QUAD BIKE RENTAL TERMS AND CONDITIONS
FORM TO BE COMPLETED AND SIGNED BY EACH PARTICIPANT IN QUAD BIKING ACTIVITY
The undersigned (Participant) and, where applicable, the responsible adult/guardian of the Participant under the age of 18 (Guardian), hereby acknowledge and agree to the following terms and conditions regarding the rental and operation of quad bikes from Go Touch Down Resorts - Dunkeld Country and Equestrian Estate (Company). These terms aim to ensure the safety of all parties involved. Use of a quad bike constitutes full acceptance of these terms.
- Eligibility and responsibility
- 1.1. I confirm that I am 18 years or older. If the participant is under 18, the Guardian acknowledges full responsibility and liability for the participant's actions.
- 1.2. I understand that coverage under the Southern African Tourism Insurance Brokers (SATIB) insurance policy only applies to guests aged 18 years and older. The Guardian acknowledges that in cases involving guests under 18, they will be liable for 25% of the claim amount as an excess (deductible) as set out in paragraph 2.1 below.
- 1.3. I confirm that I am sober and free from drugs and/or alcohol.
- 1.4. The participant must be physically fit and free from any medical condition that could impair their ability to safely operate a quad bike. The Participant and Guardian acknowledge responsibility for notifying the Company of any relevant medical conditions. The participant must be physically fit and free from any medical condition that could impair their ability to safely operate a quad bike. I acknowledge that I am responsible for notifying the Company of any medical condition that may cause complications during the quad bike activity.
- Liability for Participants under the age of 18
I, the Guardian:- 2.1. Hereby acknowledge and agree that in the event of any damage to the quad bike or any accident occurring while the quad bike is being operated by the participant under my responsibility, I shall be liable for 25% of the claim amount as an excess (deductible). This liability is subject to a minimum amount of R5,000 per incident. I understand that if 25% of the claim is less than R5,000, the minimum R5,000 will still apply
- 2.2. Further indemnify the Company and agree to provide R5,000 in the event of any loss or damage caused by the participant under 18, without any requirement for a deposit in advance. By signing below, I accept full responsibility for any such claims and agree to these terms.
- 2.3. Consent to being contacted by SATIB's Legal Department for any necessary follow-up relating to claims or legal proceedings arising from incidents covered by the SATIB insurance policy. I understand that this contact may include discussions of my liability, and I agree to cooperate fully with SATIB's Legal Department in providing information, statements, or written acknowledgments as requested.
- Compliance with instructions
- 3.1. I agree to follow all instructions provided by the Company’s quad bike guides and representatives.
- 3.2. I acknowledge that I have been informed of the rules related to the use of quad bikes and agree to comply with all requirements set by the Company.
- Assumption of risk
- 4.1. I am aware that participating in this activity exposes me to risks that are not normally encountered in everyday life, which have been explained to me by the Company.
- 4.2. I accept full responsibility for my actions and the actions of any person under my care during the quad biking activity.
- 4.3. I agree that the Company is not responsible for any damage to personal property or belongings of the Participant.
- Waiver of claims
- 5.1. I hereby waive and abandon any claims against the Company, its directors, employees, agents, contractors or representatives for any personal injury, loss, or damage incurred while participating in the quad bike activity, whether on Company property or elsewhere.
- 5.2. This waiver applies to claims made by myself, my heirs, executors, administrators, or assigns, and to any claims by third parties.
- Liability for damage and injury
- 6.1. I acknowledge that I am financially responsible for any loss or damage to Company property or any third parties resulting from my participation in the quad bike activity, including but not limited to the cost of repairs or replacement of the quad bike.
- 6.2. I further acknowledge that I am responsible for any injuries, death, or property damage caused by my actions during the activity, and I consent to being contacted regarding such issues in the event of property damage or injury.
- 6.3. I acknowledge that the Company does not provide any insurance coverage for the Participant, passengers, or personal property. The Participant is responsible for obtaining personal insurance coverage if desired.
- Indemnity
I agree to indemnify and hold harmless the Company, its directors, employees, agents, contractors and representatives against any liability, claims, damages, demands or legal actions that may arise from my participation in the quad bike activity, including claims made by third parties. - Consent for photography
- 8.1. I consent to having a photograph taken of my ID, passport, or driver’s license.
- 8.2. I also consent to having a photograph taken of me sitting on the quad bike I will be operating.
- Participant’s responsibilities
I agree to:- 9.1. use the quad bike only for its intended recreational purpose;
- 9.2. obey all traffic laws and resort-specific rules;
- 9.3. wear appropriate safety gear, including helmets, at all times;
- 9.4. refrain from operating the quad bike under the influence of alcohol, drugs, or any other substance that may impair their abilities; and
- 9.5. not allow any unauthorized person to operate the quad bike.
- Termination of rental
I acknowledge that the Company reserves the right to terminate the rental and operation of the quad bike at any time without refund if the Participant is found to be in breach of any of these terms and conditions, or if the Company determines that the Participant poses a risk to themselves or others.
- Refund policy
I acknowledge that that no refunds will be provided once the rental period has commenced, except in cases where the Company terminates the rental due to mechanical failure of the quad bike not caused by the Participant.
- Acknowledgement and agreement
I agree to:- I acknowledge that this agreement is binding on my heirs, executors, administrators, or assigns.
- 12.2. I confirm that all information provided by me below is true and correct. I acknowledge that providing false information may result in prosecution for fraudulent conduct.
- 12.3. I freely and wilfully agree to all the terms and conditions under which the quad biking activities are being conducted.
- 12.4. I acknowledge that I have read, understood, and agree to all of the above terms and conditions.