand what it means and what I am agreeing to by signing.

    5. ADDITIONAL INFORMATION

    5.1. I agree that this waiver and indemnity should be read and understood in conjunction with the guide briefing.

    If participant is under the age of 18 years, the parent / guardian must complete below:

    I have read and understand the above contract. I consent to the contract and agree that its terms shall likewise bind me, my child (the participant), my heirs, legal representatives and assignees. I hereby release and shall defend, indemnify and hold harmless the Releasees from every claim and liability that I or my child may allege against the Releasees (including all legal fees and costs) as a direct or indirect result of injury or death of my child while participating, whether caused by the negligence of the Releasees or others. I promise not to sue Releasees on my behalf or on behalf of my child regarding any claim arising from my child’s participation in this activity.