This is an Indemnity Agreement (the “Agreement”) is made and effective with the sole purpose of participation in the Arnold Throw Down Classic event, hereinafter referred to as the “Classic” and is effective from date of signature hereof:
BETWEEN: Fitness Technologies and CrossFit Platinum and/or its subsidiaries holding companies or affiliates and/or its staff and/or its directors and/or its shareholders (the "Indemnitee"), a company incorporated in terms of the company laws of the Republic of South Africa:
AND: the indemnitor as stated below, a major male/female residing in the Republic of South Africa, possessing full legal capacity and of sound mind.
1. LIABILITY, LOSS OR DAMAGE
Indemnitor undertakes to indemnify Indemnitee from any and all liability, loss, or damage Indemnitor may suffer as a result of injury, death, pain & suffering, discomfort, claims, demands, costs, or judgments against Indemnitee arising from participating in the Classic (including but not limited to simply being present on the property).
The Indemnitor participates in the aforementioned activity exclusively at their own initiative, risk and liability.
Indemnity under this agreement shall commence on the date of signature hereof and shall continue in full force until repudiated in writing by both parties signature and consent.
3. REQUIREMENT OF NOTICE TO INDEMNITOR
Indemnitee agrees to notify Indemnitor in writing, within 7 (seven) days, in writing, at Indemnitor’s address as stated in this agreement, of any claim made against Indemnitee on the obligations indemnified against.
7.1 No amendment of this agreement will be of any force and effect unless reduced to writing and signed by both parties.
8.1 If any provision of this Agreement is found or held to be invalid or unenforceable, the validity and enforceability of all other provisions of this Agreement will not be affected.
9 ASSIGNMENT, CESSION AND DELEGATION
9.1 Neither of the Parties shall be entitled to assign, cede, delegate or transfer any rights, obligations, share or interest acquired in terms of this Agreement, in whole or in part, to any other party or person without prior written consent of the other, which consent shall not unreasonably be withheld or delayed.
10 WHOLE AGREEMENT
10.1 This Agreement, together with all Service Schedules and amendments, constitutes the whole and entire Agreement between the Parties with regard to the subject matter hereof and there have not been and there are no agreements, representations or warranties between the Parties other than those specifically set forth herein. This Agreement shall supersede in all respects any terms and conditions existing prior to the commencement of this agreement.
11.1 If any provision of this Agreement shall be held illegal or unenforceable, such provision shall be deemed separate and divisible from and shall in no way affect or impair the validity or enforceability of, the remaining provisions.
12 APPLICABLE LAW
12.1 This Agreement will be governed in all respects by the laws of the Republic of South Africa.
12.2 Notwithstanding the value of any claim that may arise between the parties, the parties specifically consent to the jurisdiction of the Magistrates Court, having geographic jurisdiction over the parties.