Group Event Indemnity – On-Premises

INDEMNITY DISCLAIMER – TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO INSTITUTE LEGAL ACTION AGAINST EPSIDON TECHNOLOGY HOLDINGS (PTY) LTD AND ANY OF THE RELEASED PARTIES (AS DEFINED HEREIN). 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.

1. In consideration of Epsidon Technology Holdings (Pty) Ltd and any of its affiliates (collectively referred to as “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 or otherwise involved in the event (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 (“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 indemnity disclaimer (“Disclaimer”).
2. The Company and/or any authorised person may refuse admission to or eject from the event an attendee who, in their reasonable opinion: (a) has not been invited to the event or has not RSVP’d to the event; (b) is in breach of any of these terms and conditions; (c) fails to comply with the instructions from any authorised person, police, steward or other security officer; (d) enters any area within the event where he/she is not permitted; and/or (e) is in possession of a unlawful or Prohibited Item.
3. The attendee shall not engage in any form of ambush marketing and shall not conduct any activity that conflicts with, infringes upon or impairs the rights of any official sponsor, official supplier, licensee and/or any other party which has been granted a commercial association with the Company from time to time.
4. The attendee shall not be entitled to conduct, carry out or cause to be conducted or carried out any promotions, advertising, marketing or other commercial activity in or around the event, unless the same has been expressly authorised in writing in advance by the Company (the attendee may be asked to deliver up a copy of any such authorisation upon entry to or at any time whilst attending the event).
5. Prohibited Items include: (a) metal cans and glass bottles (other than purchased or provided at the event); (b) fireworks, weapons, firearms, flares and any other items considered dangerous; (c) banners, signs or other items, objects or clothing displaying political, religious, offensive or race-related messages.
6. An attendee may be searched (including a search of the attendee’s bags, clothes and other possessions) by or on behalf of the Company, and/or any authorised person prior to entry into or at any time during the event for the purpose of monitoring and enforcing compliance with these terms and conditions (including locating and removing any Prohibited Items). Should the attendee refuse to be searched, the attendee may be refused admission to and/or ejected from the event without refund or compensation.
7. It shall be a breach of the these terms and conditions for any attendee to engage in any conduct (whether through the use of language, gestures or otherwise) which is likely to offend, insult, humiliate, intimidate, threaten, disparage or vilify any reasonable person (including, without limitation, any support staff, authorised person or other attendee) on the basis of their race, sex, gender, sexual orientation, age, religion, disability, culture, marital status, colour, descent, pregnancy status, nationality or ethnic origin. Such action will not be tolerated and is likely to result in ejection from the event, the imposition of other sanctions, such as being banned from the event in the future and possible further action including criminal prosecution.
8. A valid invite permits the attendee admission to the event and to attend the event to which it relates. The Company reserves the right at its reasonable discretion to make alterations to the time, date and/or venue of any event.
9. No alcohol may be brought into the event.
10. No smoking is allowed at the event other than in designated areas.
11. Attendees consent without compensation to the recording of their voice, image and likeness captured by any means whilst present at or about the event, and agree to the transmission and use in perpetuity of such material by the Company and any licensee or assignee of the Company.
12. The attendee irrevocably and unconditionally consents to the collection, use and insertion into a database by or on behalf of the Company of personal information provided by attendee in accordance with applicable data protection laws for the purposes of implementation of these terms and conditions, including for administration, communication, enforcement and access control purposes. the Company may share such personal information with authorised representatives and other parties as set out its Privacy Policy (a copy of which can be provided upon written request) and as may be generally and reasonably required for the proper and efficient hosting of the event and to give effect to any of its rights in terms of these terms and conditions.
13. The attendee acknowledges that his/her presence at the event is at his/her own risk and that, to the maximum extent permitted by applicable local law, none of the Company or any individual, team, contractors and/or or their respective employees or authorised persons are liable for any loss, damage or harm however arising from his/her attendance at the event.
14. 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 your participation in or at the event 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 Disclaimer, you, or anyone on your behalf, makes 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.
15. Except to the extent required by applicable law, these terms and conditions and any dispute or claim arising out of or in connection with these terms and conditions (including, without limitation, any dispute or claim relating to non-contractual obligations) shall be governed by and interpreted in accordance with South African law and any dispute (including, without limitation, any non-contractual dispute or claim) arising from or in connection with these terms and conditions or an attendee’s attendance at an event shall be submitted to the non-exclusive jurisdiction of the South African courts.
16. You hereby warrant that you have read this Disclaimer carefully and understand its terms and conditions. You acknowledge that you will be giving up substantial legal rights in this regard (including the rights of the minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), and acknowledge that you accept this Disclaimer freely and voluntarily, without any inducement, assurance or guarantee, and your participation in the or at the event serves as confirmation of your complete and unconditional acceptance of the terms, conditions and provisions of this Disclaimer.
17. The Company reserves the right to make amendments to these terms and conditions from time to time at the Company’s sole discretion and without notice. A full copy of the latest version of these terms and conditions (as amended, if appropriate) can be obtained upon written request to the Company.
18. Each of the provisions set out in these terms and conditions shall be severally enforceable. Notwithstanding that the whole or any part of any provision(s) of these terms and conditions may be declared void, ineffective or unenforceable in any respect by any competent court in any jurisdiction, the provision(s) in question (or part thereof, as the case may be) shall be severed to the extent necessary and the other provision(s) of these terms and conditions and the remainder of the provision(s) in question (as applicable) shall continue in full force and effect.