RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY
EMPLOYEES OF EPSIDON TECHNOLOGY HOLDINGS (PTY) LTD AND ITS AFFILIATES

Event Description: FD Town Hall 2023

Duration / Date of Event: 11 May 2023, 15h30 – 17h00

Place of Event: FD Regional Offices

(hereinafter referred to as “the Event”)

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. DO NOT ACCEPT THESE TERMS UNLESS YOU HAVE READ IT IN ITS ENTIRETY. PLEASE FEEL FREE TO SEEK LEGAL ADVICE IF YOU ARE UNSURE OF THE EFFECT OF THIS AGREEMENT. 

 

In consideration of Epsidon Technology Holdings (Pty) Ltd and any entity forming part of its group of companies (collectively referred to as “the Company”), including all shareholders, directors, managers, associates, employees and assistants of the Company and their family members, whether in their personal or professional capacity, any Company representatives, any organisers or third parties appointed by the Company in terms of the Event described herein (collectively the “Released Parties”), allowing you to participate in the activities forming part of the event, whether or not such activities are inherently dangerous, in which the Company and/or the Released Parties are in any way involved, whether as a participant or organizer of such activities (the “Activities”), you, for yourself, and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk, and Indemnity Disclaimer (the “Disclaimer”):

 

  1. You agree that the Release Parties are not responsible for any death, illness, injury, loss or damage of any kind sustained by yourself or any person while you are participating in the Event and all related activities, caused in any manner whatsoever.

 

  1. DESCRIPTION OF RISKS: you acknowledge that you are aware of the possible risks, dangers and hazards associated participating in the Event and all related activities, including but not limited to the possible risk of severe or fatal injury to others or yourself. These risks include, but are not limited to:
      • TRAVEL: the risks associated with travel and all related activities including transport by public or private motor vehicle, buses, aircraft, etc.
      • WEATHER: any injury, illness, death, loss or damage resulting from the weather; and/or
      • PHYSICAL: physical injuries; illness resulting from food poisoning or parasites.

 

  1. You hereby release, waive, and covenant not to institute legal action against any of the Released Parties, and further agree to indemnify, defend and hold harmless the Released Parties with respect to any and all liability, claims, demands, causes of action, damages, loss of personal belongings or expense, including court costs and reasonable attorney’s fees of any kind or nature (“Liability”) which may arise out of, result from, or relating to my participation in the Event and related activities in any manner whatsoever, and including claims for Liability caused in whole or in part by the negligence of the Released Parties. You further agree that if, despite this Agreement, you, or anyone on your behalf, make a claim for Liability against any of the Released Parties, you will indemnify, defend, and hold harmless each of the Released Parties from any such Liability which any may be incurred as a result of such a claim.

 

  1. This Agreement represents the complete understanding between the Released Parties and yourself regarding these issues and no oral representation, statements, or inducements have been made apart from this Agreement. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

 

  1. You understand that participation in the Activities and/or the Event, including traveling to and from the Activities and/or the event, whether or not organised by the Released Parties, yourself, or any third party, involves risks and dangers which include, without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; loss of personal property or belongings; imperfect conditions existing on the property where the Activities and/or Event take place; equipment failure; inadequate safety measures; situations beyond the immediate control of the organizers of the Activities or the Released Parties; and any other undefined risks and dangers which may not be readily foreseeable or are presently unknown (the “Risks”).

 

  1. You understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Activities and/or the Event, or the acts, inactions, or negligence of the Released Parties. By participating in the Event and/or Activities you hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses, or expenses, which you incur as a result of your participation in the Activities and/or the Event.