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 2.2 there is an acknowledgment by you regarding the risks associated with the participation by the Pupil in the Activity and confirmation that you wish to allow the Pupil to proceed to participate in the Activity, the effect of which is that you make an acknowledgment of fact;
- In terms of clause 2.3 there is a waiver and abandonment of any Claim personal to you 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 or the Claim of any other parent or legal guardian of the Pupil, 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; and
- In terms of clause 2.5 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, the effect of which is that you may be liable to Generation for payment of certain costs and expenses.
1. For purposes of this consent, indemnity and waiver:
1.1. “Activity” means the Pupil’s participation in the bus services provided by the school;
1.2. “Claim” means any claim against Generation, for loss, damage (whether direct, indirect, consequential or otherwise), cost or expense arising, directly or indirectly, as a result of, or in respect of:
1.2.1. the participation of the Pupil in the Activity; or
1.2.2. 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 or howsoever arising;
1.3. “Generation” means Generation Education (Pty) Ltd (Registration Number: 2014/263894/07) (“Generation”) and its holding companies, subsidiaries, related or inter-related parties, officers, directors, employees, agents and associates;
1.4. “Pupil” means __________________________ (Identity Number______________); and
1.5. “School” means the school run by Generation under the name “Generation”.
2. 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:
2.1. consent to the participation of the Pupil in the Activity;
2.2. fully understand and accept the risks associated with the participation by the Pupil in the Activity and wish to allow the Pupil to proceed to participate in the Activity having carefully considered and accepted these risks;
2.3. to the maximum extent permitted in law, waive and abandon any Claim personal to me/us 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 or the Claim of any other parent or legal guardian of the Pupil;
2.4. undertake to make payment of any Claim within 7 (Seven) days of written demand from Generation;
2.5. 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.
3. The provisions of this consent, indemnity and waiver shall be binding on my/our estate(s) and the estate of the Pupil.
4. 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.
5. 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.
6. 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.
7. 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.