Specialized George

DISCLAIMER AND INDEMNITY FORM _________________________________________________________________________________________________________ THIS IS A NOTICE TO CONSUMERS TO LIMIT THE RISK OR LIABILITY OF THE SUPPLIER OR ANY OTHER PERSON IN TERMS OF SECTION 49 OF THE CONSUMER PROTECTION ACT NO. 68 OF 2008 _________________________________________________________________________________________________________________________ DISCLAIMER: Kindly note that it is a condition of entry to Coimbra Cycle House | Specialized George situated at 67 York Street, Dormehls Drift, George, 6529, (hereinafter “the Premises”), that all persons enter the Premises and utilise the amenities, facilities and services established or offered by us, including, but not limited to, using our tracks, cycle routes, renting our bicycles, participating in so-called demo days and/or partaking in our guided bicycle tours (any or all these acts are hereinafter collectively referred to as “an Activity”), entirely at their own risk. Neither us (including our directors, shareholders, management, employees and/or contractors) nor the registered owner of the Premises will be liable for injuries, losses or damages of any nature whatsoever, whether arising from or caused by negligence or any other cause whatsoever which may be sustained or suffered by any person who enters the Premises and/or engages in an Activity, or which is suffered by the dependants, spouse or employees of such person. Any person entering the Premises and/or engaging in an Activity, hereby acknowledges that: 1. There are inherent risks associated with engaging in an Activity of this nature. 2. When engaging in an Activity, you do so entirely at your own risk. You voluntarily accept all risks of harm, injury or damages of whatsoever nature arising from engaging in an Activity, including the inherent risks associated with an Activity of this nature. 3. When engaging in an Activity, you agree and accept that you waive all claims of whatsoever nature against Coimbra Cycle House | Specialized George (including its directors, shareholders, management and employees), the registered owner of the Premises and/or any other parties appointed or contracted by Coimbra Cycle House | Specialized George in connection with the presentation and management of an Activity; and you hereby indemnify and hold harmless all these parties from liability (hereinafter "the Indemnified Parties"). This waiver and indemnity includes holding the Indemnified Parties harmless against all claims which may be brought against them by any of your dependants. 4. This acceptance of risk, waiver and indemnity includes a waiver of, and indemnity against, all or any claims arising from the death, personal injury, damage to and loss of property of any person engaging in an Activity and his/her dependents, and will apply and be effective irrespective of whether such death, personal injury, damage or loss of property may have been caused directly or indirectly, wholly or partly, by an act or omission, including negligence by, or of, any of the Indemnified Parties. 5. This waiver and indemnity binds yourself in your personal capacity, as well as any persons accompanying you and for whom you are legally responsible. This waiver and indemnity also binds your heirs, executors and/or trustees of your estate. 6. Coimbra Cycle House | Specialized George & Specialized or third parties appointed by them may take photographs of riders, spectators and other persons present on the Premises at demo days, and consent that such photographs which may include your image may be used by Coimbra Cycle House | Specialized George & Specialized for marketing material, promotional activities and online platforms such as social media related to Coimbra Cycle House | Specialized George & Specialized. Coimbra Cycle House | Specialized George & Specialized shall have exclusive rights to such photographs. This consent shall remain effective until you explicitly revoke such consent in writing to Coimbra Cycle House | Specialized George & Specialized. 7. Responsibility for Damages: You are responsible for any damage to the bicycle during the rental period. This includes, but is not limited to, damage to the frame, wheels, tires, brakes, gears, and any other parts of the bicycle. 8. Definition of Damage: Damage includes any harm that affects the functionality, safety, or appearance of the bicycle. Examples include bent frames, broken chains, punctured tires, and damaged gears. 9. Assessment of Damage: Upon return of the bicycle, Coimbra Cycle House | Specialized George will assess the condition of the bicycle. If any damage is found, you will be required to cover the cost of repairs or replacement, as determined by Coimbra Cycle House | Specialized George. 10. Negligence and Liability: You acknowledge that you are liable for damages caused by negligence, misuse, or failure to follow safety guidelines provided by Coimbra Cycle House | Specialized George. 11. Responsibility for Theft: You are responsible for the bicycle's security during the rental period. In the event of theft, you will be required to cover the cost of the bicycle based on its current market value. 12. Payment for Damages: Payment for any damages must be made in full at the time of the bicycle's return. The cost will be based on the current market value of the damaged parts or the entire bicycle, if necessary. 13. You hereby agree and acknowledge that, prior to signing this form, you were given an opportunity to consider the terms and conditions hereof and that you have read, fully understood and accepted the waiver and indemnity as recorded herein. If you do not understand any of the terms of this waiver and indemnity, you should not sign this form until you have requested an explanation of such term(s).