TERMS AND CONDITIONS

Winelands Cycle Race entry terms, conditions and indemnity

The terms contained in this document are applicable to participant (“Participant”) in the Winelands Cycle Race (“Event”).

1. Rules
• Participants may only partake in Events on a human powered vehicle approved by the The Organiser, or an E-Bike in accordance with clause 3 below.
• Participants must ride carefully and with due regard to the safety of other cyclists and other road users.
  Participants must wear a bicycle helmet with the strap securely fastened under his/her chin.
• Participant must immediately comply with the instructions of any marshal (“Marshal”) and/or a traffic officer.
• Participants must provide information requested by any Marshal immediately.
• Participants must keep as far to the left of the road surface as is safe having regard to the circumstances and conditions.
• Participants must always display his/her race number legibly and ensure it is pinned on to the back of his/her shirt and in the case of a mountain bike event attached with cable ties to the front of the bike.
• Participants must identify him/herself and give his/her address on request to a race official and to any other Person requesting such information after a collision or race incident.
• A Participant may not ride a bicycle fitted with triathlon, time trial or “Spinaci”-type bars and The Organiser reserves the right to disallow the use of any bladed wheels or other bicycle fittings in its sole and unfettered discretion (“Discretion”).
• Participants must either ride the full course or retire. If a Participant does not complete the full course, he or she must not pass the finish or timing mats at the finish line of the Event.
• Participants are required to complete the Event course within a specified allocated number of hours to be awarded a result and finishing certificate unless The Organiser determines otherwise in its sole Discretion. The Event time is calculated from the time the Participants’ group crosses the start line. Cut off times and locations of the cut-off points will be published on The Organiser’s website prior to the Event. If Participants reach a cut-off point after the specified time, they may not be permitted to continue on the route and the Participant, and his/her bicycle will be removed from the course and transported back to the finish venue.
• Participants may not use a personal music system (e.g. iPod, or a radio communication device, including a cellular phone) whilst riding, except that members of professional teams may use a radio communication device if in accordance with Union Cycliste Internationale (“UCI”) rules and regulations which can be found at www.cyclingsa.com.
• Participants must participate with an approved timing board (“Board”) and shall not participate in an event with another Participant’s board.
• Participants may not give his/her board to another person to use during an Event.
• Participants may not use foul or offensive language or make offensive, indecent or inappropriate gestures, as determined by The Organiser in its sole Discretion.
• Participants must always wear clothing appropriate for a family event, as determined by The Organiser in its sole Discretion.
• Participants may not dispose of any litter along the course except in refuse bins.
• Participants may not smoke anywhere on the route during an Event.
• Participants may not start or attempt to start before his/her designated start group. Any Participant who does so may be disqualified.
• Participants must complete the course with his/her own effort and may not receive any assistance in this regard other than drafting behind other Participants. The Organiser may in its sole Discretion allow minor assistance by pushing but not towing. Towing is only allowed in the case of special entries for disabled riders.
• Participants may not ride in reverse direction on the route, even after finishing.
• Participants may not ride the course a second time after finishing unless he/she has obtained the permission of The Organiser and complied with all requirements imposed by organiser for such permission.
• Participants must provide reasonable assistance to any other Participant involved in an accident while participating in the race.
• Participants will be responsible to other riders for the proper control of his/her bicycle.
• Elite Men, Ladies and Veteran group Participants must, in addition, comply with all applicable UCI rules and regulations which can be found at www.cyclingsa.com.
• Participants may not participate in an Event whilst under the influence of alcohol or any drug or medication that prevents or might prevent the Participant from properly controlling his/her bicycle.
• The Organiser may in its Discretion suspend or ban any person from participating in its Events for any reason. A person who has been so suspended or banned shall not be entitled to participate.
• Participants may not use performance enhancing drugs. Participants, other than a licensed rider, is not subject to anti-doping testing, except that any Participant may be tested for alcohol or drugs after an accident and the Participant consents to any such tests.
• Participants may not display on his/her bicycle, clothing and cycling equipment any writing, logo or item that is offensive or that may bring The Organiser into disrepute, as determined by The Organiser in its sole Discretion.
• A Participant who is informed by Marshal that his/her conduct is in contravention of these rules or may lead to him/her being disqualified shall immediately desist from the conduct in question.
• Any medical or emergency costs incurred on behalf of a Participant by The Organiser will be for the cost of the Participant and the Participant shall make payment thereof to The Organiser immediately on demand.

2. Finish

2.1 Participants must be in attendance of prize giving or they will forfeit their prize(s).

2.2 First over the finish line in any Event shall be the winner of the Event, provided that if there are any disputes in respect of the winner, the decision of The Organiser shall be final and binding unless otherwise agreed by The Organiser in writing.

3. E-Bikes

3.1. In these rules the term “E-Bike” means a bicycle that can be powered by electricity as well as propelled by pedals.

3.2. Should a Participant wish to compete in the event by using an E-Bike, such Participant must select the E-Bike category when completing the online entry. If the Participant failed to register in the E-Bike category, he/she will not be allowed to compete in the Event.

3.3. An E-Bike may only be used by a Participant in the event if such E-Bike adheres to ALL the following requirements:

3.3.1. it looks like a bicycle and accordingly must contain pedals which serve as the principal method of propulsion;

3.3.3. it is equipped with an auxiliary electric motor that has a maximum continuous rated power of 250W or 0.25kW;

3.3.4. the motorised assistance that only engages when the rider is pedalling, progressively reduces and finally cuts off as the vehicle reaches a speed of 25 km/h or sooner (i.e. no permanently powered bicycles);

3.3.5. it is fitted with a control mechanism that limits the maximum electric powered speed (on pedal assisted systems mode) to 25 km/h; 

3.3.6. is fitted with all the safety equipment recommended, and/or required under South African road traffic legislation, for normal pedal bicycles.

3.4. The Participant must comply with the relevant South African road traffic legislation which requires, among others, that a rider must, at all times, wear a bicycle helmet.

3.5. An E-Bike rider may not start or attempt to start the race before his/her designated start group. Any Participant who does so will be disqualified with immediate effect.

3.6. E-Bike results will be marked as such and may not be used for seeding for other cycling events.

3.7. Riders using E-Bikes will not qualify for any prize.

4. Sanction for Contravention of the Rules

4.1. The Organiser may at any time impose a sanction or penalty on any Participant if the Participant breaches any of the rules contained herein, or any reasonable instructions of a Race official.

4.2 Every participant irrevocably consents to his/her name and/or number being publicly displayed and publicised (including on the internet) in the event that he/she is disqualified, or another sanction imposed.

4.3. A rider may be disqualified summarily or another penalty (being a monetary fine up to R5000 or a time penalty) may be imposed at any time without a hearing in the sole discretion of The Organiser.

4.4. In the event that a Participant disputes a disqualification or penalty he/she may request in writing to the The Organiser within 3 days of being informed thereof. Should the The Organiser in its discretion deem the dispute to have any merit, the The Organiser shall refer the dispute to a tribunal of 3 persons appointed by the The Organiser whose decision shall be final and binding on the parties to the dispute (“Tribunal”).

4.5. The Tribunal shall be entitled to impose additional time or monetary penalties on the Participant should it be deemed to be necessary.

4.6. The Tribunal shall be entitled to accept written submissions from the parties involved in the dispute and shall determine the procedure to be followed, including whether a hearing shall be conducted on written evidence and representations only or also an oral hearing, and the nature of evidence (including hearsay) to be allowed in its Discretion.

4.7. In the event of a disqualification, the Participant shall forthwith return any prize previously awarded and comply with any sanctions imposed.

4.8. A Participant will not be entitled to legal representation at any such hearing, except with the permission of the Tribunal.

5. Refund Policy

5.1 Should an event be cancelled or delayed due to any reason or cause beyond The Organiser’s reasonable control, including, without limitation, any of the following: act of god, strikes, lock outs or other industrial action, sabotage, terrorism, civil commotion, riots, strikes, invasion, war, threat of or preparation for war, fire, explosion, storm, flood, subsidence, epidemic, wide-spread health emergency, or other natural physical disaster, interruption of electricity or water supply, any act or policy of any state or government or other authority having jurisdiction over the event, economic sanctions, boycott or embargo, the entry fees that have been paid are not refundable, unless otherwise agreed to by The Organiser in writing, in which case there will be a cancellation fee determined by The Organiser in its sole discretion.

5.2 Each Event will take place with due consideration of weather conditions and will be cancelled, re-routed or stopped should The Organiser in its sole discretion or its safety officers deem that conditions pose a risk to participant safety.

5.3 The Organiser reserves the right to refuse any person’s entry or cancel any person’s entry up to the day before the Event. In that event the person’s entry fee will be refunded.

6. Limitation of Liability and Indemnity

6.1. participants acknowledge that there is an inherent risk in taking part in a large scale cycling event, including risk of injury and/or death and agrees to proceed knowing that such a risk exists.

6.2.  participants in their personal capacity and on behalf of all other persons and/or minors on whose behalf they enter any event or in their care or under their control, hereby indemnify The Organiser and their trustees, officers, employees, affiliates, partners, agents, attorneys, representatives, successors, service providers, and permitted assigns as well as any sponsors, local authorities, organisers, or landowners,  (each hereinafter referred to as an “indemnified party”) and hold each indemnified party harmless against all and any death, injuries, losses, liabilities, claims, demands, judgements, damages, fines, suits, actions, costs, and expenses (hereinafter collectively referred to as “loss”) based upon or resulting from any claim made against any indemnified party in respect of or in connection with or arising from the participation of any event, attendance of an event, sanctions or penalties imposed, any ancillary activities in respect of an event, and/or any activities relating to an event, specifically including but not limited to consequential damages or loss suffered and including legal costs (on attorney and own client scale) incurred by the indemnified party to enforce its rights hereunder.

6.3. participants waive any claims against the indemnified parties as a result of any activities in relation to the event and accept the risks inherent in respect of an event, and the participant confirms that he/she will not hold an indemnified party liable for any loss. 

7. Personal Information

7.1 All participants expressly agree that The Organiser may collect, use and share participants’ personal information on the basis as described in the privacy policy available at www.pedalpower.org.za.

7.2 Notwithstanding anything to the contrary, The Organiser may process and share any medical information obtained from the participants in the event of an emergency and insofar as is necessary to ensure the safety of the participants and an event.

8. Severability

If one or more of these terms are found to be unenforceable, such term shall be deemed to be severable from the remainder of the terms and the remaining terms shall in all other respects remain in full force and effect.