Pangea Rally - Indemnity & Liability Waiver

1) Acknowledgement of Risk

[INITIAL HERE] I understand and acknowledge that participation in Pangea Rally involves inherent risks, including but not limited to:

• motorcycle riding on public roads, gravel roads, tracks, and off-road terrain;

• variable weather, dust, mud, sand, water crossings, stones, potholes, wildlife, livestock, traffic, pedestrians, and unexpected obstacles;

• remote locations with limited access to medical care, fuel, recovery services, communications, or evacuation;

• mechanical failure, rider error, acts or omissions of other riders, third parties, venue staff, contractors, suppliers, or road users; and

• injury, illness, permanent disability, death, property damage, financial loss, delay, inconvenience, and loss of personal belongings.
   

I voluntarily accept these risks and choose to participate at my own risk. I understand that the rally is a non-competitive event and that all riding remains subject to applicable South African laws and lawful route access requirements.

2) Fitness, Licence, Competence and Insurance Declaration

I confirm that:

• I hold a valid motorcycle driving licence suitable for the motorcycle I will ride;

• I am competent to ride in mixed on-road, gravel, and off-road conditions;

• I am medically and physically fit to participate;

• I am not aware of any condition that would make my participation unsafe unless disclosed by me in writing;

• I will not ride while impaired by alcohol, drugs, medication, fatigue, illness, or any other condition affecting my ability to ride safely;

• I have valid travel insurance and medical insurance suitable for adventure motorcycling and remote travel; and

• I have read and agree to the Terms & Conditions of Booking and Participation, the Refund & Cancellation Policy, and the Rider Code of Conduct.
   

Pangea Rally may refuse or discontinue my participation where, in its reasonable opinion, I pose a safety risk to myself, others, property, or the Event.

3) Motorcycle, Equipment and Mandatory Gear

I accept responsibility for the roadworthiness, legality, and safe condition of any motorcycle I supply myself and for the suitability of my riding gear and personal equipment.

I understand that the minimum required riding gear includes:

• a properly fastened helmet;

• suitable riding boots;

• gloves; and

• eye protection.
   

Pangea Rally may set additional minimum equipment standards in the Terms & Conditions, Rider Code of Conduct, pre-event communications, or rider briefings. Pangea Rally may inspect equipment and may exclude any rider using unsafe, unsuitable, or non-compliant equipment.

4) Conduct, Alcohol and Substances

I understand and agree that:

• no alcohol may be consumed before or during riding activities;

• no narcotics or impairing substances may be used before or during riding activities;

• I must comply with marshal instructions, event briefings, route discipline, and South African road laws at all times; and

• breach of safety or conduct rules may result in removal from the Event without refund, subject to the Refund & Cancellation Policy.
   

Where reasonably required for safety, I consent to reasonable screening or testing, including breathalyser testing, in the event of suspicion of impairment.

5) Route Variations, Weather and Operational Conditions

I understand that routes, checkpoints, schedules, venues, support plans, and accommodation arrangements may change for safety, weather, road conditions, permits, fire, wildlife, operational requirements, public order, government action, labour disputes, pandemics, or similar force majeure or safety-related reasons.

I accept that conditions may include dust, heat, cold, wind, rain, mud, darkness, wildlife, and remote operating conditions. I agree to ride within my limits and I understand that I may choose to opt out of a section, but that opting out does not automatically entitle me to any refund, credit, or alternative benefit unless expressly stated in the applicable policy.

6) Medical Disclosure, Emergency Treatment and Evacuation

I will disclose relevant medical conditions, allergies, medication issues, and emergency information that may affect my safety or treatment.
I authorise Pangea Rally, its staff, medics, marshals, or representatives to arrange emergency first aid, evacuation, transport, recovery, or hospital treatment for me where they consider it necessary or appropriate.

I understand that:

• emergency response options vary by location;

• response times, access, and outcomes cannot be guaranteed; and

• all costs of medical treatment, ambulance services, evacuation, repatriation, recovery, additional accommodation, or related transport remain my responsibility unless covered by my insurer.
   

7) Data Privacy, Health Information and GPS Tracking Consent

Responsible party / controller: Pangea Partners (Pty) Ltd trading as Pangea Rally.

I understand that Pangea Rally may process my personal information for booking administration, safety management, logistics, payments, legal compliance, emergency response, and, where I separately consent, marketing communications.

This may include limited health information where necessary for rider safety or emergency response. Pangea Rally may also use GPS, telematics, ride logs, or route-tracking information for safety, logistics, search and recovery, or operational management.

I understand that personal information may be stored, processed, or transferred cross-border where reasonably necessary for service delivery, provided appropriate safeguards are used where required by law.

𝥀I give explicit consent for Pangea Rally to process my health information for rider safety and emergency response purposes.
𝥀I consent to receive marketing communications from Pangea Rally and understand that I may unsubscribe at any time. (optional)

8) Media Consent and Likeness

I acknowledge that photography, filming, and other recording may occur during the Event.

I grant Pangea Rally a worldwide, royalty-free, non-exclusive right to use my image, voice, name, and participation in event documentation, website content, marketing, social media, and promotional material without further approval or compensation.

Pangea Rally will act reasonably on legitimate privacy concerns notified in writing before the Event.

9) Third-Party Suppliers

I understand that certain services, including accommodation, recovery, medical services, motorcycle rental, transport, and other support services, may be provided by independent contractors or third-party suppliers.

To the fullest extent permitted by law, Pangea Rally is not liable for the acts or omissions of such third parties and does not assume their contractual obligations to me unless expressly stated in writing.

10) Rental Motorcycle Responsibility

If I use a rental motorcycle, I acknowledge that the rental agreement is between me and the rental provider.

I understand and accept that:

• a credit card hold, security deposit, or insurance excess may be required;

• the excess amount differs by motorcycle and package;

• I am responsible for damage caused to the rental motorcycle while it is in my possession or control;

• any claim, excess, repair cost, damage settlement, dispute, or arbitration relating to the rental motorcycle must be handled directly with the rental provider; and

• Pangea Rally is not responsible for settling or resolving rental disputes between me and the rental provider.
   

11) Refunds, Deferrals and Force Majeure

I acknowledge that this waiver must be read together with the Pangea Rally Refund & Cancellation Policy.

In force majeure, material safety, or operational circumstances, Pangea Rally may cancel, postpone, reroute, or materially change the Event and may offer a credit, deferral, or other remedy in accordance with that policy, less any irrecoverable costs where applicable.

12) Release and Waiver

To the fullest extent permitted by South African law, I release Pangea Rally, Pangea Partners (Pty) Ltd, its directors, employees, contractors, marshals, mechanics, medics, volunteers, sponsors, partners, venues, landowners, service providers, affiliates, and representatives from liability for any injury, death, loss, damage, delay, cost, or expense arising from or connected with my participation in the Event, except where liability cannot lawfully be excluded.

This release includes, without limitation, claims arising from motorcycle riding, route conditions, weather, remote travel, mechanical failure, limited communications, medical response times, venue conditions, third-party conduct, personal belongings, and event changes.

13) Limitation of Liability

[INITIAL HERE] To the maximum extent permitted by South African law, and except in the case of gross negligence, wilful misconduct, or any liability that cannot legally be excluded or limited, Pangea Rally’s aggregate liability arising from the Event is limited to the amount paid by me for the Event itself.

Indirect, incidental, special, or consequential loss is excluded to the fullest extent permitted by law.
Nothing in this waiver limits liability where such limitation would be unlawful.

14) Indemnity

To the fullest extent permitted by law, I indemnify and hold harmless Pangea Rally, Pangea Partners (Pty) Ltd, its directors, employees, contractors, marshals, mechanics, medics, volunteers, sponsors, partners, venues, landowners, service providers, affiliates, and representatives against any third-party claim, loss, damage, liability, cost, or expense arising from:

• my breach of this waiver, the Terms & Conditions, or the Rider Code of Conduct;

• my negligent or unlawful acts or omissions during or in connection with the Event;

• my use of a motorcycle or rental motorcycle; or

• any damage, injury, loss, or claim I cause to another person, vehicle, property, animal, venue, land, route, or the environment.
   

15) Governing Law and Jurisdiction

This waiver is governed by the laws of the Republic of South Africa.

Any dispute arising from or relating to this waiver or my participation in the Event will be subject to the non-exclusive jurisdiction of the South African courts, including the High Court of South Africa (Western Cape Division, Cape Town), unless otherwise required by applicable law.

16) General

If any provision of this waiver is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
This waiver, together with the Terms & Conditions of Booking and Participation, the Refund & Cancellation Policy, and the Rider Code of Conduct, constitutes the full agreement between the parties on the subject matter to which it relates.

17) Rider Acceptance

By signing below, or by electronic acceptance at checkout where applicable, I confirm that I have read, understood, and agree to this Indemnity & Liability Waiver, including the clauses marked for initialling or consent.

Participant signature: ___________________
Date: ______________________________
Place: ______________________________
Participant initials for Clause 1: _____________
Participant initials for Clause 13: ____________
Witness name: _______________________
Witness signature: _____________________
Date: ______________________________