Liability Disclaimer and Indemnity
- All members, participants in events and their guests (“the participants”) acknowledge that by entering the Harley Davidson dealership or H.O.G.® facilities, or by taking part in any ride or event, they voluntary submit themselves to the risk of injury, death and/or damage to property and equipment that may occur (the “risk”) and agree that if they sense or observe any situation which they regard as unsafe, or if, at any time they feel unable or unfit to safely continue participating in the ride or event for any reason, they will withdraw from the premises, ride or event.
- The participants undertake to follow the instructions of H.O.G. ROC, its committee members, officials or marshals and subject to the instructions given by a marshal, to abide by the rules of the road as well as the Constitution and By-Laws of H.O.G. ROC.
- The participants understand that they may be filmed and/or photographed before, during and after the event. They agree that H.O.G. ROC may utilize any photographic, film or video image or likeness of them and their names for any legitimate purpose in connection with the event or future events to be organised by H.O.G. ROC.
- Whilst reasonable safety and precautionary measures are taken by the H.O.G. ROC to ensure the participants’ safety, neither H.O.G.® ROC or its officials nor Johannesburg Harley Davidson or the Harley Davidson Motorcycle Corporation accept any responsibility for any claim whatsoever arising from death, injury or loss and/or damage to person or property occasioned as a result of the participants’ participation in any ride or event.
- All riders confirm that they hold a valid motorcycle license / learner’s license and acknowledge that riding a motorcycle is an inherently dangerous activity in which possible risk of serious injury, death and/or damage to property and equipment may occur. By participating in any ride the participants accept this risk and confirm that they will participate in any ride or event at their sole and absolute risk.
- The participants acknowledge that the risks inherent to any ride or event include, but are not limited to risks arising from their skill and ability as a motorcyclist, the instructions or directives given by H.O.G.® ROC, its committee members, officials or marshals, their state of mind, alcohol or drug intake, the terrain or road which the ride or event traverses, weather conditions, vehicular traffic and the actions of other road users.
- The participants understand and accept that, whilst no person is under any obligation to verify whether or not they are intoxicated, they may be prohibited by H.O.G.® ROC, its committee members, officials or marshals to take part in any ride if they reasonably believe that the participants may be under the influence of any alcohol or drugs, or that their mental state could pose a risk to the event and/or fellow participants.
- The participants accordingly hereby indemnify and hold harmless H.O.G.® ROC, any H.O.G.® committee members, marshals and officials, ROC Harley Davidson, its Dealer Principal, employees and officials and Harley Davidson Motorcycle Corporation (“the parties”) to the fullest extent possible in law, against any claims occasioned as a result of their participation in any ride or event of whatever nature or however caused arising directly or indirectly out of any act or omission, including negligent acts or omissions by the parties, including any claim for consequential loss or damage, loss of profit or any claim by any of their dependents arising from the events related to, in connection with or occasioned as a result of their participation in any ride or event. Mindful of the fact that their behavior, acts or omissions may cause injury, death or damages to another person, the participants hereby indemnify and hold harmless H.O.G.® ROC, its officials, ROC Harley-Davidson dealership and the Harley-Davidson Motorcycle Corporation against a claim of any nature which may be brought against them or either one of them arising out of or having been caused by the participants’ behavior, acts or omissions.