The ManKind Project South Africa
Agreement Regarding Assumption of Risk, Indemnification, and Release for Training Participants
In exchange for the services provided to me by The ManKind Project International and The ManKind Project South Africa, both organisations, their agents, employees, officers, volunteers, and contractors, and any person or organization associated with them and their activities (collectively "MKP"), I, for myself and anyone who may act on my behalf, (hereinafter referred to collectively as "I and my Heirs" or "my Heirs") agree to and acknowledge the following:
1. Risks I am voluntarily participating in a program of personal growth and training for men (“the Training”) sponsored and operated by MKP, the name, date, and location of which are given above. The Training will involve a variety of activities, including, but not limited to, strenuous, vigorous and challenging physical, mental, emotional and intellectual activities conducted indoors and outdoors during day and night (the “Activities”). The same elements which contribute to the unique character of the Training and the associated Activities can cause loss or damage to personal property, accidental injury, illness, or, in extreme cases, permanent trauma, disability, or death.
MKP as a matter of integrity and accountability wants me to know in advance of the inherent or potential risks of the Training and the associated Activities. I understand that MKP will take reasonable steps to seek to provide a safe environment. However, I also understand that certain risks are inherent in the Training and cannot be eliminated without destroying the unique character of the Training and the Activities.
The risks discussed above include, but are not limited to:
i. risks associated with outdoor physical activities (such as walking or running on uneven ground) including slips and falls, bruises, sprains, lacerations, fractures, and concussions;
ii. contact with plants, animals, snakes or insects that could cause stings, bites, allergies, or disease;
iii. exposure to fire or heat from natural or manmade causes that could cause burns, dehydration, and fainting;
iv. exposure to cold, wet weather, and to other unpredictable forces of nature;
v. exposure to the conduct of Training participants;
vi. damage to property owned by me or by others;
vii. the failure or malfunction of equipment;
viii. inherent risks associated with being in a remote location, distant from medical facilities, where evacuation and medical care could be delayed;
ix. risks associated with traveling by land or air to and from the Training site or to and from a site of emergency medical care.
I understand that this list is not complete and that other unknown or unanticipated risks may result in property loss, serious injury, illness, or death.
2. Medical Information I attest that I do not have any medical, physical, mental, or emotional condition which prevents me from safely participating in the Training and Activities and I am fully capable of both physically and mentally of participation in the Training and associated activities without causing harm to myself or others. I also understand that I am solely responsible for my health and welfare with respect to any medical, physical, mental, or emotional condition, whether disclosed or undisclosed, and will take all reasonable precautions that may be necessary for my safe participation. If I have or suspect that I may have any condition that may pose any danger to others, I will immediately and fully disclose this condition to the Training leaders.
I further certify that I have no past or present physical or psychological condition that might affect my participation in the Training or the Activities, other than those which I have disclosed on my medical form.
I understand that certain medical and psychological conditions my increase the risk of my participation in the Training. I release and forever discharge MKP from any liability or claims for any injuries to me which are a direct or indirect result of my medical or psychological condition.
The medical information that I have given to MKP is true, to the best of my knowledge, information, and belief and I have disclosed all known or suspected medical conditions that arise between the day I execute this Agreement and the date of the Training and Activities as well as conditions that arise during the course of the Training and Activities
3. Assumption of risk I understand and agree that MKP is not and cannot be a guarantor or insurer of my safety or well-being. I agree to act with reasonable care for my well-being and the well-being of all other people and property around me during the Training and the Activities. I also understand that swimming pools or other bodies of water that could be used for swimming may be present at the locations where the Training is held and that swimming is not a part of the Training experience. I understand that MKP has not inspected and makes no warranty regarding the condition of those pools or other bodies of water and provides no lifeguards. I agree that if I swim or otherwise enter those bodies of water, I do so at my own risk.
I accept and assume full responsibility for all of the risks and hazards associated with Participating on the Training, whether known or unknown, including, but not limited to, I) injury, death, or loss of personal property and related expenses which I may suffer as a direct or indirect result of those inherent risks and dangers described in this Agreement as well as those not specifically described; and 2) any injury that I may cause to any other person or any damage that I may cause to the property of others, as a result of my negligence or wrongful conduct. I elect to Participate on the Training with full knowledge of all known or potential risks.
4. Voluntary Participation I confirm that my participation in any and all Activities is purely voluntary, and that I may decline to participate in any of the Activities at any time.
5. Release In consideration of being able to Participate on the Training, I, for myself and my Heirs, release and discharge MKP from all claims or causes of action, present or future, arising from physical, emotional, or psychological injury, death and/or property damage suffered by me or any other person, resulting directly or indirectly from my Participating on the Training and the associated Activities, including, without limitation,injury or damage caused in whole or in part by errors in judgment and/or any other negligence of MKP.
I understand and accept that by signing this Agreement, I surrender all rights to make a claim or file a lawsuit against MKP for personal injury,property damage, wrongful death, products liability (including strict liability), breach of warranty or contract, or under any other legal theory,unless the claim arises from the intentional wrongful act, recklessness, or gross negligence of MKP.
6. Nature of Release This release, waiver, and indemnity Agreement is intended to be as broad and inclusive as permitted by the laws of the Republic of South Africa. If any portion of the Agreement is held invalid, the remainder of the Agreement will still continue in full legal force and effect.
7. Promise of Confidentiality While participating in the Training and the Activities, I will learn details of and experience how the Training and the Activities are conducted, in both oral and written form, which are proprietary and owned exclusively by MKP (the "Proprietary Information"). In addition, I may learn during the course of the Training information about other participants which is confidential (the "Confidential information"). As an express condition of my participation in the Training, I agree that I will not reproduce, duplicate, or copy, in any form or manner, any Proprietary Information without the express written permission of MKP. I further agree that I will not disclose in any form or manner, written or oral, any Confidential Information which I learn as a result of my participation in the Training and Activities r may, however,share my personal experience of the Training as long as I do not disclose any Confidential Information.
8. MKP Promise of Confidentiality MKP agrees to maintain the confidentiality of Confidential Information as stated above. However, if a participant in any MKP Training reveals recent or continuing acts that place himself or another person in danger of significant physical, emotional or psychological harm, or is considering engaging in such acts in the foreseeable future, MKP may be mandated by law to report such information to an appropriate agency or organisation. Even in the absence of a legislative mandate, MKP may act to protect the participant or any other person from foreseeable harm, while providing the participant a path of healing and support. By signing this agreement, I consent to MKP acting in this manner.
9. Photo Release I understand that a group photo may be taken near the end of this training that will include my image and I hereby consent to MKP's use of any such photos for training, educational, and marketing purposes without any further consent from me.
10. Mediation, Arbitration, Waiver of Right to Institute Legal Action I expressly agree that any claim or cause of action of any kind against MKP as a direct or indirect result of my Participating on the Activities or Training, must first be submitted to mediation by a neutral third party. Ifafter three (3) sessions, mediation is unsuccessful, the matter must then be submitted for a final and binding arbitration of my claims. Any such arbitration will be held in the city or province where the MKP Center facilitating the Training is located, and South African substantive law will apply in all such proceedings. I agree that any resulting arbitration award is final and binding upon both MKP and upon me and my Heirs, and byexecuting this Agreement I am expressly waiving any and all rights to litigate any such claim in any court. Any cause of action to enforce any arbitration award or any cause of action brought against MKP notwithstanding the waivers contained in this Agreement, must be brought in a court of competent jurisdiction in the city or province where the MKP Center facilitating the Training is located. Any arbitrator chosen pursuant to this paragraph will be chosen from a list or lists supplied by the Arbitration Association of South Arica or The Arbitration Foundation of South Africa with the law as set out in the Arbitration Act of South Africa, Act 42 of 1965 being of application.
11. Agreement Controlling / Entire Agreement This release contains the entire agreement between MKP and me, and supersedes any and all other agreements or representations, written or oral.
12. Indemnification I agree to indemnify and defend MKP against and hold MKP harmless from any claims arising out of my acts or omissions in the Training. The terms “indemnify” and “defend” mean that I will defend and protect MKP by payment or reimbursement for any costs or expenses incurred by MKP. This indemnification includes reimbursing MKP for reasonable attorneys’ fees and related costs of litigation, including discovery.
13. Severability Severability clause to be read in conjunction with clause 6 above, “Nature of Release”. All provisions of this agreement are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provisions of this agreement which is or becomes unenforceable, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, only to the extent that it is so unenforceable be treated as pro non scripto and the remaining provisions of this agreement shall remain of full force and effect. The parties declare that it is their intention that this agreement would be executed without such unenforceable provisions if they were aware of such unenforceability at the time of execution hereof.
I understand fully that by signing this Agreement, I waive my legal rights both to assert certain claims against MKP and to sue or otherwise assert any claims in a court of law. I agree that any dispute between MKP and me, or anyone representing me, or otherwise arising out of my Participating on the Activities and the Training, must be submitted to final and binding arbitration. I fully understand the consequences of this waiver and acknowledge that I have had ample opportunity to ask questions regarding this Agreement. I have read the Agreement in its entirety, I understand the content and implications of the document, I sign this Agreement freely and voluntarily, and I agree to be legally bound by all of the terms and conditions of this Agreement.