
Specialized Service Offering Waiver Agreement
This Agreement sets forth the terms and conditions governing the provision of bicycle support services, including mechanical assistance and boxing/unboxing offerings (collectively, “the Services”), for participants of the Nedbank Gravel Burn event (“the Event”).
1. Acceptance of Terms
By booking and purchasing any Service Package and/or engaging any bike boxing or unboxing services, the participant (“the Client”) acknowledges and accepts the terms and conditions outlined herein. The Client further agrees that this Agreement is binding upon them personally and any associated persons for whom services are booked.
2. Booking and Payment Terms
- Full payment of applicable fees is required at the time of booking to secure the Client’s appointment.
- All bookings are non-transferable except with prior written consent from the Service Provider.
- Pricing includes all applicable taxes, including Value Added Tax (VAT).
3. Cancellation and Refund Policy
- Cancellations made thirty (30) or more calendar days prior to the commencement of the Event shall be eligible for a refund of fifty percent (50%) of the purchase price.
- Cancellations made within thirty (30) calendar days of the Event are non-refundable.
- Failure to attend or utilize booked services shall not entitle the Client to any refund or credit.
4. Scope of Services
- Services shall include mechanical support such as gear setup, headset servicing, bottom bracket maintenance, hub servicing, wheel builds, frame rebuilds, brake servicing, and diagnostic assessments.
- Bicycle boxing and unboxing services include professional assembly and disassembly, cleaning, and packing assistance.
- Replacement parts and consumables are expressly excluded from the Services and shall be billed separately where applicable.
- Services shall only be rendered during official service hours and at designated service locations as communicated by the Service Provider.
5. Limitation of Liability
- The Service Provider shall exercise reasonable skill and care but shall not be liable for any damage to bicycles, personal property, or injury to persons resulting from mechanical failure, misuse, or acts of negligence.
- The Client is solely responsible for presenting equipment in suitable working order and ensuring its readiness for the Event.
6. Force Majeure
- The Service Provider shall not be held liable for failure or delay in performance of obligations where such failure or delay arises from circumstances beyond its reasonable control, including but not limited to adverse weather conditions, natural disasters, public health concerns, government restrictions, or event cancellation.
7. Disclaimer and Indemnity
NOTICE IN TERMS OF SECTION 49 OF THE CONSUMER PROTECTION ACT NO. 68 OF 2008: This section limits the liability of the Service Provider and requires acknowledgment of associated risks and indemnities by the Client.
The Client hereby acknowledges and agrees as follows:
- All services rendered under this Agreement are undertaken at the Client’s own risk.
- The Client voluntarily assumes all risks associated with cycling and related activities, including but not limited to terrain conditions, equipment handling, and mechanical intervention.
- The Client hereby waives all claims and indemnifies the Service Provider, its employees, contractors, affiliates, venue operators, and event organizers against all claims, damages, loss, or injury howsoever caused, whether through negligence or otherwise.
- The Client accepts responsibility for any loss or damage to rental or personal equipment and agrees to reimburse the Service Provider for the cost of repairs, replacement, or lost property.
- The Client grants permission for any photographs or video recordings taken at the Event to be used by the Service Provider for marketing and promotional purposes unless such consent is expressly withdrawn in writing prior to the Event.
8. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising under this Agreement shall be subject to the jurisdiction of the competent courts of South Africa.