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TERMS OF ENTRY

Terms and Conditions to Entry &
Limitation of Liability and Indemnity

Garmin MTB Classic 2024 

1. DEFINITIONS
1.1 “Applicable Laws” means any laws, rules, regulations, orders, or other legal requirements that
apply to the activities under these terms, and that are issued by any government or authority at
any level, and that may change over time.
1.2 “Personal Information” has the meaning given to it under the Protection of Personal Information
Act 4 or 2013 as amended;
1.3 “The race” means the Garmin MTB Classic;
1.4 “us/our” means Garmin Southern Africa (Pty) Ltd;
1.5 “you/your” means the person who participates in the race;
2. WHAT ARE THESE TERMS ABOUT?
This document explains the rules and conditions for your involvement in the race as well as how
our responsibility is limited for certain situations where you may experience loss, damage, or injury
because of your involvement in the race. You need to read and understand what is written here, as
these terms will apply to you.
3. IMPORTANT FOR YOU TO NOTE
3.1 The race is physically challenging and carries with it risks that we cannot entirely eliminate. You
agree that:
(a) You understand that participating in this race comes with risks. This includes potential injuries
or damage to your property or even your health if you did not consult your GP/doctor before
taking part;
(b) You must act responsibly and sensibly at all times;
(c) You must not participate if you are pregnant or under the influence of alcohol or non-
prescription drugs, or have had Covid or flu in the 6 weeks leading up to the race and have not
been cleared by your GP (including for ) any past or present injury, illness, health problems or
any conditions or medication that may affect your participation in the race;
(d) You acknowledge that it is your responsibility to consult a healthcare provider/GP before
participating in this race. You warrant that the relevant medical checks have been completed
and that there are no medical restrictions to your participation in the race;
(e) We are not qualified to express an opinion that you are fit to safely participate. You must obtain
professional or specialist advice from your doctor before participating;

(f) In the absence of any negligence or other breach of duty by us, participation in the race is
entirely at your own risk; 
(g) You must follow any safety warnings or instructions displayed or given to you by a marshal. Ask
a marshal if you are unclear, and make sure you attend the briefing before the race;
(h) By registering for the race, you accept these terms and conditions, and you acknowledge and
consent that your Personal Information (name, surname, ID number or passport number and
email address) will be shared with us as well as authorised third parties for purposes relating to
this race and/or your prize should you win any;
(i) Your participation in the race is voluntarily and solely at your own risk;
(j) You expressly agree that we do not assume responsibility for your supervision (or that of any
minor) during the race;
(k) By participating in the race, you consent to us using all imagery, photographs and
recordings reflecting your participation in the race for marketing, training or promotional
purposes on our official online platforms, websites, or any other advertising, anywhere
in the world, without payment or any other consideration to you for as long as we please.

4. CHILDREN
4.1 We invite children aged 6-10 years to participate in the 10km kiddies' ride.
4.2 Children must at all times be accompanied by a parent or legal guardian and you remain fully
liable for their safety and supervision.
4.3 It is your responsibility to ensure that your child remains on the correct route as marked
out by race marshals, have the necessary sunscreen applied, safety equipment such as
helmets and knee pads are correctly worn and are hydrated for the duration of the race.
4.4 All parents or legal guardians are to attend the pre-race briefing to ensure safety rules are
followed.
5. PERMISSION FOR EMERGENCY CARE
If I need medical attention during the race, I agree to let the medical staff help me/the minor to who I
am guardian. I understand I will be fully responsible for any costs related to this care. 
6. WHEN DOES THIS LIMITATION OF LIABILITY AND INDEMNITY APPLY TO YOU?
This Limitation of Liability and Indemnity applies to all participants. It does not matter who or how you
entered for the race and applies to you even if someone else submitted your entry.
7. ARE THERE RISKS?
7.1 Yes, this is a race with many riders and includes a combination of professionals and novices
attracting large numbers of participants, taking place on a course running over a varied terrain.
You accept that we cannot manage all potential risks, even foreseen ones, otherwise it would not
be feasible to organise this race.
7.2 You understand that there are risks and hazards associated with a race like this and that the
possible effects of these risks can range from minor injuries to severe injuries to death, and in
relation to your property can range from minor damage to severe damage to complete destruction
or loss.
8. WHO IS COVERED BY THIS LIMITATION OF LIABILITY AND INDEMNITY?
The Garmin MTB Classic (including Garmin Southern Africa (Pty) Ltd, its holding company,
shareholders, employees, agents, contractors, directors, and affiliates) are covered by this Limitation of
Liability and Indemnity as well as the volunteers who help with the race.

9. WHO IS NOT COVERED BY THIS LIMITATION OF LIABILITY AND INDEMNITY?
9.1 Doctors, paramedics, and other medical personnel who attend to you at the race do so
independently from us and they are not our representatives or contractors.
9.2 It is your choice to make use of these services and you do so at your own risk.
10. CAN YOU CLAIM FROM US FOR ANY LOSS, DAMAGE, OR INJURIES YOU SUFFER?
10.1 As far as the law allows, we are not liable to you for any loss, damage, injuries or death you
may suffer from participating in this race unless the loss, damage, injuries or death resulted from
our negligence and the claim is covered by our public liability insurance cover. This limitation also
applies to activities associated with, or incidental to, the race or from using any facilities or
services which are provided at the race.
10.2 We do not under any circumstances accept liability for any indirect, special, consequential or
punitive damage. The race is organised on a best effort basis and all warranties as to the quality of
the race are disclaimed to the maximum extent permissible at law.
10.3 We will never be liable to you for more than your entrance fee, except where the law says
otherwise.
11. WHAT HAPPENS WITH YOUR PERSONAL INFORMATION?
11.1 You expressly agree that we may collect, use and share your Personal Information on the basis
and with the people as described below.
11.2 When you enter the race, we ask for information, this may include demographic information and
information about your health. Your health information includes information about your medical aid
and previous medical conditions.
11.3 We use the information collected (as above) to contact and communicate with you regarding the
race and to contact you should you win a prize.
11.4 We may use your ID and/or Passport information for seeding purposes. (The seeding system
means the grouping that the organiser has set in line with the CSA (Cycling South Africa)
standards, for cycling events in South Africa, and ensures that riders start the race with others of
similar ability and fitness. This helps reduce bottlenecks and the need to overtake slower riders on
the route, keeping things safer for all riders.)
11.5 You, or the person who has entered you, are only source where we get your information from. The
information will be used for the purpose of communicating with you about other events we are
involved in and to send you promotional material from the sponsors of the race you participate in.
11.6 You agree that we may share your personal information with the event organisers of the race you
entered and further necessary parties in order to manage the race. We will not give your
information to anyone else unless you have expressly consented thereto.
11.7 You agree that we may give your medical information to any emergency or health professional
attending to you on race day for purposes of giving you medical treatment and care.
11.8 You consent to any medical services provider which may treat you as a result of your participation
in the race providing us with the following medical information relating to the incident in which you
were injured and any treatment that you may receive:
 Full Name
 Race Number
 Place of incident
 Time of incident
 Nature of incident
 High-level description of injuries
 The hospital or medical facility to which you were dispatched ( if relevant)

 If you are currently admitted to hospital or have been discharged.
11.9 For these purposes medical service providers include (without limitation) paramedics (and their
employers), ambulance services, emergency services, and hospitals or other medical facilities.
11.10 We will use the above information solely to render assistance and support to you and your family,
and you consent to such use. To the extent required, this clause will act as a stipulation in favour
of a third party for the benefit of the medical service provider concerned.

Adendum : -

(a) – Because the Service is merely a marketplace for Sellers and Purchasers, the Company does not offer refunds for any purchases made. Sellers may set their own refund and cancellation policies for their Purchasers. Purchaser must contact Seller directly for refund and cancellation requests and information. UNDER NO CIRCUMSTANCE WILL COMPANY BE RESPONSIBLE FOR ANY PAYMENT, REFUND, OR CANCELLATION DISPUTE BETWEEN SELLER AND PURCHASER.

Standard Refund policy, the Shift Concepts standard refund policy may be applied by individual event organisers and is agreed to by registrants. 

For events requiring athlete registration, the following refund policy applies : –

– Outside 45 days of the event : 50% refund

– 45 – 14 of the event : 25% refund

– Within 14 days of the event : 0% refund

– Cancellations or refunds on membership fees will incur a 15% admin fee, less the full market value amount of the membership used to date of cancellation.

For ticketed events whereby the ticket is issued digitally, the following refund policy applies : –

– No refunds are provided for with a digital ticket as the merchant has no control over what the purchaser has done with the ticket. 

No refunds will be issued for Covid 19 related withdrawals, the risk of such is for the registrants to manage. Furthermore, the company can not be held liable for any cancellations or postponements due to Government regulations, insurrection, force Majeure or Act of God or State.

(b) – Purchasers and Sellers will not be refunded any service charges or credit card processing fees even in the event of refunded tickets, except as provided for in this Section 5(b).

– The Company will refund service charges for test orders.
– The Company may, in its sole discretion, offer refunds of the service fees for Events that are cancelled if such event payments were processed with a Payment Provider. 
– Sellers must contact the Company directly to request any refund under this Section 5(b). Purchasers must contact Sellers to arrange for refund requests.

(c) – COVID-19 acknowledgement – amended 21 March 2020

– The registrant acknowledges that by registering during a pandemic they therefore accept all the risks associated with such. These include amendments to lockdown measures or social distancing controls, force majeure, act of God, State or Insurrection. All of which could result in postponement or cancellation of the event. The event organisers further reserve the right cancel or postpone the event with no refund if it is considered in the best interest of all participants. 

Best interest is defined as the avoidance of risk that may result in the unnecessary  harm, injury or death of any registrants at an event.

(d) Event postponements

For postponed races the original deadline for a partial refund or transfer are not postponed along with the event and only apply to the initial race date.

For any refund related inquiries, please contact info@shiftconcepts.co.za

 

6. Registrant Indemnity and waiver

 

I understand that participating in an event listed with Shift Concepts is potentially hazardous, and that I should not enter and participate unless I am medically able and properly trained.

In consideration of the acceptance of this entry, I assume full and complete responsibility for any injury or accident or damage to property which may occur while I am traveling to or from the event, during the event, or while I am on the premises of the event.

I also am aware of and assume all risks associated with participating in this event, including but not limited to falls, contact with other participants, effect of weather, traffic, and conditions of the road. I, for myself and my heirs and executors, hereby waive, release and forever discharge the event organizers, sponsors, promoters, Shift Concepts and each of their agents, representatives, successors and assigns, and all other persons associated with the event, for all my liabilities, claims, actions, or damages that I may have against them arising out of or in any way connected with my participation in this event.

By accepting the Terms and Conditions of this event, I hereby acknowledge as the registrant that the Organizer reserves the right to cancel, postpone the event and therefore schedules within should it be considered in the best interest of the participants safety. In the event of cancellation the event refund policy will be respected by the organizers and their partners. Event cancellations will be considered by relevant safety bodies, EMS and governing bodies at the event.

Refunds or cancellations:-

Upon entering the race, athletes accept ownership of their entry and the risk thereof. Entry cancellations and refunds will only be provided for in the case of event cancellation. This does not however cover event cancellation due to insurrection, pandemic, endemic, insurrection, Act of God, state or force majeure. The organiser reserves the right to postpone the event to later date should it be considered in the best interest of the event entrants.  Cancellations and refunds can only be provided for if the entrants have opted for entry insurance and protection with their insurer, whereby the claim must be lodged with the registrants insurer and not the event office.

*In the rare event that the event is cancelled or postpone due to reasons beyond the control of the organising body “insurrection, pandemic, endemic, insurrection, Act of God, state or force majeure” no refunds will be provided. The purchasing of entries or tickets is at the risk to the purchaser.

I understand that this waiver includes any claims, whether caused by negligence, the action or inaction of any of the above parties, or otherwise. 

I hereby grant full permission to any and all of the above parties to use any photographs, videotapes, motion pictures, website images, recordings or any other record of this event for further promotions should it be deemed necessary.

BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU AND ALL REGISTERED PARTIES ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE AGREEING TO THIS AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

 

Intellectual Property


(a) – You acknowledge that any intellectual property used on the Service or by the Company is property of its respective owner and that no license, assignment, or sale of intellectual property has been offered to you. You agree not to use any of the intellectual property associated with the Site or Company, or derivatives thereof, including the name “entry Rush”, for any purpose other than those expressly permitted in this Agreement. The Company reserves all rights to its all intellectual property.

(b) – The Service may utilize certain third party software, scripts, and applications (“Third Party Applications”) to deliver functionality to users. Your use of the Service is subject to the respective terms of use and licenses of all Third Party Applications.

(c) – You grant the Company a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense any public material you post to the Site or share with the Company.

(d) Protection of your information. Shift Concepts and it’s partners commit to not share your personal information with any third parties. The information provided to us by you is solely for the purpose of your transaction and service from the client. 

(e) You agree to indemnify and hold the Owner, their subsidiaries and respective partners harmless from and against any claims, damages, liabilities, costs, and expenses arising out of or related to your use of the Images in violation of these Terms.