Acknowledgement of Risk and Limitation of Liability

1. Service and motorcycle arrangements

I voluntarily take part in the motorcycle ride described in my booking confirmation with Cape Ride Adventures.

Click Capture Studio (Pty) Ltd (the “Organiser”) receives payment for the booked ride, including motorcycle rental, and books and pays for the motorcycle with its rental partner on my behalf. On the day of the ride, I sign the rental partner’s rental agreement and pay the security deposit it requires directly to the rental partner.

I ride the motorcycle myself. The rental partner’s identity and its requirements and terms — including rider eligibility, permitted use, insurance exclusions, damage liability, security deposit and excess — are disclosed to me with the booking proposal, before I commit to the booking.

This acknowledgement does not itself create a motorcycle rental agreement or an unlimited obligation to pay for damage. The involvement of a rental partner does not remove the Organiser’s legal responsibilities for its own service.

2. Important risk warning

Motorcycle riding may result in falls, collisions, serious injury, permanent disability, death and property damage.

Risks include left-hand traffic, other road users, animals, bends, damaged roads, gravel, sand, slippery surfaces, wind, rain, reduced visibility, mechanical failure and fatigue. Access to emergency assistance may be delayed.

I understand that accompaniment, route planning and a safety briefing cannot eliminate all these risks. Describing a risk does not excuse a failure by the Organiser to exercise the care required by law.

3. My responsibilities as a rider

I confirm that:

• I am at least 25 years old, hold a valid and appropriate motorcycle licence recognised for the intended riding in South Africa and meet the rental partner’s disclosed requirements;
• I have received the route description and have suitable experience for the motorcycle and expected terrain;
• I will wear a compliant helmet and the protective equipment specified before booking;
• I will comply with traffic laws, keep safe distances and follow reasonable safety instructions;
• I will not ride under the influence of alcohol, drugs or substances impairing my abilities;
• I will promptly report fatigue, difficulty or mechanical problems affecting safety.

I remain responsible for my speed, riding line, overtaking and riding decisions. I must not exceed my abilities to keep up with the group. I may request a break and refuse an unsafe manoeuvre.

No instruction requires me to break the law or ride unsafely. Traffic fines arising from my own offences remain my responsibility.

4. Acceptance of risk and limitation of liability

I voluntarily accept the inherent riding risks described above. To the extent permitted by law, I release Click Capture Studio (Pty) Ltd and persons acting on its behalf from claims arising solely from those inherent risks or from my own wrongful acts, where no act or omission for which those persons are legally responsible caused or contributed to the harm.

This clause is not a blanket exclusion of liability. It does not remove any mandatory participant rights or exclude liability for gross negligence, intentional misconduct or any other liability that cannot lawfully be excluded.

It does not require me to indemnify the Organiser for its own wrongdoing. Where more than one party contributed to an incident, responsibility remains subject to applicable law.

5. Insurance and personal belongings

I understand that insurance associated with the motorcycle may contain excesses, conditions and exclusions and may not cover my injuries, evacuation or repatriation. Any representation about insurance cover must be supported by the applicable policy or written confirmation from the relevant provider.

As required by the booking terms, I hold personal travel insurance covering riding a motorcycle of the planned engine size, medical expenses and repatriation, for the countries involved.

This document is not an insurance policy and does not confirm that the Organiser or participant holds any particular cover.

I am responsible for looking after and securing my belongings. The Organiser does not guarantee that they will remain free from loss or damage; its legal responsibilities remain applicable.

6. Safety, changes and interruption

The Organiser may change the route, require a stop or discontinue my riding participation on reasonable safety grounds, including dangerous conditions, unsafe riding or a material mismatch between my abilities and the planned route.

Where reasonably possible, the reasons and available alternatives will be explained to me.

Cancellation, rescheduling and refund arrangements are governed by the booking terms accepted for my reservation and applicable law. This document does not impose automatic forfeiture of payments or replace those terms.

7. Photographs

No photograph justifies a traffic offence, distraction or unsafe manoeuvre. I may refuse any photographic request that I consider unsafe.

This document does not grant permission to use identifiable photographs of me for advertising, social media promotion or other marketing. Any such permission is requested separately and is optional.

8. Relationship with the booking terms

This document supplements the booking terms and confirms the risks and responsibilities explained to me. It does not replace the agreed description of the service, payment terms, cancellation policy or refund rights.

It does not retrospectively change an earlier booking or establish that I accepted this document when making a previous payment. Any proposed change to an existing booking must be separately explained and agreed where required.

Nothing in this document represents that any licence, registration or insurance requirement has been fulfilled, or replaces such a requirement.

9. Acceptance

I receive this document before paying my deposit, with sufficient time to read it, and I may ask questions before accepting.

I accept it online by ticking the boxes provided (not pre-ticked). The date and time of my acceptance, my booking reference and the version of this document are recorded, and a copy remains available to me on this page. I confirm my acceptance again before the ride.

This document exists in English and French; both versions have the same value. If they differ, the interpretation most favourable to me prevails. I retain my rights under applicable law.