STANDARD TERMS AND CONDITIONS OF PARTICIPATION AND DISCLAIMER AGREEMENT

EVENT LIST:

The standard terms and conditions contained in this document apply to the following events:

Gravel Burn South Africa
Sub-events and activities associated with the above events

READ THIS DOCUMENT CAREFULLY BEFORE SIGNING AND INSERTING YOUR FULL NAMES AND/OR IDENTITY NUMBER/PASSPORT NUMBER. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL LIMIT OR ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS. BOLDED/CAPITALISED WORDS ARE FOR EMPHASIS ONLY BUT DO NOT NEGATE OR DIMINISH THE IMPORTANCE OF THE OTHER AND/OR SURROUNDING TEXT.

By inserting my full names and identity number/passport number below, I accept and understand that:

I am legally agreeing to the statements in this document and that these statements are accepted and relied upon by the Released Parties (as defined herein).
I intend that the insertion of my name and identity number/passport number constitutes an electronic signature as defined by section 1 as read with section 13(2) of the Electronic Communications and Transactions Act, 25 of 2002.
I hereby freely and voluntarily acknowledge and/or take such action/s for myself, and on behalf of my spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on my behalf and/or as a result of my injury and/or death, and for whom I am duly authorised to act as detailed below, on the terms and conditions of this document.
I am accordingly concluding a binding agreement with the relevant entity, as detailed below, on the terms and conditions contained in this document.

THIS DOCUMENT MUST BE SIGNED BY THE PARTICIPATING ATHLETE. PROOF OF IDENTITY (ID BOOK/ PASSPORT/ DRIVER'S LICENSE) WILL BE REQUIRED UPON COLLECTION OF YOUR RACE PACK.

DEFINITIONS USED IN THIS DOCUMENT:

Defined Term	Definition or meaning
Athlete or I	An/The entrant or participant in an Event, signing this document or, if permitted, duly assisted by a guardian or other representative acceptable in law and where such term includes reference to the representative person.
**Event
Producer/Organiser**	The entity responsible for the hosting and/or administration of the relevant Event as identified in the Event List above, namely Gravel Burn South Africa Proprietary Limited.
Event/s	An event as set out in the Event List above.
Event Rules	Rules relating to, amongst other things, the entry, participation, and operation of a specific Event.
Agreement	This document comprising and constituting the standard terms and conditions of participation in the Event.
Released Parties	The Released Parties include the race sanctioning body, Event sponsors, Event organisers, Event promoters, Event producers, Race directors, Event officials, Event staff, advertisers, property owners (including private landowners who grant access to their property for the purposes of the Event), administrators, contractors, vendors, volunteers, third-party service providers to the Event, all other persons or entities involved with the Event, and all state, city, town, provincial, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations in which the Event or segments of the Event take place, and each of their respective parent, subsidiary and affiliated

	companies, licensees, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, and other participants and their principals, representatives, agents and assigns.
Claims	A claim for and/or of liabilities of every kind, demands, damages (including direct, indirect, incidental, special and/or consequential), losses (economic and non-economic), and causes of action, of any kind or any nature, which an Athlete has or may have in the future, including court costs, attorneys' fees and litigation expenses with each such Claim being excluded or waived under this Agreement.
AFSA	Arbitration Foundation of Southern Africa, or its successor-in-title.
AFSA Rules	The rules of the AFSA (commercial or expedited, as the case may be).
Personal Information	Information relating to an identifiable, living, natural person, and (where applicable) an identifiable, existing juristic person, including without limitation the name, race, gender, marital status, address and identifying number of a person, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person.
POPIA	The Protection of Personal Information Act, 2013 (as amended).
Processing	Any activity that involves the use of Personal Information. It includes any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including:
• the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use; or
• dissemination by means of transmission, distribution or making available in any other form; or
• merging, linking, as well as restriction, degradation, erasure or destruction of information.
Special Personal Information	Personal Information concerning the religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life or biometric information of a data subject; or the criminal behaviour of a data subject to the extent that such information relates to the alleged commission by a data subject of any offence; or any proceedings in respect of any offence allegedly committed by a data subject or the disposal of such proceedings.

NOTE THAT THE ANNOTATIONS AND/OR BRIEF EXPLANATIONS OF EACH PARAGRAPH ARE FOR YOUR CONVENIENCE AND ARE NOT INTENDED TO REPLACE THE TEXT OF EACH PARAGRAPH.

1. ASSUMPTION OF RISKS	Risks in participation include paralysis and death
1.1. I HEREBY ACKNOWLEDGE AND ASSUME ALL OF THE RISKS OF participating in this event. I acknowledge that bicycling and/or other applicable portions of this event are inherently dangerous and are an extreme test of my physical and mental abilities and limits that carry with them the potential for serious bodily injury, permanent disability, paralysis, illness, death, and property damage or loss.	I am responsible for my fitness and health to participate.
I acknowledge and agree that I will bear all the risks inherent in the Event.
1.2. I ACKNOWLEDGE AND AGREE THAT it is my responsibility to determine whether I am sufficiently fit and healthy enough to safely participate in the Event.	I accept all responsibility for my equipment and acknowledge that it is suitable.
1.3. I ACCEPT RESPONSIBILITY FOR the condition and adequacy of my competition equipment and my conduct in connection with and/or during the Event. I understand and acknowledge that there may be vehicular or pedestrian traffic on the course route, and I assume the risk of bicycling and/or other applicable portions of this Event and participating under these circumstances.	I understand that there may be unforeseen obstacles (e.g., vehicles, surface hazards and pedestrians).
1.4. WITHOUT LIMITING THE AFOREMENTIONED,
I UNDERSTAND THAT I WILL BE PARTICIPATING IN THE EVENT AT MY OWN RISK AND I ALSO ASSUME ANY AND ALL OTHER RISKS ASSOCIATED WITH PARTICIPATING IN THIS EVENT, INCLUDING BUT NOT LIMITED TO THE FOLLOWING risks arising from my skill and ability as a cyclist and endurance sport participant, my nutrition and fluid intake, my fitness and health prior to the event, falls, dangers of collisions with vehicles, pedestrians, other participants, the event organisers, sponsors and their principals, representatives, agents and assigns fixed and temporary objects, the dangers arising from surface hazards and the terrain that the event traverses, equipment failure, inadequate safety equipment, the hazards that may be posed by spectators or volunteers, and weather conditions. I further acknowledge that these risks include risks that may be the result of negligent acts and/or omissions, of the Released Parties, as defined herein.
1.5. I UNDERTAKE TO seek medical or any other assistance from the Event Organiser, if I sense or observe any hazard or unsafe condition, or if, at any time, I feel unable or unfit to safely continue participating in the Event for any reason, or if I am directed to by the Event Organiser or their health advisers.
I further agree that if I cannot continue to participate in the Event for whatever reason, I will immediately inform the relevant Event Organiser. I understand that if I do not inform the relevant Event Organiser, and if a search and rescue operation is initiated for me, I (or my team) will be responsible for the cost of such search and rescue. I understand that I will be participating in the Event at my own risk and that I am responsible for the risk of participation in the Event. I understand that neither the Event Organiser nor any of their staff, representatives, volunteers, contractors or anyone associated with them will be supervising participants during the Event or at any time. I further agree that I am solely responsible for my own well-being at all times, during and after the Event and other activities, including during free time and at all other times.	I agree to seek medical or any other assistance from the event organisers if necessary.
I agree to immediately inform the relevant Event official if I am unable to continue participating in the Event. Failure on my part to immediately inform the relevant Event official will result in me being responsible for the costs of any potential search and rescue operation. I understand that by participating in this event, I do so at my own risk. I agree to withdraw from the Event, at my sole cost, if necessary.

2. PAYMENT OF ENTRY FEES
2.1. I understand and accept that I may not participate in the Event unless my race entry fees have been paid in full.	Entry fees must be paid in full before I may participate
3. CANCELLATIONS, SUBSTITUTIONS AND WITHDRAWALS
3.1. I acknowledge and accept that, should I wish to cancel, substitute or withdraw my entry in the Event, the relevant cancellation, substitution and withdrawal provisions which appear on the Event's website shall apply (including those provisions related to the timing and process of such cancellation, substitution and withdrawal).	I must refer to the cancellations, substitutions and withdrawals policy on the Event webpage.
3.2. I further undertake to refer to the Event's webpage for updated policies and communications regarding the Event, including cancellations, substitutions, withdrawals, refund roll-overs etc., as these will be updated from time to time and, as such, I am required to keep informed of the latest policies published on the Event's webpage.
3.3. I understand that if I have entered and paid for the Event but am unable to participate in the event for whatever reason, I must inform the race office
4. WARRANTIES
4.1. I WARRANT AND UNDERTAKE that I am or will be sufficiently fit and physically trained to participate in the Event, which I elect, of my own volition, to enter. I further warrant that I have not been advised against participation in the Event by any healthcare provider and that I have no physical or medical condition that would endanger myself or others if I participate in the Event or would interfere with my ability to safely participate in the Event.	I am responsible for my fitness and health to participate
I have no medical conditions that endanger myself
5. I UNDERSTAND AND ACKNOWLEDGE THE DANGERS
5.1. associated with the consumption of alcohol and/or drugs before, during and after the Event and I recognize that consumption of alcohol and/or drugs might impair my health, judgment and motor skills. I assume responsibility for any injury, loss or damage associated with my use or consumption of alcohol and/or drugs. I confirm I have had an opportunity to review the World Anti-Doping Code, and that I agree to comply with and be bound by all the provisions thereof, including, but not limited to, those related to sanctions for breach of such code (including, but not limited to, a disqualification or a lifetime ban from participation).	I accept the dangers of consuming drugs and alcohol beforehand and during the Event.
I understand and accept the Anti-Doping Rules.
6. LIMITATION OF LIABILITY AND RELEASES
6.1. WAIVE, RELEASE, AND FOREVER DISCHARGE THE RELEASED PARTIES, FROM ANY AND ALL CLAIMS, WHICH 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 PARK OR PARKING AREAS, AT THE EVENT VENUES OR ON THE ROUTE AND A THAT MAY ARISE OUT OF, RESULT FROM, OR RELATE TO MY PARTICIPATION IN THE EVENT OR MY TRAVELLING TO OR FROM THE EVENT OR ANY OF THE ACTIVITIES	I may not Claim from the Released Parties as I have abandoned the right to do so in this document

| ASSOCIATED THEREWITH OR INCIDENTAL THERETO, USE OF FACILITIES AND/OR AMENITIES OR BY REASON OF DEFECTIVE MATERIAL OR EQUIPMENT OR BY WAY OF ANY HUMAN OR MECHANICAL ERROR, DEFAULT OR FAILURE OR FROM ANY OTHER CAUSE WHATSOEVER, MY ARRIVAL AT THE EVENT OR DEPARTURE THERE FROM AND ATTENDANCE AT ANY CEREMONY OR FUNCTION THEREOF, OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, MY BREACH OR FAILURE TO ABIDE BY ANY PART OF THIS AGREEMENT, MY BREACH OR FAILURE TO ABIDE BY ANY OF THE RACE SANCTIONING BODY'S COMPETITIVE RULES, EVENT ORGANISER AND/OR THE APPLICABLE EVENT RULES, AND INFORMATION IN THE ATHLETE INFORMATION GUIDE, AND/OR MY ACTIONS/INACTIONS WHICH CAUSE INJURY OR DAMAGE TO ANY OTHER PERSON INCLUDING DEATH, PERSONAL INJURY, PARTIAL OR PERMANENT DISABILITY, ILLNESS, NEGLIGENCE, PROPERTY DAMAGE

AND DAMAGES OF ANY KIND, PROPERTY THEFT, AND CLAIMS RELATING TO THE PROVISION OF FIRST AID, MEDICAL CARE, MEDICAL TREATMENT, OR MEDICAL DECISIONS (AT THE EVENT SITE OR ELSEWHERE), AND ANY CLAIMS FOR MEDICAL OR HOSPITAL EXPENSES, EVEN IF SUCH CLAIMS ARE CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF THE RELEASED PARTIES.
6.2. I FURTHER SPECIFICALLY AGREE THAT IF AND TO THE EXTENT THAT I OR MY DEPENDENTS MAY HAVE A CLAIM (OF ANY NATURE IN LAW OR IN FACT) AGAINST THE RELEASED PARTIES, I/WE WILL NOT PURSUE THAT CLAIM.	I agree that neither I nor my dependents will pursue a claim against the Released Parties
6.3. I confirm and understand the importance and meaning of this liability disclaimer, the waiver of claims and the indemnity and, that by agreeing hereto, I am hereby waiving substantial legal rights (on my own behalf and on behalf of my dependants).	I understand the importance and meaning of the liability disclaimer
6.4. 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 and indemnity and that I have either taken such independent legal and/or other advice or dispensed with the necessity of doing so.	I acknowledge that I have been free to secure independent legal and/or other advice
6.5. I FURTHER CONSENT TO RECEIVE MEDICAL CARE and treatment that may be deemed necessary and/or advisable in the event of injury, accident or illness to me while participating in the Event rendered by a medical professional or any of its agents, employees, volunteers, affiliates and designees, a physician and/or hospital. If necessary, I authorise the Event Producer or any of its agents, employees, volunteers, affiliates and designees, any organiser or sponsor of the Event, or any Event volunteer, to consent to such medical care and treatment. I understand that in such circumstances my Personal Information may need to be Processed, and I consent to this, and I am aware that in limited circumstances the Processing of my Personal Information related to receiving medical care will be for my legitimate interests.
I understand that this authorization is given in advance of any specific diagnosis, treatment, or hospital care being required, and is given to provide authority and power to render care which the abovementioned persons may deem advisable in the exercise of their best judgment. I agree to be responsible and assume liability for any and all costs incurred as a result of my participation in the Event, not covered by my insurance, including but not limited to, medical care and treatment, ambulance services, hospital stays, and physician and pharmaceutical goods and services
I AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM ALL LIABILITY FOR SUCH COSTS	I accept necessary medical treatment
I will pay any medical fees incurred or owed to the Released Parties as a result of any medical treatment
I agree to indemnify/hold harmless the Released Parties for the medical fees/costs mentioned

6.6. I understand and accept that all participants in the Event must accept the online standard terms and conditions of participation when registering their team for the Event and that a failure to accept such standard terms and conditions of participation will result in such participant being prohibited from participating in the Event.
7. ARBITRATION
7.1. Should any dispute (including any controversy or claim) arise between the Athlete and the Released Parties (the "Parties") in connection with:
7.1.1. the formation or existence of this Agreement;
7.1.2. the implementation of this Agreement;
7.1.3. the interpretation or application of the provisions of this Agreement;
7.1.4. the Parties' respective rights and obligations in terms of or arising out of, or the breach or termination of this Agreement;
7.1.5. the validity, enforceability, rectification, termination or cancellation, whether in whole or in part of this Agreement;
7.1.6. any documents furnished by the Parties pursuant to the provisions of, this Agreement; and/or
7.1.7. which relates in any way to any matter affecting the interest of the Parties in terms of this Agreement,
that dispute shall, unless resolved amongst the Parties to the dispute, be referred to and be determined by arbitration in terms of the AFSA Rules.
7.2. Any Party to this Agreement may demand that a dispute be determined in terms of this clause, through written notice given to the other Party (or Parties).
7.3. This clause shall not preclude any Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.
7.4. Where a Party to the Agreement requires that arbitration be held on an urgent basis, such Party shall give written notice to the other Party (or Parties) of such requirement. In such event, the Parties to the dispute agree to apply jointly to the AFSA Secretariat as required in terms of the AFSA Rules to facilitate such urgent arbitration.
7.5. The arbitrator shall be, if the matter in dispute is principally –
7.5.1. a legal matter, a practicing advocate or attorney of at least fifteen years' standing;
7.5.2. an accounting matter, a practicing chartered accountant of at least fifteen years' standing;
7.5.3. any other matter, any independent person, agreed upon between the Parties to the dispute,
7.6. appointed by the Parties to the arbitration or, failing agreement by the, within 14 days after the arbitration has been demanded, at the request of either of the parties to the arbitration, shall be nominated by the AFSA, whereupon the parties to the arbitration shall forthwith appoint such person as the arbitrator.
7.7. If that person fails or refuses to make the nomination, or if any such office does not exist, either party to the arbitration may approach the High Court of South Africa to make such an appointment. To the extent necessary, the court is expressly empowered to do so.
Disputes are decided by arbitration
Structure and rules of arbitration are set out in this clause
Arbitration is confidential

| 7.8. Should the Parties to the dispute fail to agree whether the dispute is principally a legal, accounting or other matter within seven days after the arbitration was demanded, the matter shall be deemed to be a legal matter. 7.9. Within 14 days after the pleadings have closed, the arbitrator shall determine the period within which the hearing will be concluded, taking into account the particular circumstances of the dispute. The arbitrator shall be entitled to extend the aforesaid time period under exceptional circumstances. The determination made by the arbitrator as regards the period within which the hearing will be concluded and/or the commencement date and/or the recommencement date shall be final. Neither Party to the arbitration may raise as good and sufficient cause for the absence of that Party to the arbitration proceedings the unavailability of that Party's legal representative. 7.10. The arbitrator shall, subject to the provisions of this clause, have the sole, fullest and freest discretion with regard to the proceedings save that the arbitrator, shall be obliged to give his/her award in writing fully supported by reasons and shall adopt procedures suitable to the circumstances of the particular case, avoiding unnecessary delay or expense, so as to provide a fair means for the resolution of the matters falling to be determined. 7.11. The Parties agree to keep the arbitration including the subject matter of the arbitration and the evidence heard during the arbitration confidential and not to disclose it to anyone except for purposes of obtaining an order as contemplated herein. 7.12. The arbitrator shall have the power to give default judgment if either Party to the arbitration fails to make submissions on due date and/or fails to appear at the arbitration. 7.13. The arbitrator but exercising the powers of an expert but not of an arbitrator, may "make the contract", but only as between the Parties to the arbitration, by completing any gaps in the contract or by determining any matter which has been or is left to be agreed upon by the Parties to the arbitration and on which they have not reached agreement. In such a case the arbitrator shall be entitled to reject any submissions made by the Parties to the arbitration and to make his/her own independent decision. 7.14. The arbitrator shall be competent to rule on his/her own jurisdiction, including with respect to the existence or validity of this clause 7. The arbitrator's authority to determine his/her own jurisdiction does not affect a competent court's authority to determine the arbitrator's jurisdiction, but any application to court on any such matter shall not affect the continuation of the arbitration proceedings, save and to the extent that a court otherwise orders. 7.15. The decision of the arbitrator shall be final and binding on the Parties to the dispute and shall not be subject to appeal and may be made an order of the court referred to in clause 7.16 at the instance of any of the Parties to the dispute.

7.16. The Parties hereby consent to the jurisdiction of the High Court of South Africa, Western Cape Division, Cape Town in respect of the proceedings referred to in clause 5.3.