1. For myself and for the Learner, the undersigned agrees and understands that extramural programs may at times include hazardous activities which may result in injury to my child during participation; agents or representatives of the organization presenting such tuition shall not be expected to eliminate the risks inherent in these activities. I hereby assume all risks in connection with Learner’s participation in such activities, including but not limited to personal injury and death, and hereby completely release the organization, its owners, representatives, coaches, affiliates, officers, directors, volunteers, and employees from any liability for any injuries, death or damages and from any claim or legal action by me, any other parent or guardian of the Learner; the Learner, anyone on behalf of the Learner, and by the Learner’s estate, heirs and assigns arising in any way from Learner’s participation, including any claim based on negligence.
2. In addition, the parent/guardian signing below represents to the organization that he or she has the authority to enter into this contract on behalf of said minor Learner and on behalf of any other parent or guardian of said minor Learner and agrees to defend and indemnify and hold harmless the organization and its representatives from any and all claims arising from the Gymnast’s participation in Flexinastix and/or gymnastics or from this contract, brought on behalf of said minor Learner or any other parent/guardian thereof, even after the minor Learner attained majority, or from third parties injured by the minor Learner, and hold the organization, their representatives, agents, affiliates, officers, directors, coaches, volunteers, and employees harmless from any such claim, legal action, harm, injury, damages or loss to person and/or property.
3. The undersigned further authorises anyone working at the organization to call for such medical care for the Learner or to transport the Learner to the appropriate clinic or hospital if, in the opinion of the coach, teacher, or the designated staff member on duty at the time at the organization, medical attention is needed for the Learner. The undersigned agrees that upon turning the Learner over to the undersigned or the undersigned’s designee or to any ambulance or other medical transport, medical facility, clinic, or hospital, the responsibility of the School shall be totally fulfilled and the organization shall not have any further responsibility for the Learner. The undersigned agrees to pay all costs associated with such medical care and related transportation for the Learner and to indemnify and hold the organization, their representatives, agents, affiliates, directors, coaches, volunteers, and employees harmless from any costs incurred therein, or any claims arising therefrom.
4. In exchange for, and in consideration of the Organization making instruction available to the Learner, I contractually agree that any and all disputes between myself and the organization arising from the Learner’s participation in the programs presented, and including any claims for personal injury and/or death, will be governed by the laws of South Africa and the exclusive jurisdiction thereof will be in the state or federal courts of South Africa.
5. I have carefully read the foregoing Parental Release of Liability and Indemnity Agreement and understand its contents, including the jurisdictional agreement. I acknowledge and understand this is a complete release and indemnity agreement, that it covers any and all claims by the Learner, me, or anyone else on the Learner’s behalf for any reason, including negligence, and that I am contractually agreeing to these terms freely, fully and without reservation in exchange for the right to have the Learner participate in the extramural programs offered.
6. If any part of this agreement is deemed unenforceable, the remainder shall be an enforceable contract between the parties. I am aware that this contract is legally binding and that I am releasing legal rights by signing it.