INDEMNITY, WAIVER, AND RELEASE OF LIABILITY AGREEMENT * INDEMNITY, WAIVER, AND RELEASE OF LIABILITY AGREEMENT
Cederberg Mountain Running Adventure
Mindset Movement pty LTD
PARTICIPANT ACKNOWLEDGMENT AND ASSUMPTION OF RISK
I, the undersigned participant, acknowledge that I have voluntarily chosen to participate in the three-day Cederberg Mountain Running Adventure (hereinafter referred to as “the Activity”), organized by Mindset M pty LTD, which includes trail running in the Cederberg mountains, including a night run, over rugged terrain from 29 August 2025 to 31st August 2025, I understand that the Activity involves inherent risks and dangers, including but not limited to:Physical exertion and fatigue;Slips, trips, and falls on uneven, rocky, or steep terrain;Exposure to extreme weather conditions (e.g., heat, cold, rain, wind);Limited visibility during the night run, increasing the risk of accidents;Encounters with wildlife, insects, or plants that may cause harm;Dehydration, heatstroke, hypothermia, or other medical emergencies;Injuries such as sprains, fractures, cuts, bruises, or concussions;Loss or damage to personal property; and The possibility of serious bodily injury, disability, or death.I acknowledge that these risks may arise from my own actions, the actions of other participants, the conditions of the terrain, or the actions or omissions of the Company, its employees, agents, guides, contractors, or landowners. I accept that the Company cannot eliminate all risks, as this would make the Activity unfeasible. I assume full responsibility for all risks, known and unknown, associated with my participation in the Activity, including pre-event and post-event activities, travel to and from the Activity, and any incidental activities.
INDEMNITY AND RELEASE OF LIABILITY
In consideration of being permitted to participate in the Activity, I hereby agree to the following:Release: To the fullest extent permitted by law, I release, absolve, and hold harmless Mindset M pty LTD its owners, directors, employees, guides, agents, contractors, landowners, sponsors, and any other service providers acting on their behalf (collectively, “the Indemnified Parties”) from any and all claims, demands, actions, lawsuits, damages, costs, or expenses (including legal fees) arising out of or connected with my participation in the Activity, including but not limited to bodily injury, disability, psychological harm, loss of life, or loss or damage to property.Indemnity: I agree to indemnify and hold the Indemnified Parties harmless from any and all claims, losses, demands, actions, damages, or causes of action, whether suffered by me, my estate, my dependents, heirs, beneficiaries, or any third party, arising directly or indirectly from my acts or omissions during the Activity.Limitation of Liability: I understand that the Indemnified Parties are not liable for any loss, damage, injury, or death resulting from my participation in the Activity, except where such loss, damage, injury, or death is directly caused by the gross negligence or intentional misconduct of the Indemnified Parties, as determined by a court of competent jurisdiction in South Africa.
MEDICAL CONSENT AND RESPONSIBILITY
I confirm that I am in good health, physically capable of participating in the Activity, and have no medical conditions that would impair my ability to safely complete the mountain running adventure. I consent to the Company, its guides, or appointed medical service providers procuring emergency medical care or transportation for me if deemed necessary in the event of injury or illness during the Activity. I indemnify and hold harmless the Company and its medical service providers from any claims arising from such treatment or transportation. I acknowledge that I am responsible for all costs associated with medical care, emergency evacuation, or transportation.
BEHAVIOR AND COMPLIANCE
I agree to follow all instructions, rules, and safety guidelines provided by the Company, its guides, or representatives during the Activity. I understand that the Company reserves the right to disallow my participation at any time if, in their sole discretion, they believe my behavior endangers my safety, the safety of others, or the integrity of the Activity. I agree to respect all people, equipment, facilities, and property and to comply with all local, provincial, and national laws of the Republic of South Africa.
CANCELLATION AND NO REFUNDS
I acknowledge that organizing and managing the Activity involves costs, and in the event of my cancellation for any reason, the Company will not issue a refund under any circumstances.
LEGAL JURISDICTION
I agree that the laws of the Republic of South Africa shall govern this Agreement, without regard to conflict of laws principles. I consent to the exclusive jurisdiction of the appropriate division of the High Court of South Africa for any dispute, claim, or issue arising from or related to this Agreement or my participation in the Activity.
SEVERABILITY AND REPRESENTATIONS
I agree that if any provision of this Agreement is found to be unenforceable or invalid by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall remain in full force and effect. I confirm that I have not relied on any verbal or written representations, statements, or promises made by or on behalf of the Indemnified Parties other than those contained in this Agreement. I am an adult of sound mind, have read and understood this Agreement, and acknowledge that it affects my legal rights. I have had the opportunity to seek independent legal advice regarding its contents.
PARENT/GUARDIAN CONSENT (IF APPLICABLE)
If the participant is under 18 years of age, I, as the parent or legal guardian, confirm that I have read and understood this Agreement, consent to the minor’s participation in the Activity, and agree to be bound by its terms on behalf of the minor. I understand the inherent dangers of the Activity and accept the risks on behalf of the minor.
By accepting these terms & condition, I acknowledge that I have carefully read, fully understood, and agree to be bound by the terms of this Indemnity, Waiver, and Release of Liability Agreement.