1. Acknowledgement and Assumption of Risk

I, the undersigned participant, hereby acknowledge that I am voluntarily participating in the Seasons Colour Run (the Event), which involves physical activity including running or walking over uneven terrain and exposure to coloured powder and environmental elements.

I understand and accept that participation involves inherent risks, including but not limited to:

• • Physical exertion, dehydration, slips, falls or collisions;
  • Inhalation of coloured powder or dust;
  • Weather-related risks such as heat or rain; and
  • The risk of injury, illness, property damage, or death.

I confirm that I am medically fit to participate, have no known medical condition that may be aggravated by participation, and that I participate entirely at my own risk.

2. Release of Liability

To the fullest extent permitted by South African law, I hereby release, discharge, and hold harmless the following parties (the Indemnitees):

• • The Seasons Homeowners Association;
  • The individual homeowners and property owners within the Seasons Estate;
  • Seasons Golf, Leisure & Spa, its management, employees, agents, sponsors, and affiliates;

from any and all claims, damages, losses, injuries, costs, or liabilities (including legal costs) arising out of or in connection with my participation in the Event, except where such loss or damage arises solely from the gross negligence or wilful misconduct of the Indemnitees.

3. Indemnity

I further agree to indemnify and hold harmless the Indemnitees from and against any and all third-party claims, demands, actions, or proceedings (including those brought by other participants or spectators) arising from my actions, omissions, or conduct during the Event.

This indemnity includes, without limitation, claims for injury, property damage, or death caused directly or indirectly by my participation or by any breach of this agreement.

4. Event Rules and Conduct
   • I agree to comply with all event rules, safety instructions, and directions issued by the organizers, marshals, and staff. I understand that failure to comply may result in removal from the Event without refund.
   • I also acknowledge that the organizers reserve the right to postpone, cancel, or modify the Event for safety or operational reasons and that no refund shall be due in such cases unless required by law.
     
     
5. Photography and Media Consent

I consent to the use of my name, image, voice, and likeness in photographs or video taken during the Event for publicity, promotional, or marketing purposes by the Seasons Homeowners Association or Seasons Golf, Leisure & Spa, without any compensation or further consent.

6. Severability and Governing Law

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa, and any dispute shall be subject to the exclusive jurisdiction of the South African courts.

7. Acknowledgment and Signature
   

   I confirm that I have read, understood, and voluntarily agree to this Indemnity and Participation Agreement. I acknowledge that I am waiving certain legal rights by signing it.