GAGASI EXERCISE YOUR RIGHT INDEMNITY FORM

                I, the undersigned 

By Clicking submit you agree to the terms and conditions
Do Hereby Confirm and Agree that:

2. _______________________________________________ (Name of the Person) who have entered the premises of RADIO IGAGASI 99.5 (PTY) LTD (“Gagasi”) to participate in Exercise Your Rights on the 27^th of April 2024 at Gagasi FM.
3. I hereby submit this Indemnity (“Indemnity“) to and in favor of Gagasi in connection with ATTENDING the above-mentioned event.
4. I understand that my participation may subject me to the risk of potential health risk. I understand that I may be at higher risk if I am over 60 years of age or have any comorbidities (underlying health conditions, including hypertension, diabetes, asthma, lung diseases, kidney diseases and conditions such as cancer)
5. I confirm that I have freely consented to participating in the event and I am fully aware of and voluntary assume such risk and such Claims or Losses arising from my participation.
6. I voluntarily assume the risk of infection of COVID-19, due to my participation to the Event, even under conditions which will place me at higher risk of infection from COVID-19, including but not limited to where I may be required when participating:
7. to maintain close physical contact with other persons,
8. not to cover my face and mouth,
9. not to wear a mask and
10. not keep social distance of 1.5 meters from other people.
11. I shall notify the compliance officer duly authorized representative of Gagasi prior to providing my services and immediately if, at any time, I have:
12. any physical, emotional, psychological or mental condition that does not permit me to render services; and/or
13. any concern or risk of participating to Gagasi Event.

10. I understand that:
11. I am solely responsible for determining whether to participate to the Event.
12. I assume any risks freely and voluntarily and
13. that I may not be contracted to provide services to Gagasi, there being no obligation on Gagasi’s to contract my services, if I cannot assume the risks, especially of contracting COVID-19, voluntarily and freely. 
14. I understand that Gagasi will NOT require any other party, service provers, employees, directors, contractors and third parties whom I may come into contact with, to be medically tested for COVID- 19 prior to their my interaction and or direct contact with me or any area which I may be exposed to. I assume the risks arising from the latter interactions freely and voluntarily.
15. I understand that this Indemnity is in addition to any agreement I or any Company, individual, sole proprietorship or entity that I may be employed, engaged by or be contracted with and which I or that third party may have entered into with Gagasi, which remains fully binding on me.
16. I agree to be bound by, follow and obey all rules, instructions, directions, and requirements of Gagasi as they may be changed, modified or amended by Gagasi at any time, before, during, and after providing services, without limitation:

• all rules, instructions, directions, and requirements as may be applicable to Gagasi’s response to the COVID-19 pandemic and the need to limit any transmissions of COVID-19;
• all rules, instructions, directions and requirements set out in the Gagasi COVID-19 Policy or any such document or Protocol, a copy of which will be made available to me, as well as any other COVID -19 rules and regulations, policies and procedures whether written or oral;
• all directives furnished to me by the Compliance Officer or representative appointed by Gagasi;
• including agreement to having my temperature taken on a daily basis and at intervals as determined from time to time by Gagasi, the Compliance Officer or Gagasi’s representative;
• immediately advise Gagasi Compliance Officer or representative of the fact that I have come into contact with any person who has been diagnosed with COVID-19 immediately when I have knowledge of such fact; and
• immediately advising the Compliance Officer or representative appointed by Gagasi, if I have experienced any one or more of the symptoms associated with COVID- 19 (including a dry cough, sore throat, high body temperature, difficulty breathing, shortness of breath, fever, fatigue and aches and pains, diarrhea and vomiting).

11. I understand that if I:

• have a temperature reading equal to or in excess of 37.5 %; or
• am experiencing any of the symptoms associated with COVID-19; or

• have come into contact with anyone who has been diagnosed with COVID-19; or 
• test positive for COVID-19.

the Gagasi representative or Compliance Officer appointed by Gagasi may lawfully require me to:-

1. immediately leave any work area or Gagasi’s premises;
2. return to my home for self-isolation or quarantine for a prescribed period; and/or
3. submit myself to a health establishment, testing facility or medical facility to be tested for COVID -19.

And that Gagasi may immediately and validly refuse to contract my services and cancel any agreement entered into for the provision of my services to Gagasi, whether entered into my myself any Company, sole proprietorship, individual, third party or entity.

13. I further understand that if required to resume my duties I may only be entitled to provide my contracted services, once, I have furnished Gagasi or the Compliance Officer appointed by Gagasi with a current, duly accredited and valid certificate or note from a health establishment, medical facility or doctor confirming that:
    • I have not tested positive for COVID-19; or
    • I have fully recovered from having had COVID-19 and that I no longer pose a COVID-19 infection
14. I understand that should I be unable or unwilling to participate as a result of any reason related to COVID -19 symptoms, infection, intervention, COVID-19 issue or COVID-19 requirement or COVID-19 direction, that I shall have no Claim against Gagasi or any other third party for any Losses or damages arising as a result thereof, other than and save for a Claim for payment of any amounts which are due and owing to me by Gagasi ,until the date of the last fulfilment of my obligations as a participator.
15. I understand that my participation may expose me to the risk of being infected with COVID-19 and that my compliance with the COVID-19 Policies, Procedures, Rules and Instructions may cause me mental, psychological or emotional distress, and that this Indemnity expressly apply to all such potential
16. On behalf of myself and my heirs, next of kin, spouses, guardians, employees, agents, contractors, representatives, executors, administrators, successors, licensees and assigns (collectively, the “releasing parties“), I irrevocably and unconditionally release and forever discharge Gagasi from any and all claims, damages and losses of any kind whatsoever directly or indirectly caused by, arising out of, resulting from, relating to, or by reason of my rendering of services to Gagasi, participation in or in connection with my rendering of services to Gagasi, including but not limited to any ill-health, illness, death arising from or relating to any COVID-19 infection or symptoms related to, caused by or arising out of the rendering of my services or related services (collectively, the “released claims“). I also agree not to sue or institute any other legal proceedings against Gagasi based on any of the released This disclaimer is applicable and binding on all the releasing parties.
17. I agree to defend, indemnify and hold Gagasi free and harmless from and against any and all Claims and Losses caused by, arising out of, resulting from, or relating to, my participation in or in connection with the rendering of services to Gagasi, including, any such claim by a released party and without limitation:

• any statements, actions and omissions made by me during or in connection with my participation in radio Presenting or Producing, whether or not authorized by any Released Party;
• my failure to follow the advice or instructions of Gagasi, compliance office or any representative of Gagasi;
• my breach or alleged breach of this Indemnity or any other agreements with the Released Parties.

17. This Indemnity may only be amended in writing and under signature of the parties
18. Nothing contained in this Indemnity shall be deemed to constitute an employment relationship, joint venture, or partnership between Gagasi and me, nor shall I be deemed Gagasi’s agent for any purpose.
19. I acknowledge and agree that this Indemnity, including without limitation, the releases granted herein, is intended to operate and be construed as broadly as possible under applicable law. Any such limitations or invalid provisions shall not operate to invalidate this Indemnity in its entirety. Rather, in any such instance, this Indemnity shall be deemed to operate and to be effective to the maximum extent permitted by law, provided, however, that the Indemnity shall be voidable at the sole discretion of Gagasi should the aggregate of all such provisions found to be invalid or unenforceable materially affect the benefits and obligations of the parties to this Indemnity as a whole.
20. All remedies, rights, undertakings, obligations, and agreements contained in this Indemnity shall be in addition to, and shall not limit, any other remedies, rights, undertakings, obligations or agreements of either party.
21. I agree and warrant that I have had the opportunity to read and understand this Indemnity before signing it, and I understand and accept the contents in its entirety.
22. I enter into this Indemnity freely and voluntarily, without any duress, coercion, undue influence by any party whatsoever.
23. In this Indemnity, unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings:

• “Claim” means any claim, action, demand, suit or
• “Losses” means all losses, liabilities, costs, expenses, fines, penalties, damage, damages and claims and all related costs and expenses (including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties)
•  SIGNATURE:

FULL NAME:        ___________________________________      

ID NUMBER:       ____________________________________

DATE:                               ________________________________

SIGNATURE                                                           _______________

• “Released Parties” shall mean and refer to Gagasi any other licensees or assignees of Gagasi, the other participants, all other persons and entities connected with Gagasi, all parent, subsidiary, related and affiliated entities, licensees, successors, assigns, sponsors and advertisers of each of the foregoing, all of the respective directors, officers, principals, executives, on-air talent, employees, agents, contractors, partners, shareholders, representatives and members of each of the foregoing, and the respective heirs, next of kin, spouses, guardians, representatives, executors, administrators, successors, licensees and assigns of each of the
• RADIO IGAGASI 99.5 (PTY) LTD SIGNATURE:

FULL NAME:        ___________________________________                                                   

DATE:                               ________________________________

SIGNATURE                                                           _______________