Indemnity Agreement

3Rivers Trails NPC

Registration Number: 2020/135363/08

Welcome to 3Rivers Trails. By accessing our website, purchasing products or permits, or entering any trails managed by 3Rivers Trails NPC (“3Rivers Trails”, “we”, “our” or “us”), you agree to be bound by these Terms & Conditions.

If you do not agree with these Terms, please do not use our website or facilities.


1. About 3Rivers Trails

3Rivers Trails NPC manages recreational mountain biking, trail running and hiking trails across privately owned land, including but not limited to land owned by MTO Forestry, Crossways Farm Village and other participating landowners.

Access is granted by permission only and may be withdrawn at any time.


2. Trail Access

Entry is only permitted with a valid permit.

Permits are non-transferable unless otherwise stated.

Access hours are currently:

* 06:00 – 16:00 daily

3Rivers Trails reserves the right to:

* Close trails without notice
* Restrict access due to fire danger
* Restrict access during forestry operations
* Close trails because of weather conditions
* Refuse entry to any person

No refunds will be given where closures occur for safety reasons beyond our control.


3. Trail Rules & Regulations

All visitors must comply with the following rules.

General Rules

Visitors must:

* Stay on marked trails.
* Respect all trail signage.
* Follow instructions from staff or marshals.
* Ride or hike only during permitted hours.
* Carry sufficient water.
* Respect wildlife and farm operations.
* Yield where required.


Strictly Prohibited

The following are prohibited:

* Smoking.
* Lighting fires.
* Littering.
* Hunting.
* Feeding wildlife.
* Damaging vegetation.
* Damaging fences or infrastructure.
* Entering closed trails.
* Riding without a helmet.
* Bringing dogs unless expressly authorised.
* Removing trail markers.
* Operating drones without written permission.


Mountain Biking

Mountain bikers must:

* Wear an approved helmet.
* Ensure their bicycle is mechanically safe.
* Ride within their abilities.
* Yield where indicated.
* Control speed around blind corners.
* Not skid or intentionally damage trails.

“No Helmet, No Ride” applies at all times.


Trail Running & Hiking

Participants must:

* Wear suitable footwear.
* Carry adequate hydration.
* Respect cyclists where required.
* Avoid disturbing wildlife.
* Remain on designated routes.


4. Assumption of Risk

Visitors acknowledge that outdoor recreation involves inherent risks, including but not limited to:

* Falls
* Uneven terrain
* Wildlife
* Livestock
* Forestry operations
* Harvesting equipment
* Fire
* Extreme weather
* Flooding
* Falling trees or branches
* Mechanical failures
* Medical emergencies

Participation is entirely voluntary and at the participant’s own risk.


5. Indemnity

By entering the trails, each participant agrees that:

They voluntarily assume all risks associated with entering or using any trail managed by 3Rivers Trails.

To the fullest extent permitted by South African law, they indemnify and hold harmless:

* 3Rivers Trails NPC
* MTO Forestry
* Crossways Farm Village
* All participating landowners
* Directors
* Employees
* Contractors
* Volunteers
* Sponsors
* Event organisers
* Marshals
* Shareholders
* Agents

against all claims arising from:

* Injury
* Illness
* Disability
* Death
* Property damage
* Theft
* Loss of income
* Consequential damages

whether arising through negligence or otherwise, except where liability cannot legally be excluded.


6. Medical Emergencies

Participants confirm they are medically fit to participate.

Should emergency medical treatment become necessary, 3Rivers Trails may arrange assistance.

All medical expenses remain the responsibility of the participant.


7. Minors

Parents or legal guardians accept these Terms on behalf of any minor.

The supervising adult accepts full responsibility for:

* The safety of the minor
* Supervision of the minor
* Any damage caused by the minor
* Compliance with these Terms


8. Damage to Property

Participants remain liable for any damage caused by themselves or persons under their supervision to:

* Trails
* Bridges
* Infrastructure
* Gates
* Buildings
* Vehicles
* Forestry equipment
* Farm property


9. Photography & Marketing

Visitors consent to photographs and video footage taken at the trails being used for:

* Marketing
* Social media
* Advertising
* Website content
* Printed material

If a participant wishes to opt out, written notice must be provided before entering the trails.


10. Communications

By purchasing permits or products, visitors agree that 3Rivers Trails may communicate regarding:

* Trail closures
* Safety alerts
* Events
* Permit renewals
* Order updates
* Newsletters

Participants may unsubscribe from marketing communications at any time.


11. Online Permit Purchases

Permit purchases are processed through our website.

Permits become valid only once payment has been successfully received.

3Rivers Trails may cancel permits where:

* Payment fails
* Fraud is suspected
* Incorrect pricing is displayed
* Access must be restricted for safety


12. Merchandise & Clothing Sales

The website may sell:

* Clothing
* Merchandise
* Accessories
* Cycling products
* Outdoor equipment
* Gift items


Product Information

We make every effort to accurately describe products.

Actual colours may vary due to monitor settings.

Minor manufacturing variations do not constitute defects.


Pricing

All prices are shown in South African Rand (ZAR).

Prices include VAT where applicable.

Prices may change without notice.


Stock Availability

Products remain subject to availability.

If stock is unavailable after purchase, we may:

* Issue a refund
* Offer a replacement
* Delay shipment with customer approval


Shipping

Delivery times are estimates only.

3Rivers Trails is not liable for courier delays beyond its control.

Risk passes to the customer upon delivery.


Returns

Returns are governed by the South African Consumer Protection Act.

Unused merchandise may generally be returned within the applicable statutory period provided:

* Original packaging is intact.
* The item is unworn.
* Proof of purchase is provided.

Items that have been worn, washed, customised or damaged through misuse may not qualify for return.


Defective Products

Defective products will be handled in accordance with the Consumer Protection Act.

Where applicable, products may be:

* Repaired
* Replaced
* Refunded

at our discretion and as required by law.


13. Intellectual Property

All website content including:

* Logos
* Trail maps
* Photographs
* Videos
* Graphics
* Text
* Route information

remain the property of 3Rivers Trails NPC unless otherwise stated.

No content may be copied without written permission.


14. Privacy (POPIA)

3Rivers Trails processes personal information in accordance with the Protection of Personal Information Act (POPIA).

Information collected may include:

* Name
* Email address
* Phone number
* Emergency contact details
* Vehicle registration
* Purchase history
* Payment information (processed securely by third-party payment providers)

Personal information is used only for:

* Managing permits
* Trail safety
* Customer support
* Order fulfilment
* Legal compliance
* Marketing (where consent has been given)

Personal information will not be sold to third parties.


15. Limitation of Liability

To the maximum extent permitted by law, 3Rivers Trails shall not be liable for:

* Personal injury
* Death
* Theft
* Vehicle damage
* Equipment damage
* Lost profits
* Indirect damages
* Consequential damages

Nothing in these Terms excludes liability where exclusion is prohibited by South African law.


16. Force Majeure

3Rivers Trails shall not be liable for failure to perform obligations arising from events beyond its reasonable control, including:

* Fire
* Flood
* Extreme weather
* Forestry operations
* Government restrictions
* Pandemics
* Power failures
* Internet outages


17. Governing Law

These Terms are governed by the laws of the Republic of South Africa.

Any dispute shall be subject to the jurisdiction of the South African courts.


18. Amendments

3Rivers Trails may amend these Terms at any time.

The latest version will always be available on this website.

Continued use of the website or trails constitutes acceptance of the updated Terms.