T's & C's
Terms and Conditions
Please read the following participant waiver and agreement carefully, as it will affect your future legal rights. By accepting below, you acknowledge that you have carefully read and fully understood the waivers and agree to the terms.
The Lichtenburg Waterfees will do no refunds or inter race transfers for participant entries for any reason whatsoever. In the unlikely event that a refund or transfer will be considered it will be entirely up to the discretion of the event organizer. Any decision taken will be final and irrevocable.
LICHTENBURG WATERFEES: RELEASE OF CLAIMS, ASSUMPTION OF RISK AND CONSENT TO MEDICAL TREATMENT
1. I understand that all the events, and my participation therein and/or spectating thereof, held by Lichtenburg Waterfees (Event) are inherently dangerous and presents different and extreme obstacles including, but not limited to, mud, barbed wire, cargo nets, climbing, heights, jumping into water, jumping over obstacles, water crossings, steep hills, uneven terrain, downhill’s and/or public road crossings.
2. I understand that participating in the Event involves the risks of severe physical injury and/or death that cannot be completely eliminated.
3. I voluntarily, knowingly and freely assume all risks associated with competing in the Event, including, but not limited to, my own actions or in-actions, the actions or inactions of others (including participants, staff or spectators), falls, illness, infection, contact with others (including participants, staff or spectators), completing any and all obstacles, premises defects and the effects of weather, including high heat and/or humidity.
4. I agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by Lichtenburg Waterfees through its employees, representatives or agents, and to abide by any decision of any Event official relative to my ability to safely compete in the Event.
5. I understand, agree and accept that some of the obstacles may go through water that has not been tested for chemicals, disease or contamination.
6. I understand that the Event course may contain wild animals, insects and plants.
7. I agree not to dive into or enter the mud and or water pools head first, as doing so may cause serious physical injury.
8. I certify that I am physically fit and have no medical condition that would make participation in the Event more hazardous.
9. If I am pregnant, disabled in any way or have recently suffered an illness or injury; I should have or did consult a physician before participating in the Event.
10. I agree not to consume alcohol prior to the Event or use any medicines or substances that will inhibit my mental or physical ability to safely and effectively participate in the Event.
11. I consent to medical care and transportation in order to obtain treatment in the event of injury to me, volunteers or medical professionals may deem appropriate and understand that this Waiver & Release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
12. I understand and agree that I am expected to exhibit appropriate behavior at all times and to obey all local, state and federal civil and criminal laws at all times while participating in or attending the Event. This includes, generally, respect for all people, equipment, facilities or property. Lichtenburg Waterfees may dismiss me, without refund, should my behavior endanger the safety of or negatively affect the Event, person, facility or property. I also agree to indemnify The Lichtenburg Waterfees, its owners, officers, past and present employees, agents and Event sponsors from any and all third party claims caused in whole or in party by my negligent or intentional acts or omissions.
13. I agree that Lichtenburg Waterfees is not responsible for any personal items or property that is lost, damaged or stolen at the Event.
14. I understand that pets, wheeled baby conveyances or other wheeled means of conveyance are NOT permitted on the Event course.
15. I consent to the use of my image in photographs, motion pictures or recordings taken at the Event for use in Event advertising, marketing or promotion.
16. I assign all rights, title, and interest in any and all photographs, motion pictures, recordings or other records of the Event I may take or capture to The Lichtenburg Waterfees. The Lichtenburg Waterfees, grants to me a limited, non-exclusive, perpetual right and license to use, for non-commercial purposes only, any and all photographs, motion pictures, recordings, or other records of the Event I may take or capture.
17. I agree that all entry fee payments are final and non-refundable.
18. I agree that , Lichtenburg Waterfees reserves the right to cancel the Event in the event of extreme weather (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots or for any reason that, in Lichtenburg Waterfees discretion, will protect the safety and security of Event participants and spectators. In the event of such cancellation, there will be no refund of my registration fee.
LICHTENBURG WATERFEES : RELEASE OF ALL CLAIMS / ASSUMPTION OF RISK
I understand that Lichtenburg Waterfees is committed to conducting its Event in a safe manner and holds the safety of participants in the highest regard. I understand that Lichtenburg Waterfees continually strives to reduce such risks and insists that all participants follow safety rules and instructions that are designed to protect the participant’s safety. I also understand, however, that participants and parents/guardians of minors registering for the Event recognize that there is an inherent risk of severe physical injury and/or death when choosing to participate in the Event. I am solely responsible for determining if I am (or my minor child/ward is) physically fit and/or sufficiently skilled for the Event. I recognize and acknowledge that there are risks of physical injury to participants in the Event, and I freely and voluntarily agree to assume the full risk of any and all injuries, damages or loss, regardless of severity, that I (or my child) may sustain as a result of said participation. I approve my (or my child’s) participation in the Event. I assume all risks and hazards incidental to such participation in the Event, and I release, absolve, indemnify, and agree to hold harmless Lichtenburg Waterfees its owners, officers, past and present employees, agents, representatives, assigns, administrators, executors, volunteers, and all city, county and state governments, and all Event sponsors, their representatives and successors, and other persons, for any claim arising out of an injury to me (or my child) and from any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with my (or my child’s) participation in the Event.
REGISTRATION AGREEMENT AND LIABILITY WAIVER (AGREEMENT)
1. I represent and warrant to Lichtenburg Waterfees that I have full legal authority to complete this event registration on behalf of myself and/or any person I am registering (Registrant(s)), including full authority to make use of the credit or debit card to which registration fees will be charged. If I am registering a minor under the age of 18, I represent and warrant that I am the parent or legal guardian of that person and have the legal authority to enter into this Agreement on their behalf and by proceeding with this event registration, I agree that the terms of this Agreement shall apply equally to all Registrants.
2. I understand that participating in the Event is an inherently dangerous activity that presents extreme obstacles and involves the risks of severe physical injury and/or death that cannot be completely eliminated.
3. The Lichtenburg Waterfees shall not be liable for any direct, indirect, incidental, special or consequential damages, including lost profits, resulting from (a) the use or the inability to use online registration, (b) resulting from any transactions made or services or goods purchased through online registration or (c) resulting from unauthorized access to or alteration of any transmissions or data.
4. Use of online registration is at my own risk, on an as is and as available basis and Lichtenburg Waterfees makes no warranty that its site or services will be uninterrupted, secure or error free. I understand and agree that any material and/or data downloaded or otherwise obtained through the use of online registration, is at my own discretion and risk and that I will be solely responsible for any damage to my own computer system or loss of data that results from the download of such material and/or data.
5. I agree to indemnify and hold online registration harmless from and against any and all damages, costs, claims or demands, including reasonable attorney’s fees, made by any third party due to or arising from or relating to my use of online registration or the violation of any term of this Agreement.
6. I understand that online registration is controlled by Lichtenburg Waterfees from its offices in Lichtenburg South Africa. By completing this event registration, I agree that the statutes and laws of South Africa without regard to the conflict of laws principles thereof, will apply to all matters relating to this event registration and Agreement. I further agree and expressly consent to the exercise of personal jurisdiction in the courts of South Africa in connection with any dispute or claim with Lichtenburg Waterfees