AND WHEREAS the Parties have agreed that PowerEd will act as coach and supervisor in the physical activities as envisaged by the Parties, including but not limited to teaching of fundamental movement skills that will help children improve their fitness, move better and more efficiently and have greater strength (“the physical activities”).
AND WHEREAS the Guardian confirms that the Child’s participation in the physical activities is entirely voluntary and accepts all risks involved therein and that accordingly PowerEd and/or any PowerEd employee shall not be liable for any loss, damage, injury or illness of whatsoever nature and howsoever caused, suffered by the guardian (person or property) or to the Child as a result, directly or indirectly, from participating in the sporting activities and PowerEd and/or any PowerEd employee shall not be liable for any loss and/or damage (including indirect or consequential loss and/or damage) arising therefrom.
And WHEREAS the Guardian agrees to grant an indemnity to PowerEd in terms of and to the extent of the agreement as set out herein notwithstanding that every precaution will be taken for the safety and welfare of the child and for the care of his property and/or possessions.
NOW THEREFORE IT IS AGREED:
The Guardian hereby indemnifies and holds PowerEd harmless against liability for any prejudice, injury, harm, loss, damage or death that may be suffered by the Child, and/or such damages, costs and expenses that may otherwise arise or be attributable to PowerEd as a result of the Child’s participation in the physical activities referred to above which shall include an indemnity against recovery of costs resulting from damage, loss and/or medical conditions or hospitalisation as well as any loss of or damage to the Child’s property and/or possessions.
The Guardian hereby requests that the designated person employed by PowerEd in charge of the particular physical activity in which the Child is to participate, be appointed to be in charge of the Child and act “in loco parentis”(in the place and instead of a parent) during the course of the sporting activities.
This indemnity shall remain of full force and effect as between the parties for a period of 12 months from date of signature hereof in relation to all or any physical activity in which the Child shall partake in the said 12 month period, it being the parties’ express intention that it shall not be necessary for them to sign a separate indemnity in respect of each and every coaching program attended by the Child in such period.