ASSUMPTION OF RISKS AND RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY
AGREEMENT BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS,
INCLUDING THE RIGHT TO SUE.
PLEASE READ CAREFULLY
In regard to my preparation for and participation in the Running Training Program (herein called
“Course”), conducted by Hannes Swanepoel and RunningSmart.co.za (herein called
“Organizers”) including but not limited to the fitness activities and exercise held at the Course, I
am aware that:
a) fitness activities and exercise and participation in the Course exposes participants to many
risks and hazards, some of which are inherent in the very nature of the training required, the
Course, and fitness activities and exercise
itself; others which result from human error and negligence on the part of the persons involved
in preparing, organizing and staging fitness activities and exercise;
b) as a result of the aforesaid risks and hazards, I as a participant may suffer serious personal
injury (even death) or property loss;
c) some of the aforesaid risks and hazards are foreseeable, but others are not;
d) I nevertheless freely and voluntarily assume all the aforesaid risks and hazards, and the
possibility of personal injury, death, property damage or loss, resulting therefrom and that,
accordingly, my preparation for and participation in the aforesaid fitness activities and exercise
and Course shall be entirely at my own risk; and
e) I understand that the ORGANIZERS (Hannes Swanepoel and RunningSmart.co.za) its officers,
directors, employees, independent contractors, agents, affiliated clubs, sponsors, or volunteers
do not assume any responsibility whatsoever for my safety during the course of my preparation
for or participation in the aforesaid fitness activities, exercise or Course.
Release of Liability, Waiver of Claims And Indemnity Agreement
I hereby acknowledge and agree, in consideration of being permitted to participate in the
Course, as follows:
1. TO WAIVE ANY AND ALL CLAIMS, known or unknown, that I may have or may in the future
have against the ORGANIZERS.
2. TO RELEASE THE ORGANIZERS from any and all liability for any and all personal injuries, loss,
damage, expense or injury including death that I may suffer or that my next of kin may suffer
resulting from or arising out of my preparation for or participation in the Course DUE TO ANY
CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY
STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF THE ORGANIZERS, AND ALSO INCLUDING THE FAILURE ON THE PART OF THE ORGANIZERS TO SAFEGUARD OR PROTECT ME
FROM THE RISKS, DANGERS AND HAZARDS OF FITNESS ACTIVITIES AND EXERCISE REFERRED TO
ABOVE.
3. TO BE LIABLE AND TO HOLD HARMLESS AND INDEMNIFY THE ORGANIZERS from any and all
liability for any damage to property of, or personal injury to, any third party, resulting from or
arising out of my preparation for and participation in the Course.
4. Each section, part, term and/or provision of this Agreement will be considered severable and
fully-enforceable. In the event that any one or more of the provisions contained herein shall, for
any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provisions of this Agreement, but this
Agreement shall be construed as if such invalid, illegal or unenforceable provisions had never
been
contained herein.
5. This Agreement shall be effective and binding upon my heirs, next of kin, executors,
administrators and personal representatives in the event of my death or incapacity.
6. This Agreement and any rights, duties and obligations as between the parties to this
Agreement shall be governed by and interpreted solely in accordance with the laws of the
Republic of South Africa. Any litigation involving the parties to this Agreement shall be brought
solely within the Republic of South Africa and shall be within the exclusive jurisdiction of the
Courts of the Republic of South Africa. In entering into this Agreement I am not relying upon
any oral or written representations or statements made by the ORGANIZERS with respect to the
safety of fitness activities and exercise and the preparation for and the participation in the
Course, other than what is set forth in this Agreement.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS
AGREEMENT I AM ASSUMING CERTAIN RISKS AND WAIVING CERTAIN LEGAL RIGHTS WHICH I
MAY HAVE AGAINST THE ORGANIZERS.