1. PREAMBLE
1.1. Warriors offers a bridging life skills and coaching program for young people comprising of the activities, excursions, courses and workshops specified in the Warriors syllabus.
1.2.The Applicant has applied to Warriors for participation in the program to be presented in the year mentioned at the beginning of this application.
1.3. If the application is accepted, the terms and conditions embodied in this document will constitute the contract between the parties and will be binding on them.
2. COMMENCEMENT
This contract comes into operation on the date on which Warriors notifies the participant by letter or e-‐mail that the participant’s application for admission has been accepted.
3. DUTIES AND COMMITMENT OF WARRIORS
Warriors shall: -‐
3.1. Provide the participant with board and lodging for the duration of the program;
3.2. Secure the services of suitable instructors and facilitators to present the training modules and excursions included in the syllabus;
3.3. Provide transport to convey the participant to venues where activities incidental to the program take place;
3.4. Use its best endeavours to equip the participant with the life skills referred to in the syllabus and promote the personal growth, maturity and self-confidence of the participant;
3.5. Endeavor to ensure that at least eighty per cent of the program schedule is available for the participant.
4. DUTIES AND COMMITMENT OF PARTICIPANT
The participant shall: -‐
4.1. Apply and commit himself/herself diligently to acquiring the skills and knowledge offered by the training courses and program;
4.2. Co-‐operate fully with Warriors management, the other participants, instructors and facilitators at all times
4.3. Obey all reasonable instructions from staff, facilitators, instructors and team leaders;
4.4. Refrain from anything which is calculated to undermine the morale or sow dissension amongst participants, or harm the reputation of Warriors;
4.5. Engage with enthusiasm and commitment in the program and make every effort to promote an esprie de corps and team spirit among all participants;
4.6. Obey and follow all the rules of Warriors.
5. PAYMENT
The participant shall pay the program fee in the amount and in accordance with the payment plan. Overdue payments will attract interest at the prime overdraft rate as levied from time to time by ABSA Bank Limited.
6. EXTRA COSTS
The parties acknowledge the possibility that there may be extra costs including but not confined to –
6.1. Personal expenses, optional tours, extra tuition, socials, equipment, damages, special transport or additional courses and workshops;
6.2. Emergency expenses such as medical and hospital costs, ambulance or evacuation services or other unforeseen items;
In the case of optional expenses, as mentioned in 6.1 above, details will be furnished to the participant in advance and if he or she agrees to such item, the costs involved will be payable within fourteen (14) days. In the case of emergency expenses as set out in 6.2, the participant and his or her guardian irrevocably authorise Warriors to disburse the amounts required when the need arises, and these amounts will be refundable to Warriors on demand.
7. SURETYSHIP
The participant's guardian, hereby binds himself/herself as the surety and co-‐principal debtor in solidum with the participant for due and prompt payment of all amounts owing to Warriors in terms of this agreement and for purposes of this Deed of Suretyship, hereby renounces the benefits of excussion and division, debasement of accounts and any other legal exceptions which might otherwise have been available to the surety and he/she declares that he/she knows and understands the meaning and full force and effect of such benefits.
8. PROOF OF AMOUNT DUE
The amount of the indebtedness of the participant and surety to Warriors at any time, including interest, the rate of interest and the method of calculation thereof, shall be determined and conclusively proved by a certificate under the signature of any one member of Warriors Skills CC. It shall not be necessary to prove the appointment or signature of such a member. Such certificate will be valid against the participant and the surety in any competent court for purposes of obtaining summary judgment thereon.
9. PREMATURE WITHDRAWAL
Should the participant voluntarily withdraw before the end of the program he/she will remain liable for payment for the full fees for the program. The participant will, however, have the right in deserving cases to make representations to Warriors for a partial refund, and such representations will be considered on their merits. The decision of whether or not to make any refund will be in the sole and absolute discretion of the Warriors, and should they decide to do so it will be on a purely ex gratia basis.
10. EXPULSION
In addition to expulsion for the reasons set out in clause 11, should the behaviour of the participant during the program be disruptive or such as to undermine the success of the program or prejudice other participants, Warriors will discuss such problems with the participant in a counselling session. If however, this does not have the desired effect and should Warriors be of the opinion that the behaviour or demeanour of the participant is incompatible with the ideals of the program to such an extent that his or her further participation has become intolerable, Warriors will be entitled to expel the participant. The provisions in clause 9 above regarding payment of the program fees and the possible refund of a portion thereof will apply mutatis mutandis.
11. DRUG AND SUBSTANCE ABUSE POLICY
At Warriors Academy, we are committed to providing a safe and enriching environment for all participants in our Gap Year Program and Multi-Activity Adventure Instructor courses. As an organization focused on personal growth, development, and adventure, we prioritize the well-being and safety of our participants above all else. To ensure a drug-free environment and promote responsible behaviour, we have implemented a strict zero-tolerance drug policy.
11.1. Zero–Tolerance Drug Policy
Warriors Academy has a zero-tolerance policy for the use of any type of mind-altering drugs (“drugs”) during the course programs. This policy applies to all participants, staff, and visitors involved in any aspect of the program. We firmly believe that a drug-free environment is essential to fostering personal growth, learning, and building strong connections among our participants.
11.2. Consequences for Drug Usage
To maintain the integrity of our programs and uphold our values, we have established a clear system of consequences for those found in violation of the drug policy:
11.2.1. First Offence: Any participant found in possession of or using drugs during the course programs will face a monetary fine of 5000 South African Rands and be given a first warning.
11.2.2. Second Offence: If the participant is again found in possession of or using illegal or prohibited drugs, the participant will be given another fine of 5000 South African Rands and be required to undergo counselling or educational sessions regarding the risks and consequences of drug use.
11.2.3.Third Offence: If the participant is found in possession of or using illegal or prohibited drugs for a third time, the participant will face immediate expulsion from the program.
11.3. Maintaining a Supportive Environment
While we enforce a zero-tolerance drug policy, we also understand that individuals may face challenges and personal struggles. At Warriors Academy, we strive to provide a supportive environment for participants to address their issues and seek help when needed. If any participant is struggling with drug-related issues, we encourage them to reach out to our staff, who will guide them towards appropriate resources and support services.
11.4. Conclusion
The Warriors Academy Gap Year Program and Multi-Activity Adventure Instructor courses aim to provide a life-changing experience for all participants. Our zero-tolerance drug policy is a critical component of maintaining a safe, supportive, and enriching environment. By adhering to this policy, we can ensure that our programs remain true to their core values of personal growth, adventure, and building meaningful connections while prioritizing the well-being and safety of everyone involved. Together, we can create memorable experiences that positively impact the lives of our participants and foster their growth into responsible and empowered individuals.
12. DAMAGES
Should the participant cause damage to any of the Warriors’ assets or property due to wrongful or unlawful conduct, he or she will be liable to Warriors to make good on the loss.
13. INDEMNITY
13.1. In consideration of participating in the program provided by Warriors, the participant, acknowledges and voluntarily assumes all inherent risks associated with the program, including but not limited to personal injury, death, or property damage.
13.2.The Participant hereby releases and forever discharges Warriors, its officers, directors, members, employees, agents, and representatives from any and all claims, liabilities, actions, or demands arising out of or in connection with participation in the program. The participant agrees to indemnify and hold Warriors harmless from any such claims, including costs and attorney's fees.
14. SYLLABUS CHANGES
Warriors reserves the right to change the program schedule or the facilitators as deemed necessary to ensure the maximum value to the program and the participants. The parties acknowledge that the program schedule, courses and workshops are subject to availability, weather and time constraints.
15. SOUND RECORDINGS, VIDEO AND PHOTOGRAPHIC MATERIAL
The participant and his/her parents or guardian hereby consent to Warriors using sound recordings, video, and photographic material of the participant depicting his/her activities during the course for promotional purposes, and he/she will have no claim against Warriors arising from the use of such material.
16. PROTECTION OF PERSONAL INFORMATION (POPIA) COMPLIANCE
Compliance with POPIA:
Warriors and the Participant, together with their parents or legal guardian, agree to comply with the provisions of the Protection of Personal Information Act, 4 of 2013 (“POPIA”), to ensure the lawful, secure, and responsible processing of personal information.
Purpose of Collecting Personal Information:
Warriors collects, processes, and stores personal information of Participants for purposes directly related to its programs, including but not limited to:
· Enrolment and participation in activities.
· Administrative and operational requirements.
· Communication regarding the Participant’s progress and welfare.
· Marketing and promotional purposes, including the use of sound recordings, video, and photographic material.
· Compliance with legal or regulatory obligations.
Consent for Sound Recordings, Video, and Photographic Material:
The Participant and their parents or legal guardian hereby consent to the Warriors’ use of sound recordings, video, and photographic material depicting the Participant during activities, courses, and events organised by Warriors.
· Such materials may be used by Warriors for promotional purposes, including but not limited to brochures, advertisements, websites, and social media platforms.
· The Participant and their parents or legal guardian acknowledge that they will have no claim against Warriors arising from the use of such materials.
Obligations of Warriors Academy:
Warriors undertakes to:
· Process personal information, including sound recordings, video, and photographic material, lawfully, reasonably, and transparently.
· Limit the use of personal information to the purposes outlined in this agreement.
· Implement appropriate security measures to safeguard personal information from loss, damage, or unauthorised access.
Sharing of Personal Information:
Warriors may share personal information, including sound recordings, video, and photographic material, with third parties only where:
· It is necessary for the execution of its programs and activities.
· It is required by law or court order.
· The Participant and their parents or legal guardian have provided prior written consent.
Retention of Information:
Personal information will be retained only for as long as necessary to fulfill the purposes for which it was collected or as required by law.
Breach Notification:
In the event of a data breach, Warriors will notify affected parties as soon as reasonably practicable, detailing the nature of the breach, the information compromised, and the steps being taken to mitigate the impact.
Rights of the Participant and Parents/Legal Guardian:
The Participant and their parents or legal guardian have the right to:
· Access personal information held by Warriors.
· Request the correction or deletion of inaccurate, irrelevant, or outdated information.
· Withdraw consent for the processing of personal information, subject to legal or contractual obligations.
Amendments to this clause:
This clause may be updated from time to time to align with changes in POPIA or related
legislation. Any amendments will be communicated to the Participant and their parents or legal guardian.
17. SEXUAL HARASSMENT
This policy applies to all employees, volunteers, contractors, and participants in activities organised by Warriors Academy.
Definition of Sexual Harassment:
· Sexual harassment includes, but is not limited to:
· Unwelcome sexual advances or requests for sexual favours or other verbal, physical conduct of a sexual nature.
· Behaviour that undermines the dignity of any individual, such as inappropriate touching, gestures, or sexually explicit jokes.
· Sharing or displaying sexually explicit materials, whether physically or electronically, that cause discomfort or offence.
· Any conduct of a sexual nature that creates an intimidating, hostile, or offensive environment, whether in person or through digital communication.
Prohibition and Commitment:
Warriors strictly prohibits all forms of sexual harassment and is committed to:
· Ensuring a safe, respectful, and dignified environment for all individuals.
· Addressing and eliminating incidents of sexual harassment promptly and fairly.
· Taking appropriate corrective action if harassment is confirmed. Violations of this policy may result in disciplinary action, up to and including termination of employment or expulsion from the program.
Reporting and Handling of Complaints:
· Individuals who experience or witness sexual harassment are encouraged to report the incident to a designated supervisor, manager, or the Human Resources department as soon as possible.
· All complaints will be treated with the utmost confidentiality, with information shared only with those directly involved in the investigation and resolution process.
· Retaliation against individuals who report harassment or participate in investigations is strictly prohibited. Violations will result in disciplinary action.
Investigation Process:
· Complaints will be addressed promptly, thoroughly, and impartially in accordance with the Warriors’ policies and applicable South African legislation.
· Both the complainant and the alleged harasser will have the opportunity to present their perspectives.
· Corrective measures, including disciplinary actions such as dismissal, termination of contracts, or exclusion from programs or other disciplinary actions as deemed necessary, will be applied based on the findings.
Disclaimer of liability:
While Warriors takes all reasonable steps to prevent sexual harassment and respond to complaints, it shall not be liable for any misconduct by individuals beyond its reasonable control.
Training and Acknowledgment:
· The Academy will provide training on this policy to all employees and volunteers to ensure understanding and compliance.
· All employees and volunteers must sign an acknowledgement form indicating that they have read and understood this policy.
Policy Commitment:
This policy reflects Warriors’ commitment to maintaining a safe, respectful, and supportive environment for everyone. Warriors will not tolerate sexual harassment in any form.