INDEMNITY
By clicking on agreement button further down this form you, on your behalf and on behalf of all other persons in your care or under your control, thereby indemnify Kalkgat 001 Boerdery (Pty) Ltd, the trustees for the time being of the TrayChris Trust (Master’s reference number IT8378/2004) and their directors, officers, employees, affiliates, partners, shareholders, agents, attorneys, representatives, successors, service providers, and permitted assigns (each hereinafter referred to as an “Indemnified Party”) and hold each Indemnified Party harmless in accordance with laws of South Africa and against all and any death, injuries, losses, liabilities, claims, demands, judgements, damages, fines, suits, actions, costs, and expenses based upon or resulting from any claim made against any Indemnified Party in respect of or in connection with or arising from:
- the event held on 30 December 2025 to 2 January 2026 at POD, Ceres Farm, Portion 1 Farm Kalkgat No170, Witzenberg, Ceres;
- any person attending an Event in respect of which I request or organise the use of the Venue; and
any person contracting any communicable or infectious diseases at the Venuespecifically including but not limited to consequential damages or loss suffered and including legal costs (on attorney and own client scale) incurred by the Indemnified Party to enforce its rights under the indemnity contained in this document (“Indemnity”). These provisions shall operate as a stipulatio alteri on behalf of each Indemnified Party (insofar as applicable) and shall be capable of acceptance by an Indemnified Party at any time.
This indemnity shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.
ENFORCEMENT
I agree to, within 5 Business Days of receipt of written demand to that effect by an Indemnified Party in respect of this Indemnity, to make payment of the amount so demanded.
A certificate under the hand of any authorised person of an Indemnified Party as to the existence and amount of my indebtedness at any time or the fact that such amount is due and payable, shall be prima facie proof of the contents and correctness thereof for the purpose of provisional sentence or summary judgment or any other proceedings in any competent court. It shall not be necessary to prove the appointment of the person signing any such certificate.
DISPUTE RESOLUTION
Any dispute relating to or arising from this indemnity and any incident to which this indemnity relates may be determined in terms of this dispute resolution in accordance with the Expedited Rules (“the Rules”) of the Arbitration Foundation of Southern Africa (“AFSA”) at the election of an Indemnified Party.
The arbitration shall be held at Cape Town, with only the legal and other representatives of the Parties to the dispute present thereat, and otherwise in terms of the Arbitration Act, No. 42 of 1965 (“Arbitration Act”), unless otherwise provided for herein.
The arbitrator shall be a practising advocate of the Cape Bar of at least fifteen years’ standing, appointed by agreement between the parties to the dispute, provided that should the parties fail to agree on an Arbitrator within 14 days after the giving of notice that a dispute be determined in terms hereof, the arbitrator shall be appointed by AFSA, at the request of either party.
The decision of the arbitrator shall be final and binding on the parties to the dispute and may be made an order of court. The parties hereby consent to the jurisdiction of the High Court of South Africa, Western Cape Division.
The parties agree to keep the arbitration and the evidence heard during the arbitration confidential and not to disclose it to anyone except for purposes of obtaining an order as contemplated herein.