Definitions:
- “Premises” means; Trails, Facilities, User Areas (both natural and Man Made).
- “Member” means; Rider, User, Minor Children of the Member and Invitees.
I agree to abide by the FatTracks Constitution as displayed on the FatTracks Website under ‘About FatTracks’ and more specifically the Rules about membership in Par 4 of the Constitution.
Disclaimer and Indemnity:
- The member undertakes and agrees to ride all trails and use all areas entirely at his or her own risk, both in respect of personal injury and damage to and incidental to Assets.
- The member hereby waives and shall have no claim whatsoever against FatTracks, any landowners, any individual organiser or contractor, official, assistant, helper, representative or agent, the sponsors, any local authority or their employees, hereinafter referred to as parties, in respect of any injury, loss or damage that the member may suffer arising from any injury to the person or damage to property of the member, caused directly or indirectly by the negligence, albeit gross or otherwise, of one or more of the aforementioned parties.
- The member undertakes not to hold any of the parties liable if he or she or any dependant or his or her estate suffer loss or damage which was caused directly or indirectly from participation on the premises, including, but without limiting the generality of the afore-going, any loss or damage due to physical injury or death or the physical injury or death of another person, or due to patrimonial loss or damage, and in which ever manner the damage or loss was caused, including negligence or otherwise of the parties.
- The member indemnifies the parties against all liability the above mentioned loss or damages and confirms that this acceptance of risk, undertaking and indemnity is also binding on his or her estate.
- The member accepts that, without limiting the generality of the afore-going, the parties and the owners or managers of the venue shall accept no responsibility or liability for any injury, howsoever caused, to any person while on the premises or while utilizing the facilities thereon, as well as in respect of any patrimonial loss or damage, howsoever caused, suffered by any person while on the premises or while utilizing the facilities thereon.
- Should the member be a minor, the parent, guardian or adult supervisor of the minor confirms that the minor is riding the trails and using all areas at his or her own risk and indemnifies the parties against claims by or on behalf of such minor and hereby indemnifies the parties in respect of any injury, loss or damage as referred to above.
- The member, or in the case of minor, the parent or guardian, confirms that he or she has read and understands the effort of this indemnity.
- All or any of the parties may accept the benefits which accrue to them in terms of this indemnity at any time after it has been agreed to by the participant, which agreement shall be given automatically by way of membership or participation on the premises.
- The member hereby undertakes to use his or her best endeavours to bring this disclaimer to the attention of all of his or her invitees and all other users as far as reasonably possible.