INDEMNITY AND CONDITIONS
The owners and managers and their families (together “the owners“) of all of the land (“the land“) on which GEORGE TRAILS offers access to designated marked routes (“the marked routes“) for the purpose of recreational cycling, have made the land available to GEORGE TRAILS and cyclists subject to the following indemnities and undertakings which must be given by each individual.
- I use the land entirely at my own risk
1.1 I will bear the risk of all and any loss to any person which may arise from my presence on the land, as a result of anything at all. In particular, I hereby indemnify and hold harmless from all liability all persons, (including but not limited to George Municipality, GEORGE TRAILS, M.T.O. (Cape Pine) any successor of any of the aforementioned, all members, agents, contractors and employees of the aforesaid persons and the owners, local authority or statutory body and any employees of the former, together hereafter referred to as “the indemnified persons“) in respect of any loss, damage or injury whatsoever which I may cause or suffer (including loss to or by my family members and dependants) arising from any reason whatsoever, nothing excluded.
1.2 I acknowledge that GEORGE TRAILS acts as agent and trustee in respect of all of the indemnified persons other than itself, accepts this indemnity and any benefits conferred on the indemnified persons on their behalf and that GEORGE TRAILS is authorised by the indemnified persons to do so.
- My GEORGE TRAILS permit number is my access permit.
2.1 GEORGE TRAILS will issue me with an access permit either when I take out annual membership of GEORGE TRAILS or on an ad hoc basis if I am an occasional visitor to GEORGE TRAILS.
2.2 I will not ride, run or hike on the marked routes without my permit and will show it to any owner or official if asked to do so.
- I will only use the marked routes
3.1 I will not leave the marked routes and, specifically, will not go into forest sections or onto in-field access ways or fire breaks.
3.2 However, even if I leave the marked routes in contravention of this undertaking and Code of Conduct, I understand that nonetheless I will still remain fully bound by all of the terms and conditions of this Indemnity and Code of Conduct,
- I acknowledge that the land is privately owned and that operations take precedence
4.1 I will respect the owners’ staff and operational requirements, and not ride or conduct myself in a manner which interferes with owners’ operations in any way at all.
4.2 I acknowledge that all owners’ vehicles shall at all times have the right of way and that, if necessary, I will move off a path or road to permit vehicles to pass.
- I will comply with notices, instructions and directions by the owners’ staff
The owners may need to prohibit the use of certain areas for safety or operational reasons, and may do so without prior warning. I will politely and immediately adhere to notices, signs or instructions in this regard.
- I will not bring any vehicle other than a mountain bike onto the land
I will bring nothing motorised ever, for any reason, onto the land or the trails and shall engage only in mountain biking, trail running or hiking activities.
- I will behave with due decorum and will not bring the name of GEORGE TRAILS into disrepute or adversely affect the enjoyment of others.
If my behaviour is, in the sole opinion of the owners of GEORGE TRAILS:
7.1 Contrary to the terms of this Code of Conduct;
7.2 Of such a nature as to be unbecoming of a member of GEORGE TRAILS, or likely to adversely affect the good name of GEORGE TRAILS and/or enjoyment of other members of GEORGE TRAILS,
I understand that GEORGE TRAILS may summarily terminate my membership with no reimbursement of my membership fee or refuse me access to GEORGE TRAILS for a period to be determined by the operators of GEORGE TRAILS.
- I will look after the land as if it were my own
8.1 I will not litter at all (not even bio-degradable papers), will avoid causing fires, soil erosion or damage to plants and shrubs and will report trespassers (or unauthorised users) and incidents to the GEORGE TRAILS office.
8.2 I will act as eyes and ears for the owners and report suspicious activity I observe to GEORGE TRAILS and/or farm watch security to assist in the security in the area.
- I acknowledge having been specifically made aware of the following:
9.1 Mountain biking can be an inherently dangerous sport, especially if undertaken on uneven or roughly sculpted ground. I acknowledge that the marked routes offered by GEORGE TRAILS may be uneven or roughly constructed at times and may at times present a danger to mountain bikers. I will therefore exercise reasonable caution at all times when riding on the marked routes and do so at my own risk.
9.2 The roads, tracks and access ways on the property are generally narrow and are utilised frequently by private individuals, vehicles, heavy tractors and construction vehicles, many of which have long stopping distances, and which may pose a danger to me and I will accordingly take all due care and precautions;
9.3 The moving of trees or other operations on the property may constitute a danger to me;
9.4 The burning of brush is a regular occurrence on the property and it is often not possible to give prior warning of such burning. Fires may occur without the knowledge or control of land managers and burn in a dangerous, unpredictable and uncontrolled manner. All burning constitutes a serious danger and burning areas must be avoided;
9.5 The land is inhabited by snakes, baboons and other wildlife. I acknowledge that these may pose a danger to me. I will also take all reasonable care to do no harm whatsoever to any wildlife which I encounter.
9.5 GEORGE TRAILS has no emergency response facilities and limited resources to assist in an emergency. I accept that should I have an emergency on the trails GEORGE TRAILS will help as much as they can but that are not obliged. I need to be prepared to be self-sufficient in the case of an emergency.
9.6 My access to the property is undertaken with due knowledge and appreciation of the risks inherent therein.