PLEASE READ:

Indemnity & Waiver

X-Berg Challenge organisers (Between Heaven and Earth Pty (Ltd) (‘The Event Organisers’)

PLEASE NOTE:
1. If you have any questions, misapprehensions, doubts or would like to discuss any factor pertaining to or element of this document, please phone or email us before you proceed.
2. If you have any doubts about your physical and/or mental condition (see 3 below) please consult your medical practitioner.
3. We strongly advise that you obtain adequate travel insurance. Any medical, search and rescue fees will be passed on to the participant.

I, the undersigned, hereby acknowledge that I have read & understand this indemnity & agree to be bound by the following:

I warrant that I have perused the literature presented by the Event Organisers’, visited the Event Organiser’s website(s), am aware of and accept that will be exposed to a variety of risks and dangers at the event and to risks and dangers inherent in or associated directly or indirectly with the optional activities offered by the Event Organisers, the fact, nature and potential effect of which has been explained to me in detail and that I have had adequate opportunity in the circumstances to receive and comprehend the risk and the implications thereof including obtaining independent advice.

I realise that certain of the activities require of me to be in a good physical and mental condition and I warrant that I am in such a condition, having checked with my medical practitioner. I warrant that I have no disability, impairment or illness that could impact on my participation in any activity.

 

I agree to obey at all times, whether in the Event area or participating in any activity, any warning notices and instructions of the Event Organiser’s management and/or the person in charge of the activity.

I also acknowledge that the Event Organiser’s management and/or the person in charge of the Activity may, in his/her sole discretion, decide to cancel, terminate or curtail any activity at any stage for whatever reason the Event Organisers and/or the person in charge of the activity in his/her sole discretion deems fit if circumstances arise and/or prevail that justify such cancellation, termination or curtailment & I agree to comply. The Event Organisers management will in such circumstances arrange a credit for your future use or if that is not possible, reimburse you less a reasonable administration fee and any irrecoverable disbursements.

I together with my heirs, executors and administrators hold harmless and indemnify and waive any claims of whatever nature we may have howsoever arising and release and discharge from any and all liability the Event Organisers and/or its members and/or directors and/or employees and/or agents and/or suppliers against any consequences of visiting and travelling to/from the Event Organisers and/or participating in any activities in and at the Event and/or arranged and/or provided by the Event Organisers, including (without limiting the generality of the a foregoing) any loss of or damage to personal effects, financial loss, illness, injury, harm, trauma or death (howsoever caused) including any claim from my wife, children or dependants, common law wife or life partner for maintenance, pain and suffering as a result of injuries (including any medical assistance or treatment) or otherwise or due to any arrangements having to be changed, amended or cancelled and/or legal costs (on an attorney and own client scale) that the Event Organisers (or any of the other parties indemnified herein) may incur. This indemnity will apply unless any act, omission on the part of the Event Organisers and/or its members and/or directors and/or employees and/or agents and/or suppliers and any person directly or indirectly connected with the running of or providing products or services to the Event Organisers gave rise to a claim for injury or death as provided for in section 61 (1).

The Event Organisers and/or its members and/or directors and/or employees and/or agents and/or suppliers and any person directly or indirectly connected with the running of or providing products or services to the Event Organisers will under no circumstances be liable for any indirect, consequential or special loss or damage, irrespective of the cause, unless such claim arises in terms of section 61 of the Consumer Protection Act.

VERY IMPORTANT: PLEASE NOTE RE SIGNATURE
· IF YOU ARE UNDER THE AGE OF 18, YOUR PARENT(S) OR GUARDIAN(S) MUST CO-SIGN THIS FORM.
· IF YOU REPRESENT OR MAKE A BOOKING ON BEHALF OF A GROUP OR YOUR PERSONAL GUESTS (‘THE GROUP’), YOU MUST PROVIDE US WITH A WRITTEN MANDATE AUTHORISING YOU TO MAKE THE BOOKING AND SIGN THIS BOOKING CONFIRMATION ON BEHALF OF THE MEMBERS CONSTITUTING THE GROUP OR EACH MEMBER CONSTITUTING THE GROUP MUST BE GIVEN A COPY OF OUR TERMS AND CONDITIONS AND MUST SIGN THIS INDEMNITY FORM.
· IF YOU REPRESENT OR MAKE A BOOKING ON BEHALF OF ANOTHER PERSON OR LEGAL ENTITY OR MINORS THAT ARE NOT PART OF YOUR FAMILY (‘OTHER PERSON), YOU MUST PROVIDE US WITH A WRITTEN MANDATE/RESOLUTION AUTHORISING YOU TO MAKE THE BOOKING, TO ACCEPT OUR TERMS AND CONDITIONS AND TO SIGN THIS INDEMNITY FORM ON BEHALF OF THE OTHER PERSON OR THE OTHER PERSON MUST BE GIVEN A COPY HEREOF AND SIGN IT.
· FAILURE TO COMPLY WITH THE ABOVE WILL RESULT IN ALL BOOKINGS AND/OR ACTIVITIES BEING CANCELLED.

All business is conducted in terms of our Standard Terms and Conditions, a summary of which is available on request from our offices. All parties doing business with The X-Berg Challenge (Between Heaven and Earth Pty (Ltd), will be deemed to have read and accepted to be bound by our Standard Terms and Conditions.