WEST COAST RALLY 2019: INDEMNITY/WAIVER OF LIABILITY -
ON ACCEPTANCE OF THIS FORM YOU HAVE AGREED TO THE BELOW
This Form provides for the furnishing of particulars and an indemnity/waiver of liability by every person participating or involved in whatever capacity in the events and activities during the WEST COAST RALLY in and around LAMBERT’S BAY during the period 24-27 OCTOBER 2019 to be conducted by the H.O.G® Tyger Valley Chapter (“Event”), and the person who furnishes his/her particulars and accepts this Form by a tick (‘the Participant’) thereby declares, by doing so, the following:
1. That the Participant fully acknowledges and understands the risks and dangers inherent in motorcycling, acknowledges that he/she has chosen out of his/her own free will without any undue influence to voluntarily participate in the Event and expressly agrees to assume the entire risk of his/her participation therein;
2. That the Participant hereby releases, indemnifies and holds harmless the Harley –Davidson® Sponsoring Dealer in relation to the Event, and H.O.G.® Tyger Valley Chapter itself, forming part of the HARLEY OWNERS GROUP® (“Chapter”), as well as the afore-mentioned Sponsoring Dealer and Chapter’s respective officers, directors and any member thereof participating in the Event (all hereinafter jointly and severally referred to as the “Released Parties”) from:
2.1 any claims or suits which the Participant has or may later have relating to his/her person (including paralysis or death) and/or property or any costs incurred or damages suffered by the Participant, whether or not such claims, suits, costs or damages result from negligence (except gross negligence and willful intent) on the part of any or all of the Released Parties arising from, or in connection with, the participation in whatever capacity in the Event, and the Participant assumes all risks of injury and damage to his/her person and property arising, directly or indirectly, from the conduct of the Event; or
2.2 any act or omission arising from, or in connection with, the conditions, qualifications, instructions, rules or procedures under which the Event is conducted by anyone of the released parties; or
2.3 any criminal or civil liability imposed upon a Released Party arising, directly or indirectly, from any act or omission by the Participant.
3. That if a minor or mentally incapacitated person is to participate in the ride, then the person signing on behalf of or assisting any of the aforesaid persons, by furnishing particulars and appending a signature, further agrees to take full responsibility for the minor’s mentally incapacitated person’s participation in the Event. The person thus signing hereby on behalf of the minor or mentally incapacitated person releases, indemnifies and holds harmless the Released Parties on the same basis set out in clause 2 above and to the extent not legally possible, hereby indemnifies and holds harmless the Released Parties against any such claim or suit by minor or mentally incapacitated person, costs incurred or damages suffered by the minor or mentally incapacitated person arising from, or in connection with, the participation of the minor or mentally incapacitated person in whatever capacity in the Event.
4. That he/she acknowledges and consents to photographs being taken and video material recorded during the Event and furthermore that these photographs and/or video material containing images/s of any Participant be used in HARLEY OWNERS GROUP® and Harley-Davidson® Tyger Valley as well as H.O.G.® Tyger Valley Chapter publicity material, such as but not limited to, H.O.G.® Tyger Tales and the Harley –Davidson® internet sites.