https://www.tworedpens.co.za
Terms & Conditions
TRAIL AWARENESS CREW
TERMS & CONDITIONS & INDEMNITY WAIVER FOR TRAIL AWARENESS CREW
Introduction
By accessing and using the mountain biking trails and associated facilities provided by Trail Awareness Crew (TAC) on privately owned land (hereinafter referred to as “the Land”), all participants agree to the following terms and conditions.
These are legally binding, and you must understand and comply with them fully.
1. Assumption of Risk and Acknowledgement
1.1. I acknowledge that mountain biking and using the trails provided by TAC involve inherent risks, including, but not limited to, serious injury, illness, death, and damage to personal property.
1.2. I understand and appreciate the risks involved in mountain biking and acknowledge that such risks are exacerbated by the natural terrain, uneven or roughly hewn routes, and commercial operations on the Land.
1.3. I voluntarily assume all such risks and confirm that using these trails is entirely at my own risk.
2. Indemnification of Trail Custodians (TAC)
2.1. I hereby indemnify Trail Awareness Crew (TAC), its affiliated companies, associates, members, shareholders, directors, employees, contractors, and all other associated parties (“the Indemnified Parties”) from any claims arising from my participation in activities on the Land.
2.2. This indemnity includes but is not limited to claims caused by accident, negligence, or gross misconduct by any individual associated with TAC or third parties.
2.3. I agree that by accessing the trails and facilities, I waive any right to bring a claim or legal action against the Indemnified Parties, even in negligence cases, except those caused by wilful misconduct.
3. Use of the Trails
3.1. I will only use the designated trails and routes as marked by TAC. I acknowledge that venturing off the marked routes is prohibited.
3.2. I recognise that the Land is privately owned and subject to commercial operations, which take precedence over recreational activities.
3.3. I will respect the owners’ staff and operational requirements and agree not to interfere in any way with the operations on the Land. This includes yielding to vehicles, machinery, and forestry activities.
3.4. I will comply with all notices, signs, and instructions from TAC and the landowner. This includes restrictions on specific areas for safety or operational reasons, which may be enforced without prior notice.
4. Respect for the Environment
4.1. I commit to preserving the natural environment and not damaging the trails, land, or surroundings.
4.2. I will not litter and ensure that all wrappers, bottles, and other personal items are securely stowed.
4.3. I will avoid causing fires, soil erosion, or damage to vegetation and will immediately report any damages or suspicious activity to TAC or the landowner.
5. Safety Acknowledgments
5.1. I acknowledge that mountain biking is inherently dangerous, particularly on uneven or roughly hewn ground. I will exercise caution at all times and ride at my own risk.
5.2. I understand that vehicles, including heavy tractors and equipment, may use the roads and tracks, which may pose a danger to cyclists. I will take due care to avoid such hazards.
5.3. I accept the risks of ongoing commercial activities, including timber movement and land development.
5.4. I, with this, waive any right to hold TAC or the landowner liable for any injury, loss, or damage I may suffer due to these risks.
6. General Terms
6.1. This waiver is binding upon me and any dependents or minors under my care.
6.2. I confirm that I have been allowed to seek independent legal advice regarding the terms of this waiver and the implications of waiving substantial legal rights.
6.3. By signing this waiver, I acknowledge that I have read, understood, and agreed to the full terms of this indemnity.
Note:
If you are signing this waiver on behalf of a minor, you accept full responsibility for ensuring compliance with these terms and conditions on their behalf.
This agreement serves as a waiver of legal claims and indemnifies Trail Awareness Crew (TAC) and the custodians of the land against any and all liabilities associated with the use of the trails and facilities.