Indemnity Agreement

One with Water Swimming School (Pty) Ltd — CR 2022/755774/07

The Peartree, St Albans Street, Craighall Park, Johannesburg

Phone: +27 81 761 9761 · info@onewithwater.co.za · andrea@onewithwater.co.za

1. Effect of This Document

Any Student that registers with One with Water (the Indemnified Party) will be required to pay a registration fee. The Client (the Indemnifying Party) hereby agrees to the terms of this Agreement.

The provisions of this agreement are drawn to the attention of the Indemnifying Party. Where the Consumer Protection Act 68 of 2008 applies to the relationship between One with Water Swimming School (Pty) Limited and the Indemnifying Party, the effect of this agreement is that the Indemnifying Party may have limited or no recourse against the Indemnified Party in the circumstances referred to herein.

2. Waiver and Indemnity

👤 Adults

I hereby state that I have chosen to take part in the Swimming Activities being offered by the Indemnified Party (the Activity) of my own free will.

I do hereby release, agree to indemnify and hold the Indemnified Party, its officers, employees and agents free and harmless from any and all costs, losses, expenses, damages (direct, indirect, consequential or otherwise), claims, suits, causes of action or any other liability or responsibility whatsoever, including attorney's fees and related costs, resulting from any injury to any person(s) or damage to property arising out of, or which may in any manner be connected with, said Activity.

I understand that Swimming Activities may be inherently dangerous and may create certain risks to persons that can result in property damage and serious physical injury. The Indemnified Party, its officers, employees, and agents will not be held responsible for any injuries, property damage or liability arising from my participation.

I assume full responsibility for the decision and consequences of taking part in the Activity. I authorise instructors to obtain medical assistance in the event of an accident should they deem it necessary, and agree to pay all related medical expenses.

👶 Minors (Under 18)

Where the Student is a minor (younger than 18 years old), I as the Indemnifying Party — being the Student's parent/guardian — consent to the Student participating in the Swimming Activities offered by One with Water.

I understand that Swimming Activities may be inherently dangerous and may create certain risks to persons that can result in property damage and serious physical injury. The Indemnified Party, its officers, employees, and agents will not be held responsible for any injuries, property damage or liability arising from the Student's participation.

I assume full responsibility for the decision and consequences of allowing my child/the minor to take part in the Activity.

I do hereby release, agree to indemnify and hold the Indemnified Party, its officers, employees, and agents free and harmless from any and all costs, losses, expenses, damages, claims, suits, causes of action or any other liability or responsibility whatsoever, in law or in equity, including attorney's fees and related costs, resulting from any injury to any person(s) or damage to property connected with the Activity and the minor's participation therein.

3. General Provisions

1. I agree that this agreement may be treated as a defence to any action or proceeding brought against the Indemnified Party, its officers, employees, and agents for injuries and/or damages sustained because of the Activity.
2. I have read this agreement and understand all its terms, and I have executed this instrument voluntarily and with full knowledge of its significance.
3. I confirm that I fully appreciate the risks that the Student may be exposed to during participation in the Activity and that I voluntarily accept such risks.

4. Personal Information & Photography Consent

I hereby consent to the Indemnified Party and its officers, employees, agents, and third-party service providers lawfully collecting, processing, storing, and transferring my personal information, as defined in the Protection of Personal Information Act 4 of 2013 (POPI), in accordance with POPI, and to process such information insofar as necessary.

I hereby agree that photos and videos may be taken of participants in the One with Water swimming pool — including photos and videos of myself and any minor children — and that such media may be used for staff training, advertising purposes, and/or social media online content.

I understand and agree that all such photos and videos are the sole and exclusive property of One with Water Swim School. One with Water Swim School may use such media unless I contact management and withdraw my consent in writing.

5. Electronic Signature (ECTA)

The parties agree that this agreement may be signed electronically in terms of the Electronic Communications and Transactions Act 25 of 2002 (ECTA). In terms of ECTA, this agreement in electronic format is not without legal force and effect merely because it is wholly or partly in the form of a data message.

6. Acceptance

By registering as a client of One with Water, I confirm that I have read and understood the meaning and effect of this agreement and that I agree to be bound by it from the date of registration. If you do not understand the meaning or effect of any clause contained in this agreement, you must request that it be explained to you before accepting and concluding this agreement.

For clarification on any clause before signing, please contact: info@onewithwater.co.za

← Return to Registration Form