Motorcycle Adventures Cape Town Event Registration Form Question Title * 1. Name (Required.) Question Title * 2. Email (Required.) Question Title * 3. Phone (optional) Question Title * 4. Phone (optional) Question Title * 5. Age (Required.) Question Title * 6. Preferred date? Date / Time Date Time AM/PM - AM PM Question Title * 7. INDEMNITY AND RELEASE FORM (Required.) This form is an agreement between the passenger and Motorcycle Adventures Cape Town but not limited to pillions, or any parties engaging in the activities offered by Motorcycle Adventures Cape Town.1. Any reference to the Company includes the motorcycle owners or riders operating referred to as "the Operator" at the behest of the Company, as applicable.2. The Operator is operating a motorcycle ("the Ride”) wherein the Client may, depending on the request by the Client:2.1 utilize facilities;2.2 purchase, lease, rent, borrow, or otherwise obtain goods and/or services; and/or2.3 participate in riding on the motorcycle as a passenger and all related activities.3. These terms apply to all persons partaking in the Rides, regardless of whether as a recreational / leisure, or training, and further whether as a passenger person receiving instruction, or rider. UNDERTAKINGS AND WARRANTIES4. I, the undersigned, "THE CLIENT" hereby confirm and agree that:4.1 I am participating in the Ride and I understand that the Operator will take all reasonable safety precautions during the Rides. However I understand that the Ride(s) have inherent risks and dangers (including serious injury or death) that no amount of care, caution, instruction, or expertise can eliminate and are conducted in an environment which is controlled by natural elements.4.2 I acknowledge that there are inherent risks involved which are unknown to me and/or unforeseeable and that the risks and dangers are constantly changing and are numerous, and include, but are not limited to:4.2.1 equipment failure and/or malfunction;4.2.2 changing and unpredictable weather conditions;4.2.3 collisions with other vehicles operating on public roads and / or parking areas;4.2.4 pilot error;4.2.5 improper and/or negligent operation and/or use of the equipment;4.2.6 motorcycle malfunction and/or negligent vehicle operation; and4.2.7 negligence of instructors, operators, and other participants.4.3 I voluntarily, freely and expressly choose to incur any and all such risks associated with the activities covered by this Agreement, including the risks and dangers defined in Clauses 4.1 and 4.2.4.4 I shall at all times comply with any reasonable command given in the interest of aviation safety and / or preventing harm to myself and others by the Company, the Owner the Operator.4.5. I understand that any Ride that I undertake as a passenger will be for the purposes of leisure only.4.6. I am solely responsible for all baggage and personal effects whilst undertaking the Ride(s).4.7. I agree to pay for all damages to, or loss of, equipment belonging to the Company, the Owner and / or Operator, resulting from my use of equipment.4.8. Neither the Company, the Owner, nor the Operator has made any representation or promise that I will be successful in learning the art of Motorcycle riding, to the point where I will be a safe and proficient Rider. Question Title * 8. INDEMNITY AND RELEASE FORM (Required.) MEDICAL PROVISIONS5. The Ride(s) are strenuous physical and mental activities. Therefore, I warrant that I am mentally and physically fit and able to participate in the Ride(s), that I have not been instructed by a medical practitioner not to participate in the Ride(s) and that I do not suffer from any pre-existing medical condition which would jeopardize my health and/or safety on the Ride(s). I am not under treatment for any other physical infirmity or chronic ailment or injury of any nature. I am not under any medication of any kind at the present time.6. I am aware that my personal insurance or medical aid may be void or voidable unless I notify the applicable insurer of my intention to participate in the Ride(s) in any capacity.7. I warrant that I have adequate private medical insurance in the event of an incident while on and/or travelling to the Ride(s) or acknowledge that I hereby waived the necessity for private medical insurance.8. I authorize the Operator, its owners, employees, contractors and agents to call for medical care for me or to transport me to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. I agree that upon my transport to any such medical facility or hospital that none of the aforementioned people shall have any further responsibility for me.9. Further, I agree to pay all costs associated with such medical care and related transportation provided for me and shall indemnify and hold harmless the Operator, its owners, employees, contractors and agents of and from any costs incurred therein.10. I acknowledge that neither the Operator, nor the Company and/or the Owner hold any passenger; liability insurance, and that the only liability insurance in place is third party liability insurance (covering damages suffered by third parties alone). EXCLUSION OF LIABILITYI, the undersigned, "THE CLIENT", my heirs, executors, administrators or assigns or the participants, my estate, and/or anyone else claiming on my behalf hereby, now and in the future, unconditionally indemnify, hold harmless and release The Business, their heirs, executors, administrators or assigns or the participants or my estate, and the Operator (including the Company and/or the Owner), its members, employees, officers, agents, servants, representatives, contractors and suppliers, and any landowners and/or lessors on whose premises the Ride(s) depart, transit over and arrive on from any and all liability, claims, actions, and causes of action, whatsoever, arising out of any damage, loss, inclusive of my personal injury, my bodily injury, my death, and any damage to my property and/or any other personal or financial injury or loss.11. The exclusion of liability in Clause 10 applies while upon the premises or in or around the motor vehicle, motor units, or other vehicle, whether stopped or in motion, while participating in recreational riding, demonstrations, training, of either or any other activity, directly, or indirectly, contemplated by this agreement, including all associated activities, for example transportation, whether such loss, damage or injury results from the negligence or gross negligence, either active or passive, of any of the aforementioned people or entities.12. Furthermore, I declare that if, as a result of my negligence or willful misconduct, anyone, including any third person, suffers damages, personal injury, death or financial injury, I hereby indemnify the Operator (including the Company and/or the Owner) (hereinafter collectively referred to as ‘Releasees”), for any and all damages, all losses, claims, actions, or proceedings of every kind and character including attorney's fees and expenses, they may suffer as a result of defending any action brought against them or being liable to any third person which arise directly or indirectly from my participation in the activities covered by this Agreement, whether resulting from the negligence and/or other fault, either active or passive, of any of Releasees or from any other cause. GOVERNING LAW13. This Agreement will in all aspects be governed by and construed under the laws of the Republic of South Africa.14. Subject to the provisions of this Agreement, the parties hereto hereby consent and submit to the non-exclusive jurisdiction of the Magistrate's Court in the Republic of South Africa having jurisdiction in respect of the Client over any dispute arising from or in connection with this Agreement. SEVERABILITY15. I agree that should one or more provisions in this Agreement be judicially determined to be unenforceable, the remaining provisions shall continue to be binding and enforceable. CONTINUATIONS OF OBLIGATIONS16. I agree and acknowledge that the terms and conditions of this Agreement shall continue in full force and effect now and in the future at all times during which I participate, either directly or indirectly, in the activities covered by this Agreement, and shall be binding upon my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf. The terms and conditions of this Agreement (and especially the Exclusion of Liability) shall continue in full force and effect even in the event of termination of this Agreement. This Agreement supersedes and replaces any prior such agreement in favor of Releases I have signed.By signing this document I acknowledge that I know and understand the scope, nature and extent of the risks involved in the activities contemplated by this agreement; that by signing this Agreement, the terms, conditions, exclusions and limitations of liability set out in this Agreement are reasonable and enforceable in accordance with the provisions set out herein; that I have read and understood the terms of this Indemnity and Release, fully understand its contents and implications, sign it of my own free will, and agree to be bound by the terms of same; Done