All Membership is subject to Terms and Conditions
Membership is subject to:
- Constitution
- Indemnity, Release and Waiver of Responsibility
- Club Rules
Indemnity, Release and Waiver of Responsibility.
WAIVER
Risks Associated with Membership and Event Participation
I acknowledge and accept that participation in a Club (the “Club” being the Mx5 Owners Club of South Africa) being an affiliate of SAMCA, event (the “Event”) is potentially dangerous and that there are numerous risks associated with my participation. Such risks and dangers include, but are not limited to, traffic accidents, collisions with pedestrians, vehicles, other drivers, and/or fixed or moving objects, and the negligence of other drivers. Further, I fully understand and accept that my participation in the Event may result in serious bodily injury and/or death to myself, or others. I further realize and understand that the route of the Event will require driving on public roadways upon which the hazards of traveling are to be expected
Assumption of the Risks
With full knowledge and understanding of the risks associated with my participation in any Event, either as a Member or a Guest of the Club, I enter the Event voluntarily and fully accept and assume every such risk for loss, damage, or personal injury (including death).
Compliance with Terms and Conditions
I agree to comply with all the Club’s Rules and an Event’s terms and conditions of entry. I acknowledge and understand that the Organiser of an Event will use reasonable efforts to ensure that all other participants abide by the terms and conditions of entry, but that it cannot guarantee that the participants will abide by these terms and conditions.
Release of Liability
Upon obtaining Club Membership or as a guest of the Club, I hereby waive, release, and forever discharge, for myself, my heirs, executors, administrators and legal representatives, any and all rights and/or claims which I have, may have, or may hereafter accrue to me against SAMCA, the Club Organisers, its officers, directors, employees, consultants, agents and event sponsors for any and all damages, personal injuries (including death), and/or claims which may be sustained by me or my vehicle directly or indirectly arising out of my participation in the Event (including the application of emergency or medical services at the Event) even if the damages, injuries (including death), and/or claims are caused by the negligence of those persons listed above or otherwise (including out of the transportation of my vehicle by air arranged by the Club) save that nothing in these Terms and Conditions shall be construed as excluding or limiting the Organiser’s liability for personal injury or death arising from its negligence or the negligence of persons under its control. Further, I covenant not to sue the Organiser, its officers, directors, employees, consultants, agents, and Event sponsors for any and all damages, personal injuries (including death), and/or claims which may be sustained by me directly or indirectly arising out of my participation in an Event. This release and discharge includes but is not limited to, claims for personal injury, death, property damage, economic loss, breach of contract, lost wages, contribution indemnity, indemnity, punitive damages, negligence, or any other legally recognizable claim arising out of my participation in the Event (including all legal costs associated with such claims).
Indemnity
I hereby agree to release, defend, indemnify, and hold harmless SAMCA, the Club Organiser, its officers, directors, employees, consultants, agents, Event sponsors, and licensees and assigns from and against any and all claims, demands, damages, suits, liabilities or actions arising directly or indirectly out of my actions or otherwise from my participation in Events whether made or claimed during or after an Event, including all associated costs and expenses and any amounts which the Organiser may pay as a settlement or compromise of any such claims or liabilities.
Image Rights
I hereby waive any and all rights of publicity or privacy and grant the organizers full and complete permission to utilize and exploit my name, image, likeness, voice and biographical material in any and all manner and media throughout the world in perpetuity. I release the Club organizers, its officers, directors, employees, consultants, agents, sponsors, licensees, and assigns from and against any and all claims that I have or may have for invasion of privacy, defamation, or any other cause of action arising out of the production, distribution, broadcast or exhibition of photographs, footage or any promotional materials.
Personal Information
The Club takes the confidentiality of your personal information seriously, and we will ensure that all of our members, third-party service providers, partners, and any other people or entities, who may have access to your personal information, are bound by confidentiality and POPI compliance agreements in relation to all personal information we share with them. Whilst we take all reasonable steps to protect your personal information, we cannot accept any liability whatsoever for unauthorized or unlawful disclosures/processing of your personal information, made by/as a result of third parties who are not subject to our control.
Last Updated: 20 July 2022
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