Generation Schools Imhoff Bus Service Registration

Pupil's Details

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Parent/Guardian 1 Details

Parent/Guardian 2 Details

CONSENT, INDEMNITY AND WAIVER

The following provisions are drawn to your attention if the Consumer Protection Act 68 of 2008 (“the CPA”) applies to this Consent, Indemnity and Waiver:

 

  • In terms of clause 2.3 there is an acknowledgment by you regarding the risks associated with the participation by the Pupil in the Activities and confirmation that you wish to allow the Pupil to proceed to participate in the Activities, the effect of which is that you make an acknowledgement of fact;
  • In terms of clause 4 there is an acknowledgment by you regarding the risks associated with the participation by the Pupil in the Generation Swimming Academy and confirmation that you wish to allow the Pupil to proceed to participate in the Generation Swimming Academy, the effect of which is that you make an acknowledgment of fact;
  • In terms of clause 5 there is an acknowledgment by you that you make use of the Facilities and participate in any Activities at your own risk, the effect of which is that all risk relating to your use of the Facilities and participation in any Activities is born by yourself;
  • In terms of clause 6 there is a waiver and abandonment of any Claim personal to you against Generation and a waiver and abandonment of any Claim of the Pupil against Generation and an indemnity in favour of Generation from and against any liability in respect of any Claim of the Pupil, any Claim of any other parent or legal guardian of the Pupil and any Claim of any Third Parties against Generation, the effect of which is that you and the Pupil may have limited or no recourse against Generation or may be liable to Generation in the circumstances referred to above;
  • In terms of clause 8 there is an indemnity in favour of Generation from and against any and all costs and expenses (including legal costs on the scale as between attorney and own client) sustained or incurred by Generation in connection with any Claim against Generation, the effect of which is that you may be liable to Generation for payment of certain costs and expenses;
  • In terms of clause 9 there is a waiver and abandonment of any Claim personal to you against WCED or any Facilities Owner and a waiver and abandonment of any Claim of the Pupil against WCED or any Facilities Owner, the effect of which is that you and the Pupil may have limited or no recourse against WCED or any Facilities Owner.

 

  1. For purposes of this consent, indemnity and waiver:

 

  • “Activities” means:
    • the use of the Facilities; and/or
    • the use of any bus or other transport service organised by the School or organised for any Activity; and/or
    • the Pupil’s participation in the Generation Swimming Academy; and/or
    • participation in activities, events, functions or programmes:
      • organised by the School from time to time, both on and off the School’s grounds; and/or
      • taking place on the School’s grounds or using the School’s Facilities, both organised by Generation or any other party,

whether taking place during or after school hours, including but not limited to, all School activities, athletics, extra-mural activities, games, sporting activities, tours, excursions, outings, concerts, walkathons and parties and “Activity” means any of the Activities, as the context may require;

 

  • “Claim” means any claim for loss, damage (whether direct, indirect, consequential or otherwise), cost or expense arising, directly or indirectly, as a result of, or in respect of:
    • participation in any Activity; and/or
    • the person in charge acting “in loco parentis” whilst the Pupil attends the School or participates in any of the Activities; and/or
    • any other act or omission of Generation (whether negligent or otherwise),

and whether as a result of any injury, illness, harm, death, damage to property or damages of whatsoever nature and howsoever arising;

 

  • “Facilities” means any grounds, buildings, facilities and/or equipment, including but not limited to jungle-gyms, pools, classrooms and sports equipment:
    • owned by the School and/or Generation; and/or
    • located on the School’s grounds; and/or
    • used during or for any Activities (including any Facilities owned by any third party and/or any Facilities located off the School’s grounds);

 

  • “Generation” means Generation Education (Pty) Ltd (Registration Number: 2014/263894/07) and its holding companies, subsidiaries, related or inter-related parties, officers, directors, employees, agents, associates, volunteers and any bus or other transport company or service used by the School;

 

  • “Pupil” means __________________________ (Identity Number: _____________________;

 

  • “School” means the school run by Generation under the name “Generation”;

 

  • “Third Parties” means every person having access to or using the Facilities by arrangement with, or at the invitation of, any of the signatories hereto, including, for the avoidance of doubt, the parent(s) or legal guardian(s) of any Third Party who is a minor and “Third Party” shall mean any one of them.

 

  1. I/We, the undersigned, both in my/our personal capacity(ies) and in our capacity(ies) as the parent(s) or legal guardian(s) of the Pupil, hereby:

 

  • consent to the participation of the Pupil in the Activities;

 

  • consent to the person in charge acting “in loco parentis” whilst the Pupil attends the School and/or participates in any of the Activities;

 

  • record that I/we, to the maximum extent reasonably possible:
    • acknowledge that there may be risks associated with the participation by the Pupil in the Activities or activities similar in nature thereto from time to time; and
    • have carefully considered and investigated the risks associated with the participation by the Pupil in the Activities and wish to allow the Pupil to proceed to participate in the Activities;

 

  • fully understand and accept the risks associated with the participation by the Pupil in the Generation Swimming Academy and wish to allow the Pupil to proceed to participate in the Generation Swimming Academy having carefully considered and accepted these risks;

 

  • make use of the Facilities and participate in any Activities at my own risk;

 

  • to the maximum extent permitted in law, waive and abandon any Claim personal to me/us against Generation and/or waive and abandon any Claim of the Pupil (as the case may be) against Generation and indemnify Generation and hold it harmless from and against any liability in respect of any Claim of the Pupil, any Claim of any other parent or legal guardian of the Pupil and any Claim of any Third Parties against Generation;

 

  • undertake to make payment of any Claim against Generation within 7 (Seven) days of written demand from Generation;

 

  • indemnify Generation and hold it harmless from and against any and all costs and expenses (including legal costs on the scale as between attorney and own client) sustained or incurred by Generation in connection with any Claim against Generation; and

 

  • to the maximum extent permitted in law, waive and abandon any Claim personal to me/us against the Western Cape Education Department (“WCED”) and/or the owner of any Facilities used during or for any Activities (“Facilities Owner”) and/or waive and abandon any Claim of the Pupil (as the case may be) against WCED and/or any Facilities Owner. The provisions of this clause 9 shall be for the benefit of WCED and any Facilities Owner and shall be deemed to have been imposed as a stipulatio alteri for the benefit of WCED and any Facilities Owner and such benefit may be accepted by WCED and any Facilities Owner at any time.

 

  1. The provisions of this consent, indemnity and waiver shall be binding on my/our estate(s) and the estate of the Pupil.

 

  1. No term or condition of this consent, indemnity and waiver is intended to breach any peremptory provisions of the CPA and any regulations promulgated thereunder (“Prohibited Provision”). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 5 mutatis mutandis.

 

  1. Each provision of this consent, indemnity and waiver shall be considered severable and if, for any reason, any such provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation (including, without limitation, the CPA or any regulations promulgated thereunder) or in terms of a final, binding judgment issued by any court, it shall not impair the operation of, or have any effect upon such other portions of this consent, indemnity and waiver as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.

 

  1. No alteration, cancellation, variation of, or addition hereto shall be of any force or effect unless reduced to writing and signed by all the parties to this consent, indemnity and waiver or their duly authorised representatives.

 

  1. No indulgence, leniency or extension of time granted by a party shall constitute a waiver of any of that party’s rights under this consent, indemnity and waiver and, accordingly, that party shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against any other party which may have arisen in the past or which might arise in the future.

 

  1. Either party may terminate Activities with a term’s written notice however the institution reserves the right to cancel Activities should any of the Institution’s policies and / or charters be contravened.
Where only one Parent/Guardian’s details appear, only such Parent/Guardian’s consent is required.