Club 100 Indemnity

I hereby waive and abandon my right to institute any claim against Club 100, its officials, or members in respect of any loss, damage, injury, or death which I may sustain whilst participating in any cycling event or ride, whether formal or informal and whether as an official or competitor which is organised by, run by, or held under the auspices of Club 100. I furthermore indemnify Club 100 against any loss which it may sustain as a result of any claim which may be made against it by any third party arising out of loss, damage, or injury caused by me whilst participating as a competitor in any cycling event or fun ride, whether formal or informal. The provisions of this waiver and the indemnity shall be likewise binding upon my heirs, executors or administrators and the case may be.

Indemnity for MTO Trails

By purchasing an MTO Trails permit or being on the trails, visitors acknowledge and give consent that this full indemnity applies once entering the MTO venue/trail.

MTO Trails visitors/permit holders acknowledge that they visit the premises/trails of MTO Trails entirely at their own risk, and are cognisant and accept the real dangers and risks that are associated with visiting/using these trails for purposes including mountain biking, walking, running and other features/facilities at MTO Trails in addition to risks arising from activities/ presence of wild and dangerous animals/ reptiles, birds, insects and the risk of suffering bodily harm, injury or death, theft and/or loss to property which may arise as a risk of the activities and/or presence. MTO Trails permit holders/visitors accept that there are no lifesaving or medical facilities provided by MTO Trails. MTO Trails permit holders/visitors furthermore confirm that they are capably fit, knowledgeable and experienced to use, take part, compete in the necessary activities and features at MTO Trails.

All MTO Trails permit holders/visitors waive all claim/s of whatsoever cause or nature whether being of a negligent nature or not, or loss howsoever arising against the land managers, MTO Forestry (Pty) Ltd, their associates, employees or any person or company connected whether directly or indirectly with the running of the venue/trails and fellow guests/invitees, whether arising from an act of commission or omission on the part of those hereby indemnified or any one of them. 

MTO Trails permit holders/visitors further acknowledge that they read and agree to adhere to the Rules and Regulations relating to being on MTO Trails property. 

Rules and regulations

IMBA developed the “Rules of the Trail” to promote responsible and courteous conduct on shared-use trails. Keep in mind that conventions for yielding and passing may vary in different locations, or with traffic conditions. These rules have been adapted for the purposes of trails which traverse land of MTO Forestry (Pty) Ltd.

1. No helmet, no ride!

2. Unless granted permission by MTO Trails, no permit means no ride. Obtain a day  permit or an annual permit as required. Both permits are available to purchase at the access gate, www.mto.group or via the myMTO mobile app. Keep permit with you at all times.

3. Ride Open Trails: Respect trail and road closures.  Ask access control guards for clarification if you are uncertain about the status of a trail. Do not trespass on private land or on forestry operations land.

4. Leave No Trace: Be sensitive to the dirt beneath you. Wet and muddy trails are more vulnerable to damage than dry ones. When the trail is soft, consider other riding options. This also means staying on existing trails and not creating new ones. Don’t cut switchbacks. Be sure to pack out at least as much as you pack in.

5. Control Your Bicycle: Inattention for even a moment could put you and others at risk. Understand and obey all signage and recommendations, and ride within your limits.

6. Yield Appropriately: Do your utmost to let your fellow trail users know you’re coming — a friendly greeting or bell ring are good methods. Try to anticipate other trail users as you ride around corners. Cyclists should yield to other non-motorised trail users, unless the trail is clearly signed for bike-only travel. Cyclists traveling downhill should yield to ones headed uphill, unless the trail is clearly signed for one-way or downhill-only traffic. In general, strive to make each pass a safe and courteous one.

7. Never Scare Animals: Animals are easily startled by an unannounced approach, a sudden movement or a loud noise. Give animals enough room and time to adjust to you. Disturbing wildlife and livestock is not acceptable.

8. Plan Ahead: Know your equipment, your ability and the area in which you are riding and prepare accordingly. Strive to be self-sufficient: keep your equipment in good repair and carry necessary supplies for changes in whether or other conditions. Always wear a helmet and appropriate safety gear.

9. Take note of emergency phone numbers.

10. Adhere to FDI (fire) warnings: During the months of September-April in the Cape and May – November in the Lowveld be aware of the danger of fire. If uncertain contact the fire protection services listed in the emergency contact numbers. If you see any signs of fire that look unusual (i.e. there is nobody on site managing the fire), contact the Lowveld and Escarpment Fire Protection Association on 0137527593 and exit the plantation/s as quickly as possible.

11. NO SMOKING:  Smoking whilst being on MTO Trails is strictly prohibited.

12. Avoid operational areas and activities: Riders are at no time to be within 1km from any situation that may appear to be operational i.e. harvesting activity or from operational vehicles; and not be within 1 km of any active operational area or areas indicated as operational.

13. MTB riders must have a valid annual number plate on their bike or proof of purchase of a valid permit.  Runners, hikers and obstacle runners must carry a valid permit.  

14. All children under the age of 16 must be accompanied by an adults on the trails.  

15. Do not use the trails alone. 

16. It is your responsibility to get relevant emergency numbers and other safety service details and use them. Every person using the trails must have a valid permit and have the mySOS app downloaded. 

Terms & Conditions:

· A system of annual permit and day permits will be applied.

· Should the trail be accessed or used illegally, the visitor will immediately be expelled from the property.

· No vehicles other than mountain bikes will be allowed.

· Vehicles of MTO Forestry (Pty) Ltd & emergency vehicles are also making use of the Jeep tracks. Be on the lookout for them at all times.

· On exceptional high fire index days, cyclist might be requested by the MTO Forestry employees to evacuate the trails.

· The permit holder indemnifies MTO Forestry (Pty) Ltd against any claims and/or legal proceedings instituted by himself/herself or a hired third party, which may arise from his/her entry into the plantations or utilising the trails.

Use of the trails is a privilege and an experience to be shared with many other forest users, hiker’s runners, horse riders etc. Please be considerate to them and honour their right to a peaceful and tranquil environment

Cairnbrogie 

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTIONS OF RISKS AND INDEMNITY AGREEMENT

It is understood that whenever the word “Cairnbrogie” is used in this agreement, this includes, Cairnbrogie Farms (Pty) Ltd and Cairnbrogie Estates (Pty) Ltd and their Directors, landowner(s), independent contractors, employees, agents, subcontractors, representatives, volunteers and any other individual(s) related to the ownership and/or management of the Cairnbrogie facilities. 

It is further understood that whenever the word “activities” is used in this agreement, this includes mountain biking, running, walking, hiking, trail running, bike descents and jumps, fishing, horse riding, picnicking and shall include but not limited to, all activities, events, services, competitions and/or use of facilities provided, arranged, organised or conducted by Cairnbrogie and all activities auxiliary thereto.

It is further understood that whenever the word “participant” is used in this agreement, this includes bike owner(s), horse owner(s), rider(s), runner(s), fishermen, spectators, employees, competitors, independent contractors and parent/guardian(s) of any biker(s), runner(s), horse owner(s), rider(s), spectators and any other person entering the premises of Cairnbrogie whether to participate in an activity on the property or to be a visitor. 

By signature above I agree to the following:

1. That I voluntarily agree to participate in the activities held on the premises of Cairnbrogie situated at F14 Airport Road, Kranshoek, Plettenberg Bay, Western Cape, South Africa;

2. That I understand and appreciate fully that injuries are a common and expected part of mountain biking, horse riding, running, walking, fishing and any other activity being conducted from the property of Cairnbrogie. These activities have features that are both physically and technically challenging and will expose the participants to many risks, dangers and hazards;

3. To waive any and all claims that I have now or may have in future against Cairnbrogie and to indemnify, release and hold Cairnbrogie harmless from any and all liability, EVEN THAT WHICH IS DUE TO THE NEGLIGENCE OF CAIRNBROGIE (excluding gross negligence), for any loss, damage, expense, accident or injury (including death) sustained by me, my employees, representative, heirs, dependants or guests, while participating in ANY ACTIVITY offered by Cairnbrogie, due to any cause whatsoever and howsoever arising; 

4. To not bring any claims, demands, legal action and/or causes of action against Cairnbrogie and/or Cairnbrogie’s insurance carriers, for any economic and/or non-economic losses due to bodily injury, death, damage to property, fires, penalties or loss sustained by me in relation to the activities held at Cairnbrogie and/or operations of Cairnbrogie;

5. That all equestrian related activities have the potential to be extremely dangerous and accidents involving horses and equine activities are frequent and the condition of the land is often hazardous and ring footing is seldom perfect;

6. That all biking related activities have the potential to be extremely dangerous and accidents relating to mechanical failure of equipment, loss of balance, high-speed descents, difficulty or inability to control one’s speed and direction on a bike, extreme variation in cycling terrain, collisions with natural and constructed objects (such as mountain bikers, vehicles, horse riders, spectators, pedestrians, encounters with domestic and wild animals, bush fires) may cause a participant to fall and/or injury himself/herself seriously;

7. That the injuries incurred by the activities offered by Cairnbrogie can be severe and may require hospitalisation and result in lasting residual effects in terms of which I undertake full responsibility for any and all such harm or injury that may occur to myself, my assets and/or any of my associates; 

8. That by signing this agreement, I together with my heirs, executors and administrators release Cairnbrogie from any and all liabilities and claims for all accident(s) and/or injuries other than those caused by the Cairnbrogie’s gross negligence; 

9. That I have examined Cairnbrogie’s facilities and trails, and I am satisfied that the conditions of the premises have been well maintained and made reasonably safe for participant use, to the extent that it is in the Cairnbrogie’s control to do so; 

10. That Cairnbrogie is not responsible for elements of nature that may vary the terrain or create horses to act unreasonable which elements include, but are not limited to thunder, lightening, wild or domesticated animals, stinging/biting insects, and other factors out of Cairnbrogie’s control; 

11. That by signing this agreement, I declare that I have adequate medical and liability insurance coverage and that I am fully aware that Cairnbrogie will assume no responsibility for participants, including horse(s), rider(s), runner(s) guests, spectators, employees, agents and or any other associated persons; 

12. That losses suffered by, caused by and/or associated with myself, resulting in any death, injury or harm to myself and/or damage to my property, Cairnbrogie’s property or other participant’s property shall be proportionately and adequately covered by the insurance of the undersigned; 

13. That I have been fully warned and advised by Cairnbrogie that I should at all times wear protective headgear and hereby acknowledge that I have the proper gear and equipment to carry out the activities on Cairnbrogie property in order to prevent severe head injuries, harm or death; and

14. That in signing this document, I confirm that I have read and fully understand the contents of the clauses contained in this agreement.