Club Terms and Conditions

ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT

BY SIGNING THIS DOCUMENT, I HEREBY WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE Elgin Grabouw Sports Club / Grabouw Elgin Country Club (the “Club”).

I hereby acknowledge that I am older than 18 years, that I have full capacity to contract and / or that I am the parent or legal guardian of the minor / s, below and I, named above (referred to as “I” or “me”) desires to participate in events / activities on the grounds of the Elgin Grabouw Country club (the “Activity”). As lawful consideration for the intangible value that I will gain by participating in the Activity, I agree to all the terms and conditions set forth in this agreement (the “Agreement”).

I hereby irrevocably release the Club and its directors, officers, employees, volunteers, sponsors, agents, and insurers (collectively, the “Released Parties”) from any OR all claims and unconditionally agree for myself, my estate, representatives, spouse, heirs, next-of-kin, insurers, successors, and assigns, as follows:

1.         ASSUMPTION OF RISK. My choice to participate in the Activity is knowing, voluntary, and made for my personal benefit. I UNDERSTAND THAT PARTICIPATION IN THE ACTIVITY INVOLVES INHERENT RISKS AND DANGERS, INCLUDING BUT NOT LIMITED TO THE FOLLOWING – SPRAINS, STRAIN, FRACTURES, BURNS, CUTS AND TEARS, HEAT AND COLD INJURIES, DROWNING AND NEAR-DROWNING, ACCIDENTS AND OR INJURIES INVOLVING VEHICLES, ANIMALS, INSECTS, BUGS OR SNAKES, CONTACT WITH POISONOUS PLANTS, ACCIDENTS OR INJURY INVOLVING, BUT NOT LIMITED TO FALLING, SLIPPING, SLIDING, RUNNING, HEART ATTACK, POTENTIAL FOR PERMANENT PARALYSIS AND/OR DEATH, ILLNESS, AND OTHER RISKS ASSOCIATED CREATED BY OTHER USERS OF THE ACTIVITY OR PREMISES FORESEEABLE AT THIS TIME.

These risks and dangers may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others, or the condition of the facilities, equipment, or automobiles. I understand and have considered the risks involved, and I voluntarily and freely choose to assume these risks.

2.         RELEASE FROM LIABILITY. I FULLY AND FOREVER RELEASE AND DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL INJURIES (INCLUDING DEATH), LOSSES, DAMAGES, CLAIMS (INCLUDING NEGLIGENCE CLAIMS), DEMANDS, LAWSUITS, EXPENSES, AND ANY OTHER LIABILITY OF ANY KIND, OF OR TO ME, MY PROPERTY, OR ANY OTHER PERSON, DIRECTLY OR INDIRECTLY ARISING OUT OF, CONCERNING, OR RELATING TO MY PARTICIPATION IN THE ACTIVITY, EVEN IF IT IS DUE TO THE NEGLIGENCE, OMISSION, OR OTHER FAULT OF THE RELEASED PARTIES.

THIS AGREEMENT RELEASES AND WAIVES ALL CLAIMS THAT I MAY HAVE BASED ON THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW ARISING FROM OR RELATED TO MY PRESENCE, OBSERVATION, OR PARTICIPATION THE ACTIVITY, AND/OR THE PRESENCE, OBSERVATION, OR PARTICIPATION OF ANY FAMILY MEMBER, DEPENDENT, OR GUEST (INCLUDING MINORS) ACCOMPANYING ME DURING THE ACTIVITY.

3.         INDEMNIFICATION. I WILL DEFEND, INDEMNIFY, HOLD HARMLESS, AND REIMBURSE THE RELEASED PARTIES FROM AND FOR ALL DAMAGES, LOSSES, COSTS, OR EXPENSES (INCLUDING LEGAL FEES), INCURRED BY THE RELEASED PARTIES OR PAID BY THEM TO ANY PERSON (INCLUDING ME OR MY INSURERS), IN RESPECT OF ANY ACCIDENT, INJURY (INCLUDING DEATH), LOSS, OR PROPERTY DAMAGE, HOWEVER CAUSED, RESULTING FROM MY PARTICIPATION IN THE ACTIVITY. I WILL REIMBURSE THE RELEASED PARTIES IF ANYONE MAKES A CLAIM AGAINST THE RELEASED PARTIES IN CONNECTION WITH MY PARTICIPATION IN THE ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY ACCIDENT I MAY BE INVOLVED IN OR ANY INJURY, LOSS, DAMAGE TO ME, OTHER PARTIES, OR PROPERTY, HOWEVER CAUSED.

4.  CONSENT: I consent to administration of first aid and other medical treatment and transportation in the event of any injury or illness and hereby release and indemnity Releasees from any and all liability or claims arising out of such treatment.

5.        POSTPONEMENT The activities may be postponed, cancelled or be modified due weather conditions, Acts of God or other factors beyond the control of any Release. There is no refund granted.

6.        ACKNOWLEGDEMENT I acknowledge and verify that I may be dismissed from participation without refund, if I endanger the safety or negatively affect the Activities, a person, a facility or property of any type or kind.

7.         INTEGRATION. This Agreement constitutes the sole and entire agreement of the Released Parties and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, written and oral, with respect to such subject matter.

8.         SEVERABILITY. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

9.         CHOICE OF LAW AND FORUM. This Agreement is binding on and shall inure to the benefit of the Released Parties, me, and our respective successors and assigns. All matters arising out of, concerning, or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the Republic of South Africa without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising out of, concerning, or relating to this Agreement may be brought only in the PROVINCIAL courts located in the WESTERN CAPE, and I hereby consent to the exclusive jurisdiction of such courts.

MINORS: IF UNDER 18 SIGNATURES OF PARENT OF GUARDIAN REQUIRED

I, the undersigned hereby certify, warrant and represent that I am legal parent or guardian of the following minor(s) and that informing myself regarding the nature and risks of the activities, I give my permission for the minor(s) to participate in the same a signature below, I fully ratify, accept and agree to all the terms and conditions of the above agreement for both individually, on behalf of minor(s) and as a legal parent or guardian of the minor(s)