Indemnity Form

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Release of Liability, Waiver of claims, Assumption of risks and Indemnity Agreement By signing this Agreement, you will waive certain legal rights, including the right to sue.

Please note that all riders will be required to sign a copy of this document prior to the commencement of any tour.

Use and Rental Agreement

I accept full responsibility for the equipment listed on this form ("the Equipment") and agree to pay for any damage howsoever arising to the equipment and replace the Equipment at full retail value if damaged to such an extent that repairs are not feasible or practical or if stolen during our hire/rental session if caused by any negligence on my behalf.

Bicycle Safety

I acknowledge that I have been advised to wear an approved helmet and or protective gear while cycling. I am aware that cycling is subject to all applicable South African traffic regulations. I am familiar with the proper use of the Equipment, including all quick release mechanisms, brakes and gear shifters. I am aware that there are technicians available to answer any questions that I might have as to the proper use of the Equipment. I have made no representations as to my cycling ability and do so entirely at my own risk.

Assumption of Risk

I am aware that quick release mechanisms, brakes and other parts of the Equipment will not function as optimally intended at all times and under all circumstances and may be adversely affected by inclement weather conditions, moisture, terrain and the like. I am aware that cycling, including off-road and mountain terrain cycling involves risks, dangers and hazards to myself and others, including, but not limited to mechanical and structural failure of the Equipment; changing weather conditions; variation in steepness of terrain; difficulty or inability to control one's speed and direction; loss of balance, rapid or uncontrolled acceleration or de-acceleration on hills and inclines; collision with earth rock, earth trees or any other natural or manmade objects or holes; collision with pedestrians, other cyclists or other vehicles of any nature; Changes or variations in the cycling surface; failure to cycle safely or within one's own ability; negligence of other cyclists, pedestrians or drivers of other vehicles; negligence on the part of ByeCycle (Pty)Ltd, it's members, directors, officers, employees, agents and or servants and the manufacturers and distributers of the equipment, their members, directors, officers employees, agents and or servants. We understand that use of the equipment including safety equipment cannot guarantee my safety or freedom from injury or injury of others during use. We are aware that it is impossible to predict every condition, situation and circumstance under which the equipment and safety equipment will not operate as intended. We freely accept and fully assume all such risks, dangers and hazards, and the responsibility for personal injury, death, property damage, and loss resulting therefrom. (all foregoing parties referred to as "releasees")

Release of Liability, Waiver of claims, Assumption of risks and Indemnity Agreement

In consideration of the use of, rental or hire of the equipment, we agree to the following:
To waive any and all claims that I have or may have in the future have against Byecycle (Pty)Ltd, its members, directors, officers, employees, agents, and/or servants and to release the releasees from any and all liability for any loss, damage, expense or injury including death that we may suffer, resulting from or arising from any cause whatsoever from the use of the equipment, including negligence, breach of contract or breach of warranty on the part of the releasees in respect of design, manufacture, selection, installation, maintenance, inspection, service or repair of equipment, or in respect of the provision or the failure to provide any warnings, direction, instructions or guidance as to the use of the equipment. There are no warranties, expressed or implied, concerning the equipment listed on this form; To hold harmless and indemnify the releasees from any and all liability from any damage to property of or personal injury or loss to any third party resulting from our use of the Equipment; This Agreement shall be effective and binding upon our heirs, next of kin, executors, administrators and representatives in the event of my death or incapacity; This Agreement and any rights, duties and obligations as between parties to this agreement shall be governed by and interpreted solely in accordance with the Laws of South Africa and no other jurisdiction; and. Any litigation involving the parties to this Agreement shall be brought solely within South Africa and shall be within the exclusive jurisdiction of the Courts of South Africa.