Valsync (Pty) Ltd t/a Duck Apparel

Indemnity, Waiver of Liability and Assumption of Risk

This waiver applies to every event sponsored, organised, facilitated, co-hosted or otherwise associated with Valsync (Pty) Ltd t/a Duck Apparel. Read it before completing your purchase.

NOTICE IN TERMS OF SECTION 49 OF THE CONSUMER PROTECTION ACT 68 OF 2008

This document contains clauses that cut off and limit the liability of Valsync (Pty) Ltd t/a Duck Apparel and its Associated Persons. Read Clauses 5, 6 and 7 carefully before you buy. Getting to the payment screen without having done so is not a defence.

WHO IS WHO

"The Organiser" is Valsync (Pty) Ltd (Reg. No. 2015/310021/07), trading as Duck Apparel, and where the event involves them, Laborie Wine Estate and Paarl Trails. The term covers the directors, shareholders, officers, staff, agents, volunteers, contractors, subcontractors, sponsors, co-organisers, successors and assigns of all three entities, referred to collectively throughout this document as "Associated Persons".

"The Event" is whatever activity this ticket has been purchased for, whether a run, walk, pop-up, product launch, sports day, brand activation or any other gathering the Organiser runs, sponsors, co-hosts or is connected to.

"You" or "the Participant" is the person buying or using the ticket, including a parent or guardian purchasing on behalf of a minor.

"Loss or Damage" is defined broadly. It takes in physical harm, injury, illness, death, financial loss, property damage, legal claims and costs of any description, foreseen or unforeseen.

THE RISKS INVOLVED

Not all our events are the same. Some are low-key, others are physically tough and take place in environments we do not fully control. These conditions carry risk that cannot be fully eliminated, and by purchasing a ticket you are accepting that. The risks include, but are not limited to:

Physical injury of any nature, up to and including permanent disability or death; Adverse weather conditions, rough or uneven terrain and environmental hazards; Contact with other participants, officials, vehicles or animals in and around the event; Equipment failure and let-downs by third-party suppliers; At Laborie Wine Estate and on the Paarl Trails: the terrain is steep in places, the ground is uneven, elevation is significant, loose rock is present and surfaces become genuinely dangerous when wet. Fencing and construction work may also be active on or near the route on the day; Anything else that goes with being at an outdoor event, whether we planned for it or not.

WHAT YOU ARE CONFIRMING

Purchasing a ticket is confirmation of the following. You are physically fit for this event and have sought medical clearance where there was any doubt. You are 18 or over, or you are a parent or legal guardian purchasing for someone younger, in which case you are binding yourself and the minor to this entire document. You will comply with all instructions from our team, marshals, officials and medical personnel throughout the event. The information you provided at checkout is accurate and complete.

YOU ARE TAKING PART AT YOUR OWN RISK

Participation is entirely voluntary. You are entering with a full understanding of the risks involved and you accept those risks as your own. This extends to risks arising from acts or omissions by the Organiser or any Associated Person, including where those acts or omissions amount to negligence.

INDEMNITY (READ THIS CAREFULLY)

Access to the Event is granted on the basis that you agree, on behalf of yourself, your dependants, heirs and estate, not to hold the Organiser or any Associated Person liable for any Loss or Damage suffered by you or any third party, regardless of how it came about. This covers anything that occurs during your attendance or participation, acts or failures to act by any Associated Person including negligence, failure of equipment or third-party services, medical assistance provided to you at or after the event, the conduct of other participants or bystanders, and any other cause connected to the event whether anticipated or not.

EXCLUSION OF LIABILITY (READ THIS CAREFULLY)

South African law, including the Consumer Protection Act 68 of 2008 and the Compensation for Occupational Injuries and Diseases Act 130 of 1993, sets the boundaries of what liability can be excluded. Within those boundaries, the Organiser and all Associated Persons carry no liability whatsoever for Loss or Damage of any kind connected to this Event. Death, personal injury, property loss, medical emergencies, third-party conduct, cancellations, weather events and force majeure are all within the scope of this exclusion. Where the law does not permit a complete exclusion, liability is reduced to the minimum legally required. Nothing in this document seeks to exclude liability arising from fraud or deliberate misrepresentation.

RELEASE OF CLAIMS (READ THIS CAREFULLY)

All rights to bring legal action against the Organiser or any Associated Person arising from anything connected to this Event are hereby relinquished. This applies to claims that exist at the date of purchase and to claims that may only come to light at a later stage.

VENUE PARTNERS -- LABORIE WINE ESTATE AND PAARL TRAILS

For events held at Laborie Wine Estate and on the Paarl Trails network, the following additional terms apply. Laborie Wine Estate and Paarl Trails, including their respective directors, staff, agents and volunteers, fall within the definition of Associated Persons and are covered by the indemnity, exclusion of liability and release of claims in Clauses 5, 6 and 7. The trails are managed by Paarl Trails and their condition on any given day, including terrain, gradient, surface quality and any nearby construction or fencing activity, falls outside the control of Duck Apparel. The trails are taken as found on the day. Stay on the marked route, follow the markers and do what the marshals tell you. Leaving the marked route removes any remaining protection this document might otherwise have left in place for you. Steep, loose and slippery sections exist on this route and running them under difficult conditions is a decision that sits with you alone.

PHOTOGRAPHY AND MEDIA

Our events are photographed and filmed and you will likely feature in some of it. Attending constitutes your agreement to us using that footage for marketing or any other purpose. No further consent will be sought and no payment will be made.

YOUR PERSONAL INFORMATION

Your details are processed under the Protection of Personal Information Act 4 of 2013. Our full privacy policy is at duckapparel.co.za/pages/privacy. Attending the event means you consent to us using your information for event administration and future communications from Duck Apparel.

CANCELLATION AND REFUNDS

Events can be cancelled, postponed or changed. We reserve the right to do this for any reason. A refund of the ticket price is all that is owed to you if that happens. Travel, accommodation and any other costs you have arranged around the event are not our liability.

GENERAL

This document is governed by South African law. Disputes arising from it fall under the jurisdiction of the South African courts. Should any provision prove unenforceable, the remainder of the document continues in full force. This document constitutes the entire agreement between the parties on these matters. Ticking the acceptance box at checkout carries the same legal weight as a hand-written signature under the Electronic Communications and Transactions Act 25 of 2002.

CONFIRMATION OF ACCEPTANCE

Reaching the end of this checkout process and ticking the box means this document has been read, its terms are understood and you are bound by all of it. That includes Clauses 5, 6 and 7 and everything said about Laborie Wine Estate and Paarl Trails. It makes no difference whether the ticket is for you or someone else.

Valsync (Pty) Ltd t/a Duck Apparel · Reg. No. 2015/310021/07 · PO Box 19402, Tecoma, East London, 5214, South Africa · info@duckapparel.co.za