LIABILITY DISCLAIMER, INDEMINTY, WAIVER AND RELEASE OF CLAIMS
1. I acknowledge and agree that the MyRyde or Steeple CX events (“Events”) are a series of cyclo-cross style cycling races held throughout a calendar year, and that it is inherent in the Events that there are the risks of serious injury, illness, death and/or damage to participants, sports and other equipment.
2. I acknowledge that the risks inherent in the Events, include, but are not limited to risks arising from my skill and ability as a cyclist, my nutrition and fluid intake, my fitness and health prior to the Events, the terrain which the Events traverse, road surface, weather conditions, water conditions, vehicular traffic, the actions of other participants or spectators or bystanders, the Event organisers, operators, subcontractors, sponsors, service providers, suppliers, and their respective affiliates, principals, representatives, agents and assigns. I undertake and agree to seek medical or any other assistance from the Event organisers, if I sense or observe a hazard or unsafe condition, or if, at any time, I feel unable or unfit to safely continue participating in any Event for any reason. I furthermore undertake to withdraw from participation in any Event if advised or instructed by the organisers of the Event to do so or if I, at any time, sense or observe any unusual hazard or unsafe condition and I am in any way concerned that it is unsafe for me to continue with the Event, or if I in any way feel unable or unfit to safely continue with any Event.
3. I appreciate and understand the risks inherent in the Events and my participation therein. I accept these risks and confirm that I participate in the Events at my own sole and absolute risk.
4. I undertake to follow all the rules of any Event and all directions and/or instructions given to me by the Event organisers, operators, subcontractors and their principals, representatives, agents and assigns.
5. I acknowledge the Events are owned by T3 Multisports (Proprietary) Limited (“Owner”) and where applicable, organised and operated in partnership with Curro Holdings Limited and their subcontractors being Curro Holding Limited educational facilities and employees (“Operator”) . I hereby consent to the Owner assigning to the Operator all Event operating responsibilities hereunder and all other rights of Operator in relation to my participation in or registration for any Event.
6. I acknowledge that entry fees contributed are entirely non-refundable. Without limitation, if any Event, or any part thereof, is cancelled, postponed or otherwise amended, or if any of the amenities, goods or services in relation to any Event are no longer provided, whether due to force majeure, safety reasons, failure by service providers to perform, or any other reason or cause, entry fees contributed will not be refundable, and the decision to do so will be within the sole and absolute discretion of the Owner.
7. I understand that I may be photographed and/or filmed before, during and after any Event. I agree that the Owner or Operator, its affiliates, and their respective principals, representatives, agents, assigns, and designees (including sponsors) may utilise any photographic, film or video image or likeness of me and/or my name for any legitimate purpose (worldwide, in any media, and without payment or attribution) in connection with any Event, or future Events or races of the Owner, Operator or any of its affiliates.
8. Whilst reasonable safety and precautionary measures are taken by the Event organisers to ensure my safety, the Owner, Operator, subcontractors, event sponsors, suppliers, third party service providers to any Event, private landowners who grant access to their property for the purposes of any Event, and their respective affiliates, holding companies, principals, representatives, agents and assignees (collectively, “Parties”) do not accept , and I hereby irrevocably and fully release each from, any responsibility for any claim whatsoever arising in connection with any death, injury or loss and/or damage to person or property occasioned as a result of or in connection with my participation in, or attendance at, any Event. This includes, but is not limited to, the damage to, theft of, loss of, or disappearance of bicycles, cars, or other material properties parked, housed, or left in the bike or parking areas at any Event venue or on any route.
9. I accordingly hereby indemnify and hold harmless the Parties, to the fullest extent possible in law, against any claims occasioned as a result of or in connection with my participation in, or attendance at, any Event, of whatsoever nature or howsoever caused, including, without limitation, any loss, injury, harm, illness, death or damage of whatsoever nature and howsoever caused arising directly or indirectly out of any act or omission, including negligent acts or negligent omissions by the Parties, including any claim for consequential loss or damage, loss of profits or any claim by any of my dependents arising from events related to, in connection with, or occasioned as a result of my participation in, or attendance at, any Event.
10. This liability disclaimer, indemnity, and waiver and release of claims applies irrespective of who or how you entered for any Event. It applies to you even if someone else entered you for any Event. That person warrants that you have authorised them to do so and that that person can legally bind you as participant to this liability disclaimer, indemnity, and waiver and release of claims.
11. Any participant younger than 18 (eighteen) years old on the date of entering (“Minor”), may not participate unless their parent(s) or your legal guardian(s) have agreed to be bound by this liability disclaimer, indemnity, and waiver and release of claims.
12. I confirm that I understand the importance and the meaning of this liability disclaimer, indemnity, and waiver and release of claims and, that by agreeing hereto, I am waiving substantial legal rights (on my own behalf and on behalf of any Minors, my dependents and assignees). I acknowledge that I have been free to secure independent legal and/or other advice as to the nature and effect of all the provisions of this liability disclaimer, indemnity, and waiver and release of claims, and that I have either taken such independent legal and/or other advice, or dispensed with the necessity of doing so.
13. Proof of identity (ID Book / driver’s license) will be required upon collection of race numbers or packs at every Event.
PROTECTING YOUR PRIVACY
1. Protecting your privacy is as important to us as it is to you. For us, it’s more than just making sure we comply with the relevant legislation; you trust us with your personal information and we respect that trust. This privacy notice explains why and how we collect, use and store your personal information. If you have any questions please contact us at email@example.com.
2. In your dealings with MyRyde we obtain information about you. We want you to know exactly what that information is and what we do with it. After all, trust is nothing without transparency.
3. We ask for your information to make sure that we know who is at our events and are able to offer you the right products and services. This includes making sure that we know your loyalty affiliations for discounts and sending you promotional information.
4. The Protection of Personal Information Act (POPI) is aimed at protecting your personal information and prescribes what we must and must not do with it. POPI created an Information Regulator who checks that companies manage personal information in a responsible manner that respects your privacy.
5. Other legislation also applies to your personal information. The Safety at Sports and Recreational Events Act requires that we know who is at our events and how to assist them in the event of emergencies or disasters. This means that from time to time we will be obligated to process your personal information in a certain way (or keep it for a certain period).
6. From time to time we may have to amend this notice to accommodate changes in our business or services or if legal requirements change.
7. You know us primarily as MyRyde or Steeple CX, but the company that owns these event brands is T3 Multisports (Pty) Ltd. Curro Holdings Limited predominantly operate these events, but T3 Multisports operate events from time to time too. When you share your information with one of these event brands, you may also be sharing it with one of the others and with T3 Multisports or Curro Holdings. Your personal information may also be used in the day-to-day business of providing products and services to you. In some instances you may also be sharing your information with other companies that help us provide services to you. This notice does not apply to them.
8. If you are registered with us we collect your personal information. We require information such as your name, e-mail address, contact numbers, ID or passport number, gender, date of birth, in case of emergency contact person and information and may require communication preferences, language preferences, signature and eventually a customer reference number. We collect this information to process your registration so you can have a customer record with us. This is how we provide access to entries and other products and services.
9. We send out newsletters and surveys from time to time. You can choose to respond or not, and you can unsubscribe from receiving them.
10. When you use www.myryde.life or www.steeplecx.co.za we may collect standard information about your internet connection and website use. We collect this information from registered and unregistered users. We use this information to help us improve our website and online services. The type of information we may collect includes the URL you came from, IP address, domain type, browser type, the country and telephone code where your device is located, the web pages viewed during your visit, the advertisements you clicked on, and any search terms you entered on our website (user information).
12. When you contact us, we may collect information that helps us to categorise your query, respond to it and, if applicable, investigate what went wrong. We also use this information to track potential problems and trends to customise our support responses to provide a better service to you.
13. We do not collect the information of persons under 18 without the consent of their parents or guardians. If you are under the age of 18 you must not provide personal information to us without the consent of your parent or guardian.
14. We take still and video footage at our events, which you may be included in. We use this media for marketing, social media and promoting our events to the public and potential partners.
15. We use your personal information to provide our products and services to you. This includes: a. processing your payment card details in order to complete any purchase, b. delivering products that you order online, c. sending statements and any other legal documents, d. any other purpose relating to providing products and services, and e. when we have a legal duty to use or disclose your information.
16. We only share your personal information with companies that help us to provide our services to you and who have agreed to keep your information secure, confidential and to only use it for authorised purposes.
17. Your privacy is important to us, which is why it is our policy not to share your personal information with other companies. We will never sell your personal information.
18. We use suppliers or service providers who we trust to provide services to us and sometimes that involves sharing your information with them. They operate under strict requirements aimed at keeping your personal information secure and confidential and they will only use it for the purpose for which we have sent it to them.
19. Some of these service providers may be located in other countries that may not have the same levels of protection of personal information as South Africa. If this is the case, we require that they undertake to protect the personal information of our customers to the same level that we do.
20. You have the right to know what personal information we have about you, to correct it and to opt out of any marketing.
21. You have the right to: a. ask what personal information we hold about you; b. ask what information was sent to our suppliers, service providers or any other third party; c. ask us to update, correct or delete any out-of-date or incorrect personal information we hold about you; d. unsubscribe from any direct marketing communications we may send you; e. object to the processing of your personal information.
22. It can take us up to 21 days to respond to your request.
23. If you want us to delete all personal information we have about you, you will probably have to terminate all agreements you have with us. We cannot maintain our relationship with you without having some of your personal information. We can refuse to delete your information if we are required by law to retain it or if we need it to protect our rights. You can request access to the information we hold about you by contacting us.
24. You are able to view and correct some of your information online via your online profile. Any other information can be corrected via contacting us.
25. We have implemented reasonable security safeguards to protect the personal information that you provide. For example sensitive data (such as your credit card information) is protected by SSL encryption when it is exchanged between your web browser and our website or transaction partners.
26. We regularly monitor our systems for possible vulnerabilities and attacks. As no system is perfect we cannot guarantee that information may not be accessed, disclosed, altered or destroyed by breach of any of our physical, technical or managerial safeguards.
27. Please note that any e-mail you send to us is not encrypted and may be monitored by us. Please do not send us sensitive or confidential personal information by means of e-mail.
28. We will inform you if your privacy is ever compromised. Although we cannot prevent all security threats, we have measures in place to minimise the threat to your privacy. We will let you know of any breaches which affect your personal information.