In their capacity as a participant in the event, the Undersigned declares the following in favour of BMW (South Africa) (Pty) Ltd (BMW SA):

1. The Undersigned takes part in the event at his / her own risk. Accordingly, any of the BMW SA and /or any BMW SA employee, the event organizer, its members, servants or contractors (the “Designated Persons”) shall not be liable for any loss, damage and/or injury of whatsoever nature and howsoever caused (whether under contract, statute, delict or otherwise) and/or suffered by the Undersigned (including any person or property in their control) as a result of attending or participating in the Event (including in the Event’s activities) and any of the Designated Persons shall not be liable for any loss and/or damage (including indirect or consequential loss and/or damage) arising therefrom.
2. I, the Undersigned, fully indemnify and hold harmless the Designated Persons against all liabilities, claims, losses and damages of whatsoever nature (whether rising under contract, statute, delict or otherwise) of which any of the Designated Persons and/or any other person may sustain as a direct or indirect result, of me participating in the Event (including in the Event’s activities), where such claims, losses and damages are caused by my negligence, actions or omissions.
3. The Undersigned shall be liable to BMW SA for all damages to vehicles, including loss, perishing or seizer caused by the Undersigned wilfully or by gross negligence.
4. I, the Undersigned, hereby warrant that –
   • I am in good health and that I do not suffer from any illness or disability which may make it unsafe to participate in, or attend, the Event (including partaking in the Event’s activities such as being a passenger in any motor vehicle belonging to BMW SA during the Event);
   • I will adhere to all relevant legislation and/or rules pertaining to the Event at all times. I also elect to enter upon the venue, to remain present and/or take part in the Event, fully aware of the dangers present and also aware that the conditions upon the premises may become more hazardous during the Event and in the course of my participation or attendance thereat. I furthermore admit and declare that I am fully aware of and appreciate the ambit and extent of the inherent risks and dangers attendant upon or associated with the Event;
   • I am a holder of a full and valid driving license for passenger motor vehicles (if applicable);
   • I will comply with the prescribed procedures and instructions of BMW SA (including the prescribed procedures and instructions of any event organizer, its members, servants or contractors) during the event;
   • I am aware and I understand that the vehicles provided by BMW SA may only be used for the agree purpose and that a participant is prohibited from letting or otherwise handing over control of the vehicles to an unauthorised third party;
   • in the event that I am or become a passenger in any motor vehicle provided by BMW SA, I acknowledge and accept that the motor vehicle allocation and seat allocation within such motor vehicle lies within the sole discretion of BMW and its instructors, brand ambassadors and agents. I shall adhere to the age restrictions that may be imposed by BMW SA in respect of being a passenger in the concerned motor vehicle;
   • should I bring a minor (under the age of 18), I assume full responsibility of their well-being and accept these terms and conditions on their behalf. In that regard, I acknowledge and accept that no minor is permitted to participate in the Event without parental consent; and
   • BMW SA and/or its agents reserve the right to utilise any digital images/recordings captured at the event in any editorial, advertorial print, electronic media and/or on BMW SA’s social media platforms. I further accept that as it is normal practice within BMW SA’s environment to document events, BMW SA will assume the consent of all persons in attendance, unless consent is specifically withheld;
   • in the event of an emergency and in the event that I sustain any injury which requires medical assistance, I shall be responsible for any costs associated therewith including but not limited to:
     • My rescue, if rescue is necessary;
     • Receiving any emergency or other medical treatment; and
     • Transportation or evacuation by vehicle or aircraft.
   • I am aware that smoking (including the use of e-cigarettes) is not permitted whilst participating in any of the Event’s activities;
   • I shall have no claim whatsoever (under contract, delict, statute or otherwise) against any of the Designated Persons should weather conditions cause the Event activities to be abandoned / postponed; and
   • the personal information provided to BMW SA is true and correct,and do hereby irrevocably agree and understand that any and all information supplied to BMW SA is done so in terms of the requirements of this Agreement and Indemnity. Accordingly, BMW SA also undertakes to ensure that where any personal information is processed it will be done so to fulfil the contractual obligations imposed on the both parties and in accordance with the provisions of the Protection of Personal Information Act, 4 of 2013 (POPIA). Should you require further detail on how BMW SA processes personal information, kindly consult the BMW SA Privacy Statement, which is available on the BMW SA website (bmw.co.za).

GENERAL TERMS AND CONDITIONS

5. In addition to what is recorded herein, when purchasing a ticket for the Event, the Undersigned, acknowledges and agrees to be bound to the ticket sales Agent’s “Terms and Conditions” as published on their site at the point of purchase.
6. BMW SA may, at its sole and absolute discretion, remove any person from participating in the event should they fail to obey instructions and / or safety protocols; breach any provision hereof or if they are disorderly, intoxicated or whose conduct is unlawful or offensive or who is not entitled to attend the Event.
7. No cooler boxes, braais, deck chairs or picnic appliances, food or drinks (alcohol and or soft) can be brought into the event premises. No alcoholic beverages may be removed from the event premises. It is an offense for minors to purchase or consume alcohol or for persons to supply alcohol to minors. Alcohol may only be consumed in clearly marked areas.
8. Attendees are not permitted to bring food or beverage products purchased at commercial outlets outside the venue’s licensed area into the Event, save for food or beverages for attendees with special dietary requirements, provided that such food or beverages are not packaged in prohibited containers.
9. No under 18’s will be allowed access to any Bars where alcohol is served, unless accompanied by an adult.
10. Any person under the age of 14 must be under the direct supervision of an adult at all times, including when accessing or playing in the designated playing / gaming area. BMW SA reserves the right to refuse entry to, or to remove from, the Event or to refer to the police any persons under the age of 14 who are without adult supervision.
11. No dangerous objects will be allowed into the Event. Bags and other items may be subject to inspection and attendees may be searched. Attendees who refuse inspections or searches may be denied entry to the Event.
12. Attendees may not be admitted if their tickets are damaged or defaced or their tickets have not been purchased from an authorised ticket agent.
13. Unauthorised persons are prohibited from entering or attending the Event and any other area not accessible by the public.
14. Items which, in the opinion of the BMW SA, have the potential to cause injury or a nuisance or inconvenience to any other person will not be permitted into the Event venue. These include, but are not limited to, controlled, dangerous or illegal substances, cans, bottles, flares, fireworks, laser pointers, loud hailers and weapons of any description and may include certain musical instruments, flags and flagpoles and any other items considered by BMW SA to have the potential to cause injury or a nuisance or inconvenience to any other person.
15. Cameras (including digital cameras), audio and video recorders may only be brought into the venue if agreed to by BMW SA. Should it be agreed, at the request of the attendee, that such items be confiscated and securely stored, the attendee shall be liable for additional charges equal to the costs incurred in having the said items confiscated and securely stored (such as security costs).
16. Attendees are not permitted to transmit, broadcast, sell, license or otherwise publish, disseminate or reproduce any recordings (including, without limitation, photographic, video or sound recordings) of the Events without the prior written approval. Such unauthorised recordings may be confiscated or erased.
17. BMW SA will not be responsible for any damage to or loss or theft of an attendee’s personal property. For the avoidance of doubt and in addition to the foregoing, neither BMW SA nor any of its officers, subsidiaries, holding companies, affiliates, successors, assigns, directors, service providers, suppliers or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the attendee’s participation or attendance at the Event.

BMW SA may add, withdraw or substitute competitors, teams or artists and/or vary advertised material, programmes, prices, seating arrangements, audience capacity, the venue or programme times without any liability attracting to BMW SA.

I, the Undersigned, do hereby confirm that I have read and understood the Event’s terms and conditions contained herein and do hereby warrant by my signature (or clicking “I Agree” if entering electronically) that I consider myself bound by them.