1. ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNIFICATION AGREEMENT

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• The Client freely chooses to participate in the Nu Ag Academy programmes, Plans and sessions.

• The Client fully understands the nature of the sport they wish to participate in and they recognize that participation in such sport involves the risk of serious injury, and potentially even the loss of limb or life. Some of the risks are predictable in nature, but unanticipated consequences are also possible.

• The Client also understands that their participation may require them to travel to practices or competitions away from the Nu Ag Academy training base in a personal or rented vehicle. Knowing all of this, the client wishes to participate in Nu Ag Academy Programmes and accept the risks and assume the responsibility for their participation.

• The Client understands that the inherent risks of the Club Sports recreational/competitive sports activities, including conditioning and training for competition, vary with the activity, the muscle group involved, and with the equipment used.

• Common minor risks include, but are not limited to, property damage, minor muscle strains, muscle sprains, muscular fatigue, cuts, bruising, being struck by moving objects or fellow players, and post-exercise soreness. More serious risks include, but are not limited to, joint injuries, torn muscles, heat-related illnesses, eye injuries, broken bones, and back injuries. There is also the more remote risk of a catastrophic incident, for example, stroke, heart attack, paralysis, or death. I understand the types of injuries that may occur as a result of participating in Nu Ag Academy Programmes.

• The Client hereby asserts that their participation in Nu Ag Academy Programmes is voluntary and that they knowingly assume all inherent risks of the activity.

• In consideration of permission to voluntarily participate in Nu Ag Academy Programmes, the Client hereby releases, waives, and discharges Nu Ag Academy, its Board of Governors, officers, employees, volunteers, independent contractors, and agents from liability from any and all claims arising from the ordinary negligence of Nu Ag Academy, its employees, and agents.

• This agreement applies to: (i) personal injury (including death) from incidents or illnesses arising from participation in Nu Ag Academy Programmes, activities (including but not limited to, organized training activities, fitness tests, competitions or tournaments, observation, use of facilities or equipment, shower/locker room area, and travel to and from program related activities); and (ii) any and all claims resulting from the damage to, loss of, or theft of property.

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2. INDEMNIFICATION

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• The Client agrees to hold harmless, defend, and indemnify Nu Ag Academy (that is, defend and pay any judgment and costs, including investigation costs and attorney’s fees) from any and all claims of the client, their spouse, heirs, personal representatives, or assigns arising from the clients injury or loss due to their participation in Nu Ag Academy Programmes.

• The Client further agrees to hold harmless, defend, and indemnify Nu Ag Academy (that is, defend and pay any judgment and costs, including investigation costs and attorney’s fees) against any and all claims of co-participants, rescuers, and others arising from the clients conduct in the course of their participation in WSU Club Sports.

• The Client covenants not to sue Nu Ag Academy, its Board of Governors, directors, officers, employees, volunteers, independent contractors, or agents for any present or future claim they might have. This includes claims resulting from: (i) the inherent risks of physical conditioning, training, and participating in Club Sports activities; and (ii) the ordinary negligence of Nu Ag Academy, its employees, and its agents.

 

3. ASSERTIONS, AUTHORIZATIONS, AND AFFIRMATIONS:

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• Health Status:

  • The Client asserts that they possess sufficient physical fitness and skill to enable safe participation in the program.

  • Do not have any medical problems that would contra-indicate participation in the program.

  • Are covered by a 24-hour health and accident insurance policy.

• Emergency Care:

  • The Client authorizes or agrees to allow Nu Ag Academy, its employees, or agents to administer emergency first aid and CPR.

  • To secure emergency medical care or transportation when deemed necessary by Nu Ag Academy, its employees, or agents.

  • To assume all costs of emergency medical care and transportation.

• Travel:

  • In the event that the Client uses their personal vehicle to travel to or from a Club Sports related event, the Client asserts that they have a current and valid driver’s license that has not been suspended or revoked.

  • Carry at least the minimum automobile insurance as required by law in South Africa.

  • Will always abide by all applicable traffic laws and regulations.

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4. GENERAL

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• If any of the above assertions, authorizations, and affirmations cease to be true during the course of the Nu Ag Academy season, the Client will immediately inform Nu Ag Academy and will immediately discontinue their participation in any and all Nu Ag activities.

• The Client affirms that this agreement supersedes any and all previous oral or written promises or agreements.

• The Client understands that this is the entire agreement between them and Nu Ag Academy and cannot be modified or changed in any way by representations or statements by any agent or employee of Nu Ag Academy.

• This agreement may only be amended by a written document signed by all parties.

• The Client further expressly agrees that the foregoing Assumption of Risk, Waiver of Liability, and Indemnification is intended to be as broad and inclusive as is permitted by the laws of South Africa and that if any portion of this agreement is held invalid, it is agreed that the remaining portions of the agreement shall continue in full legal force and effect.

 

5. ACKNOWLEDGMENT OF UNDERSTANDING:

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• The Client is 18 years or older and has read all pages of this Assumption of Risk, Waiver of Liability, and Indemnification Agreement and fully understand its terms.

• In the event that the client is younger than 18 years of age, the Guardian consents to have read all pages of this agreement.

• The Client understands that they are giving up substantial rights, including their right to sue.

• The Client further acknowledges that they are consenting to the agreement freely and voluntarily, and intend their consent to be a complete and unconditional release of all liability due to ordinary negligence by Nu Ag Academy, its employees, or agents or the inherent risks of the activity, to the greatest extent allowed by law in South Africa.

 

6. OTHER :

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• The Guardian grants permission to Nu Ag Academy to utilise photographs of the child obtained at any of the sporting activities on social media as well as in any advertising material that Nu Ag Academy utilises in order to promote its brand; provided that same shall relate solely and exclusively to the specific sporting activity/coaching programme in which the child has participated.