DECLARATION, UNDERTAKING, WAIVER AND INDEMNITY TO BE COMPLETED AND SIGNED BY EVERY COMPETITOR, ENTRANT, RIDER, DRIVER, CO-DRIVER OR NAVIGATOR
I have read and agree to be bound by the General Competition Rules (GCR’s) of Motorsport South Africa (MSA), and I agree to be bound by the Standing Supplementary Regulations (SSR’s) issued for any competition in which I take part.
I agree that neither MSA, nor the promotor, organiser, any vehicle owners or possessors, guarantor and/or sponsor of any competition or the owner/s of the property on which a competition is held, nor any government, provincial or municipal body, and their respective officials, agents, servants or representatives shall be liable under any circumstances for any damage done by or to any vehicle entered by or ridden in or attended upon by me, or for any personal injury – fatal or otherwise – or loss of whatever kind sustained by myself or any person whatsoever, while riding in or attending upon such vehicle, or while being present at any competition, whether caused during any competition or any practice or while the said vehicle is on any road or area forming part of the track or route or any deviation there from or any approach thereto (the event venue), by whatever means such damage, injury or loss may be caused, and even though the same may have been contributed to or caused by the willful act, neglect or default of any official, agent, servant or representative of MSA, or any promotor, organiser, guarantor or sponsor of the competition, or the owner/s of the property on which the competition is held or any government, provincial or municipal body.
Insofar as I, at any time, make use of or drive any vehicle, motorcycle, kart or quad of which I am not the owner, I hereby represent to MSA and warrant that I have the owner’s permission to drive such vehicle, motorcycle, kart or quad, and that I am duly authorised on behalf of the owner to furnish the indemnities given above on behalf of the owner of such vehicle, motorcycle, kart or quad as well.
I hereby indemnify MSA, the promotor, organiser, guarantor and sponsor of the competition and the owner/s of any property on which the competition is held and any government, provincial or municipal body and their respective officials, agents, servants and representatives against any legal liability for any damage or injury so done or sustained as aforesaid by myself or any other such persons as aforesaid.
I further admit and declare that I am fully aware of and appreciate the ambit and extent of the risks, dangers and perils attendant upon being present at or participating in motor vehicle/motorcycle/quad racing/karting, rallying or any other form or motorsport competition or activity described herein. I hereby voluntarily assume and consent to such risk and the risk of damages arising there from or injury or loss being sustained by myself or any other person as a result thereof.
I further agree that this assumption of and consent to risk shall operate against my dependents and/or heirs, executors and administrators.
I furthermore acknowledge and accept that I, as a competitor as defined in GCR 19, am personally bound by MSA’s GCR’s and SSR’s.
This indemnity shall apply to all competitions held under the authority of a permit issued by MSA or for which a waiver from the need of holding such a permit has been granted by MSA, in which I take part in any capacity.
I hereby represent to MSA and warrant that I am 18 years of age or older, alternatively, if the applicant is under 18 years of age, then the section under Parent/Guardian/Curator must be completed and signed as indicated.
Doping/Alcohol Control: I hereby voluntarily and irrevocably give my consent to allow a Doping Control/Alcohol Control Officer to examine me prior to, during or following a motor sporting event, meeting or competition. I further consent and agree to allow a sample of my blood and/or urine to be taken for laboratory analysis by the Doping Control/Alcohol Control Officer concerned to determine the presence of alcohol or prohibited drugs listed in the MSA Anti-Doping Code, in accordance with the procedure for testing as prescribed by WADA (World Anti-Doping Agency). Should the analysis of the samples taken reveal the presence of alcohol or drugs or should I refuse to allow samples of blood and/or urine to be taken, I consent to MSA taking disciplinary action against me as envisaged in the Motorsport South Africa Anti-Doping Code – as prescribed by WADA (World Anti-Doping Agency).
MSA IN ITS SOLE DISCRETION RESERVES THE RIGHT TO:
Issue a licence to an applicant who may not have the stipulated qualifications but who can satisfy MSA as to his/her ability and/or experience, full particulars of which MUST be submitted in writing in support of his application.
Withhold a licence, or issue a lesser licence notwithstanding the fact that the applicant has the necessary qualifications in accordance with details required and furnished in this application.
Issue licences to drivers who do not hold current driver’s licences (or learners licence) where the nature of the event allows the participation of junior competitors or the standing regulations of MSA do not specifically require drivers to hold driver’s licences.
DECLARATION BY PARENT/GUARDIAN/CURATOR
I, (full names), in my capacity as Parent/Guardian/Curator of the Applicant hereby consent to the participation of my child/ward in the activities referred to in this DECLARATION, UNDERTAKING, WAIVER AND INDEMNITY. I agree that this endorsement of consent by me is an indivisible and integral part of this DECLARATION, UNDERTAKING, WAIVER AND INDEMNITY which I have also signed. I fully understand and appreciate the contents thereof and I have satisfied myself that the contents are, in like manner, so understood by my child/ward. I hereby assist my child/ward in contracting with MSA as envisaged herein, both of us being aware that this DECLARATION, UNDERTAKING, WAIVER AND INDEMNITY is to his/her detriment. I furthermore furnish my consent for MSA to act in accordance with and enforce the provisions of the paragraphs headed Doping/Alcohol Control. I furthermore bind myself jointly and severally, in solidum, as surety and co-principal debtor with my child/ward in favour of MSA for the due performance of any obligation arising out of this DECLARATION, UNDERTAKING, WAIVER AND INDEMNITY.