BEACH SIDE INDEMNITY
TERMS AND CONDITIONS
I hereby indemnify, absolve, exempt and release B Read t/a Xpression on the Beach – Durban and all their members, all employees, all contractors, all consultants, all sponsors, brand partners and their members and agents or any school (here after in these terms and conditions below the company will be referred to as Xpression Durban against and from liability for injuries, damages, loss or death arising from or in connection with my participation in , use of any equipment, traveling to or from, or presence at Xpression Durban pertaining to the sports of cycling, karting, skating, bodyboarding, surfing and stand up paddleboarding. I waive any and all claims whatsoever which I may have arising there from or in connection therewith.
I hereby acknowledge that I have read and understood this indemnity and that I have entered into this indemnity freely, voluntarily and of my own volition. I furthermore acknowledge that all information contained in this indemnity is both true and correct.
- I am over 18 years old and possess full legal capacity to sign this indemnity; or I am not yet 18 years old and as such I have not reached the age of majority. In light thereof, I am assisted by one of my parents / legal guardian who has signed this indemnity on my behalf, therefore providing me with the necessary consent to partake in the various activities, as specified hereinabove. Moreover, my parent / legal guardian confirms the accuracy of this form and considers it to be binding on themselves. This indemnity applies also in respect of any injury to such minor children.
- I hereby confirm that I am not suffering from any disease and/ or temporary/ permanent physical impairment or any mental disease that may have an effect on my ability to participate safely in the activities mentioned hereinabove. If in the event I do have a disease and/ or temporary/ permanent physical impairment or any mental disease I will disclose this information Xpression Durban.
- I hereby undertake not to consume any alcohol and/ or harmful substances prior to and/ or during the activities, as specified hereinabove.
- I am aware that the activities specified of cycling, karting, skating, bodyboarding, surfing and stand up paddleboarding may be both dangerous and hazardous, and that by participating in the said activities, it may result in serious injury or death. I further acknowledge that whilst Xpression Durban takes every precaution to ensure the reasonable safety of its participants, I must exercise reasonable caution when I participate in any of the activities specified hereinabove. I furthermore acknowledge that I have made adequate enquiries and I am satisfied with the arrangements, safety precautions and facilities that are available.
- I hereby acknowledge that Xpression Durban, their instructors and their team are exempt from accepting any liability and/ or responsibility for any injury and/ or damage caused whatsoever and/ or loss and/ or death arising from any negligence or any other cause suffered by myself, arising out of my participation in any of the activities specified hereinabove.
- I hereby absolve, indemnify and hold harmless, Xpression Durban, from any and all liability and/ or damages and/ or death arising out of any incident and/ or accident which may take place whilst I am participating in any of the activities specified hereinabove.
- I hereby authorize and give full permission to Xpression Durban, their sponsors and brand partners to utilize and make use of any photographs, moving pictures, visuals and/ or internet imagery captured of me whilst partaking in any event and/ or lesson, and I furthermore acknowledge that I shall not be entitled to receive any payment and or remuneration thereof.
- I agree to receive newsletters and/ or promotional materials from Xpression Durban.
- I hereby acknowledge that I will be held liable for any damage to or loss of any equipment to bicycles, karts, skateboards, bodyboards, stand up paddleboards, paddles, surfboards, and/ or wetsuits whilst in my possession and/ or use. In light thereof, I acknowledge further that I will be held liable for the repair or replacement of said damaged or lost equipment as stated above and will moreover compensate Xpression Durban for such damage and/ or loss of equipment according to the repair, damage and theft policy schedule.
- I acknowledge that all floors in the shop are slippery when wet, and therefore I hereby absolve, indemnify and hold harmless Xpression Durban from any and all liability and/ or damages and/ or loss arising out of any accident or incident arising out of the wet floors.
- I hereby acknowledge that Xpression Durban expressly reserves their right of admission.
- I hereby acknowledge that if I do not complete this form, I will not be allowed to rent equipment or attend any lessons and or partake in any other activity with Xpression Durban.
- I undertake to pay all fees due, owing and payable to Xpression Durban, in advance and without deduction or set-off. In addition to the afore going, I acknowledge that any fees paid to Xpression Durban are not refundable for any reason whatsoever.
- 14. I acknowledge that if a lesson or equipment rental has commenced and a duration of 15 minutes or more has passed, Xpression Durban reserves the right not to process a refund or reschedule the lesson.
- This indemnity is the entire agreement between Xpression Durban, and I concerning the subject matter hereof, and no alteration to the terms or any subsequent agreement shall be of any force and effect unless reduced to writing and signed by both parties.