Indemnity Agreement

INDEMNITY AGREEMENT

​I/we, who submit this form, representative of all who attend any function/event organised by KIN CULTURE(the Company), with me(that includes family members, children in my care or friends) do hereby irrevocably indemnify and hold harmless: the Company against all and any actions, suits, proceedings, claims, demands, costs and expenses of whatsoever nature and howsoever incurred which may be taken or made against him or be incurred or become payable by him arising out of my/our participation in any event or function held on on any given date.

Location of event: Any event or function hosted by the Company on their premises or alternative space where a function is hosted.

ASSUMPTION OF RISKS

I/we are aware that the events involves many risks, dangers and hazards including, but not limited to:

  • Injury related to the preparation of food related to any activities thereof;
  • changing weather conditions;
  • The location of the event is outside of an urban environment in natural surroundings with exposed rock, earth,or other natural objects; trees, tree wells, tree stumps and forest deadfall;
  • That there may be snakes and other farm and wild animals present;
  • That there is a swimming pool and/or an open dam on the premises, which poses a risk of drowning or injury.

I/WE FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

  1. I/we freely and voluntarily agree to indemnify and hold the Company, and all of the officials, officers, agents and employees harmless from any liability whatsoever from any and all claims, demands, actions or causes of action for personal injury, including death, or property damage arising from or in any way connected to the special event.
  2. This Agreement shall be effective and binding upon my/our heirs, next of kin, executors, administrators, assigns and representatives, in the event of my/our death or incapacity;
  3. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the South Africa and no other jurisdiction; and
  4. Any litigation involving the parties to this Agreement shall be brought solely within the laws of South Africa and shall be within the jurisdiction of the Western Cape Division of the Regional or High Court of South Africa.
  5. In entering into this Agreement I/we are not relying upon any oral or written representations or statements made by the Company or its agents with respect to the safety of any function/event where they have been involved with the organisation thereof.

I/WE HAVE READ AND UNDERSTAND THIS AGREEMENT AND I/WE ARE AWARE THAT BY SUBMITTING THIS AGREEMENT I/WE ARE WAIVING CERTAIN LEGAL RIGHTS WHICH I/WE OR MY/OUR HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.

I/we hereby acknowledge that I/we have read, understand and agree to the terms and conditions of this document and warrant that I am/we are duly authorized to submit and give permission for and on behalf of my/our child/ren biological or in alternative care. I/we understand that my/our child/ren will be attending and participating in the activities of the special event at their own risk.

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