ROBBERG COASTAL CORRIDOR TRAIL – DISCLAIMER NOTICE AND INDEMNITY

IN FAVOUR OF: ROBBERG COASTAL CORRIDOR PROTECTED ENVIRONMENT (“RCCPE”)
Registration Number 218-690 NPO Acting under the auspices of ROBBERG COASTAL CORRIDOR TRAIL (“RCC”)

DEFINITIONS:

1. Any reference to “RCC” in this agreement includes RCCPE’s directors, board members, employees, trail guides, volunteers, sponsors, partners and independent contractors, representatives and any other individual(s) associated with and related to the organization and/or management of the Robberg Coastal Corridor Trail including the various property owners over which the RCC trail extends.

2. The VARIOUS PROPERTY OWNERS include, but are not limited to: The Bitou Municipality, Bitou Sewage Infrastructure, Robberg Nature Reserve, Garden Route District Municipality, CapeNature, SANParks, Public Works, Cairnbrogie, Mr. Borman, T’Niqua Stables, Mr. von Christierson, Plett Park and various other private Landowners.

3. Any reference to “RCC TRAIL” in this agreement shall mean the formally guided Robberg Coastal Corridor trail and/or associated activities leading up to, during and after the RCC Trail including, but not limited to hiking, trekking, running, walking, climbing, associated accommodation, travel and theconsumption of food items.

DISCLAIMER AND ASSUMPTION OF RISK:

4. I voluntarily agree that RCC are not responsible for any death, illness, injury, trauma, loss and/or damage of any kind sustained by me while participating in the RCC Trail and/or any related activities, caused in any manner
whatsoever.

5. I am physically fit and capable, and that I have the necessary trail experience to undertake a rugged trail of this nature and/or to participate in other activities offered by the RCC Trail.

6. It is not the responsibility of the RCC as the Organiser or facilitator to ensure that any person is in suitable physical condition or has the necessary skills and/or suitable equipment to undertake the RCC Trail and participation is solely at my
own risk.

7. The RCC Trail is typically of a rough, rugged and potentially dangerous landscape and that I will be guided over steep, uneven, slippery, and hazardous terrain using tracks, trails and/or pathways.

8. The RCC Trail may be infrequently used and may not be smooth and well defined. Furthermore, there may be obstructions and obstacles on or over the RCC Trails from time to time.

9. The physical exertion required of hiking and trekking and the forces exerted on the body can activate or aggravate pre-existing physical injuries, conditions, or symptoms.

10. I accept that part of the appeal of hiking lies in the attendant risks, dangers and challenges and I hereby accept such in the spirit of the adventure which is trail hiking.

POTENTIAL RISK OF HARM:

I hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with hiking and traveling to and from activity sites, in which I am about to engage. Inherent hazards and risks include but are not limited to:

1. Risk of injury from the hiking and trekking of natural terrain is significant including the potential for permanent disability and/or death;

2. Risk of injury from the use of manmade infrastructure (ropes, ladders, chains, footpath stabilization, overnight facilities) is significant including the potential for permanent disability and death;

3. Risk of accidental physical injuries as a result of falling, slipping, tripping such as muscular injuries, bruises, cuts, sprains, dislocations, burn wounds, broken bones, and back, neck, head, facial and dental injuries which may result in
severe impairment or even death;

4. Risk of illness resulting from food poisoning and/or parasites (for example, tick bite fever);

5. All “acts of nature” including but not limited to rock fall, inclement weather, thunder and lighting, severe and or varied wind, cold weather and heat related injuries and/or illness (such as frost bite, heat exhaustion, heat stroke, sunburn, hypothermia and dehydration) and other weather conditions;

6. My own negligence and/or the negligence of others, including employees, agents, independent contractors and/or representatives;

7. Attack by and/or physical confrontation or encounter with any living creature including another person(s), insects, animal (wildlife or domesticated). PLEASE NOTE: if participants(s) use an INHALER And/or require an EPINEPHRINE (EpiPen), they are responsible for bringing their medication for self-administration during the entire RCC Trail duration. RCC DOES NOT provide INHALER or EPINEPHRINE (EpiPen) medications;

8. Accidents or illness occurring in remote places where there are no available medical facilities and/or the risks associated with crossing, climbing or downclimbing of rock and/or steep slopes;

9. Risk and exposure to possible criminal activity including but not limited to theft and/or poaching; and/or

10. Participation in the RCC Trail may include possible exposure to and illness from COVID-19. While RCC safety protocols and personal discipline may reduce this risk, the risk of serious illness or even death does exist.
* I understand the description of these risks is not complete or exhaustive and that unknown or unanticipated risks may result in Injury, illness, or death.
* I expressly agree to be responsible for my own welfare and fully assume all of the above risks, as well as other risks set forth or not in this agreement, both unknown and known, voluntarily, to the fullest extent permitted by law.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of RCC Trail accepting me as a participant on this event, I hereby agree as follows:

1. TO WAIVE ANY AND ALL CLAIMS that I have now or may in the future have against RCC and/or the various property owners and/or its directors, officers, employees, agents, guides, instructors, independent contractors, subcontractors, representatives, various property owners and its successors and assigns (all of whom are referred to as the “RCC”);

2. TO RELEASE RCC from any and all liability for any loss, damage, trauma, expense and/or injury including death that I may suffer, or that my next of kin may suffer as a result of my participation in the RCC Trail, due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care, on the part of RCC, and further including the failure on the part of RCC and/or the various property owners to safeguard or protect me from the risks, dangers and/or hazards of adventure activities referred to above;

3. TO NOT BRING ANY CLAIMS, demands, legal action and/or causes of action against RCC and/or RCC insurance carriers, for any economic and/or noneconomic losses due to bodily injury, death, damage to property, fires, penalties or loss sustained by me, directly or indirectly, in relation to the RCC Trail or related activities held by RCC and/or the operations of RCC;

4. That the injuries incurred on the RCC Trail can be severe and may require hospitalisation and/or 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 and/or my assets;

5. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, and representatives, in the event of my death or incapacity; and

6. This Agreement and any right, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of South Africa and no other jurisdiction.

SEVERABILITY

I CONFIRM AND AGREE that if any portion of this agreement is determined by a court to be null and void, the remaining portions of this agreement shall nevertheless remain valid and binding upon the parties. I also agree that this agreement is intended to be as broad and inclusive as permitted under applicable law. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining provisions shall remain in full force and effect.

ACKNOWLEDGEMENT

I have read this waiver of liability, assumption of risk and indemnity agreement.
I fully understand its terms, and understand that I am giving up substantial rights, including my right to sue.
I acknowledge that I am signing the agreement freely and voluntary and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. I also acknowledge that I have had an opportunity to ask any and all questions that I may have, and that RCC Trail representatives, agents, guides or employees have answered my questions to satisfaction. My signature applies to all pages of this document.

TO BE COMPLETE BY THE PARENT AND/OR GUARDIAN OF A MINOR PARTICIPANT PART B
I of the minor participant, hereby confirm and agree that:

1. The minor participant is not under the age of 12 and I have consent fully to the minor child’s participation in the RCC Trail and associated activities;

2. I have discussed the risks of participating in the RCC Trail with the minor and he/she willingly wishes to participate nevertheless;

3. The above disclaimer, indemnity and waiver has full application in respect of the minor child without limitations;

4. I accept full responsibility of the minor child and release RCC and/or associated persons from all liability, medical and other expenses that may arise and further indemnify RCC against any future claim/s that the minor child may
have against RCC when the minor child attains the age of majority.
• If the person signing below is under the age of 18, the parent, guardian or representative of the minor must print their name and signature in the space provided below. DECLARATION OF FITNESS AGREEMENT PART C

By affixing my signature hereto, I hereby declare that:
1. I will not participate in the RCC Trail and related activities if I have any COVID19 symptoms;

2. I am physically fit, and I have no physical and/or mental condition(s) that should preclude me from participating in the RCC Trail;

3. I am not participating against medical advice or treatment and that I have not been diagnosed by a medical doctor as having a terminal illness; and

4. If I feel ill or unwell, have any physical complaints whatsoever or if an injury is sustained of any kind during the course of the hiking activities, I will notify the guide immediately.

MY UNDERTAKING PART D

By affixing my signature hereto, I hereby undertake AND AGREE:
1. NOT TO track, upload or share the RCC Trail route with the public via any digital or social media platform including, but not limited to Facebook, Instagram, WhatsApp, E-mail, Websites, Blogs, Strava or any other mobile activity App;

2. NOT TO harm or disturb any fauna, flora, marine life, archaeological features or trail infrastructures.

3. NOT TO make any fires, litter, bring along any pet or carry a firearm of any kind on the RCC Trail; and

4. That RCC has permission to use my name and any photograph, video or other digital media in any of its marketing material and/or publications, including web-based publications, without payment or compensation.

STATEMENT OF AWARENESS
I, the undersigned participant, (or parent, guardian representative)

Indemnity Form

Indemnity Form

Participant less than 18 years old?
I HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE WITH THE ABOVE STATEMENTS