Indemnity Agreement 1
This Indemnity Agreement is entered into by and between K2018513635 (South Africa) (Pty) Ltd trading as INSIDEedge Climbing, hereinafter referred to as "the Club", and the athlete referred to in this Registration Form, hereinafter referred to as "the Climber".
Whereas the Club and the Climber have entered into an agreement in terms whereof the Club has allowed the Climber to make use of its climbing training activities and facilities on the terms and conditions as set forth in this agreement, which parties desire to be recorded in writing.
The Climber understands that participation in the sport of rock climbing and the use of an indoor climbing wall includes certain dangers and risks, some of which include:
Injury sustained in a fall and hitting the wall, projections (permanent or temporary in place), or the floor (including any object or objects resting on the floor);
Injuries resulting from rope management error and normal rope activity on the premises where the Climber is climbing (including abrasion, entanglement, belaying, rappelling and lowering, and rescue scenarios);
Injury due to falling climbers or objects;
Cuts and abrasions resulting from bodily contact with the climbing wall;
Failure of harnesses, ropes, slings, carabiners or any other hardware or part of the climbing systems and structures.
The Climber further acknowledges that the previous list is not inclusive of all possible risks associated with rock climbing or the use of the indoor climbing facility, and that the previous list in no way limits that extent or reach of this disclaimer.
The ability of the Climber to climb with the Club in an indoor facility gives no indication of his/her ability to climb on natural rock in the outdoor environment.
THEREFORE IT IS AGREED UPON AS FOLLOWS:
1. WAIVER
The Climber acknowledges the activity in which he/she participates by its very nature carries inherent risks which could cause him/her to sustain bodily injury and/or suffer damages, and waives any claim so arising against the Club or its members, employees or any third party.
2. DISCLAIMER
The Climber makes use of the Clubs’ facilities and coaching programs at entirely his/her own risk and agrees that the Club will not be held liable for and/or responsible for any loss, injury, damages, death, and/or compensation of whatsoever nature and howsoever arising as a result thereof, irrespective of whether negligence exists on the part of the Club, or any member, employee, or agent, and the Climber does hereby waive, relinquish, and abandon any claim it may have against the Club as a result thereof.
3. MEDICAL FITNESS
The Climber hereby warrants that he/she is medically and psychologically fit so as to participate in activities of this nature, it not being the responsibility of the Club to have the Climber undergo any medical examination, the onus being on the Climber to do so. The Club shall not be obliged to call upon the Climber to provide a medical certificate. The Club, its members or employees or agents, shall not be liable for any claim or injury or loss or damages arising from or in connection with the agreement.
4. GENERAL
The clause headings to the agreement are for information purposes only and play no part in the interpretation of the context. Reference to the masculine gender shall include the female gender and vice versa.
Indemnity Agreement 2 (for athletes under the age of 18)
If the Climber is under the age of 18, this Indemnity Agreement 2 must be signed by the parent/legal guardian of the minor member.
This Indemnity Agreement is entered into by and between K2018513635 (South Africa) (Pty) Ltd trading as INSIDEedge Climbing, hereinafter referred to as "the Club", and the athlete referred to in this Registration Form, hereinafter referred to as "the Climber".
As parent/legal guardian of the below-mentioned minor, I do hereby agree the following:
1. I am the parent/legal guardian of the below-mentioned minor and have the necessary authority to complete and sign this contract.
2. I confirm that I have read and understood and agree to abide by the terms and conditions as stated in these Indemnity Agreements 1 and 2 entered into between the Club and the Climber.
3. I confirm that the below-mentioned minor will be participating in the Club activities with my full consent, and that I am aware of certain dangers and risks involved in rock climbing, as detailed in Indemnity Agreement 1, and that I understand and accept that my below-mentioned minor child/ward’s participation in any rock climbing training, events and/or activities is at his/her and my own risk, for which I accept all responsibility.
4. Should my below-mentioned minor child/ward be injured whilst participating in the Club activities or activities organised by or behalf of the Club, I hereby appoint and authorise the person who is co-ordinating the activity for and behalf of the Club to consent to his/her undergoing surgical or other medical treatment which in the opinion of the attending medical practitioner is necessary and should it not be reasonably possible to obtain my consent timeously. I further undertake to pay the cost of such treatment.
5. I confirm that my below-mentioned child/ward is physically and psychologically fit to participate in the activities of the Club, and that I have declared any medical conditions and/or allergies that might affect his/her health, safety or enjoyment of the Club activities.
6. I agree that my below-mentioned child/ward will abide by the rules of the Club as decided from time to time by the Club Management Committee.
7. I agree that the terms and conditions contained herein will remain binding upon me, my heirs, executors, administrators and assigns.
