Helderberg Dog Coaching Centre
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Liability Waiver and Indemnity

Liability Waiver and Indemnity

Effective Date: 7 June 2026 Version: v3 Document ID: hdcc-liability-2026-06-07 Status: Active

IMPORTANT NOTICE UNDER SECTION 49 OF THE CONSUMER PROTECTION ACT

Please read this carefully. This document contains important limitations on your rights and asks you to take on certain risks.

By drawing your signature on the on-screen signature pad and ticking the indemnity boxes during registration, you accept the terms below. You are signing a legally binding document. Take your time.

A plain-language summary of the indemnity is provided in Section 4 (Indemnity — Plain Summary) before the detailed language.

1. Parties and Scope

This agreement is made between:

  • The Client (you): the person registering on the HDCC website, and your dog.
  • The Service Provider: Helderberg Dog Coaching Centre (HDCC), operated by Zelda Simon (Sole Proprietor).
  • The Coaches: Zelda Simon, Elzabi van Wyk, Sarah Davies (in her photographer/collaborator capacity), and any guest contractor specifically authorised by HDCC.
  • The Landlord: Seventh Day Adventist School, Somerset West.

The Landlord is not a party to your coaching agreement but is expressly named as a third-party beneficiary of this waiver. They must be held harmless from any claim arising from your use of the Site.

2. Acknowledgement of Inherent Risks

Dog coaching involves interaction with animals and outdoor environments. You acknowledge that the following risks are inherent to our services:

  • Animal interaction: bites, scratches, or nips — from your own dog, other clients' dogs, Zelda's personal dogs (present on Site), and from any handler-on-handler-dog interaction at the Site.
  • Physical injury: falls, trips, sprains, or strains caused by uneven field surfaces, running, or jumping.
  • Unpredictable behaviour: sudden changes in dog behaviour. Dogs are animals and can be unpredictable even with good training.
  • Altercations: dog-to-dog fights, fence reactivity, resource guarding.
  • Allergies: reactions to grass, dogs, saliva, or insects.
  • Weather and surface conditions: sun exposure, heatstroke, cold, rain, lightning, strong winds, and turf or field conditions where the aftermath of weather has left the surface slippery or otherwise affected.
  • Equipment hazards: slips, equipment failure, obstacle collapse.
  • Emotional distress: anxiety or distress from training scenarios or animal interactions.
  • Environmental hazards: insect stings, snake bites, tick exposure. We operate outdoors in the Western Cape.

3. Voluntary Assumption of Risk

I have read the risks listed above. I voluntarily accept these risks and participate in HDCC services of my own free will. I acknowledge the legal principle of volenti non fit injuria (to a willing person, injury is not done) as a defence to common-law claims arising from these inherent risks.

This assumption of risk does NOT cover claims protected under CPA section 51 (HDCC's own gross negligence or intentional wrongdoing) — see Section 5 below.

4. Indemnity — Plain Summary (CPA section 49)

You are agreeing to the following:

  1. You take on the inherent risks of dog coaching listed in Section 2. Falls, bites, sudden behaviour, weather, surface conditions — these are normal risks. You accept them.

  2. You will pay for damage your dog causes. If your dog injures another dog, person, or damages property at the Site, you are liable for the resulting cost (veterinary bills, medical bills, repairs).

  3. You will not sue HDCC, Zelda Simon, our Coaches, or the Landlord for losses caused by your own negligence or your dog's behaviour.

  4. You CAN still sue HDCC if the loss is caused by:

    • HDCC's gross negligence (a serious failure, not a momentary slip); or
    • HDCC's intentional wrongdoing.

    These protections cannot be excluded by agreement (CPA section 51).

  5. HDCC's total liability to you is capped at the total fees you paid HDCC in the 12 months before your claim — except for the protected categories in point 4 above.

The detailed legal language follows in Sections 5-7.

5. Release of Liability

To the maximum extent permitted by South African law, I release, waive, discharge, and covenant not to sue:

  • Helderberg Dog Coaching Centre (HDCC)
  • Zelda Simon personally (as the sole proprietor)
  • All HDCC Coaches, employees, and authorised contractors (including Elzabi van Wyk and Sarah Davies)
  • Seventh Day Adventist School (as Landlord and third-party beneficiary)

...from any and all claims, demands, actions, liabilities, damages, and costs (including legal fees) arising from my or my dog's participation in HDCC services.

EXCEPT for claims arising from:

(a) Gross negligence on the part of HDCC; or (b) Intentional wrongdoing on the part of HDCC.

These protections cannot be excluded by agreement under CPA section 51.

6. Indemnity by Client

I agree to indemnify and hold harmless HDCC, Zelda Simon, the Coaches, and Seventh Day Adventist School against losses, damages, and costs arising from:

  • Damage, injury, or death caused by my own negligence.
  • Damage, injury, or death caused by my dog to other dogs, persons, or property at the Site.
  • My breach of these Terms, the Rules, the Cancellation Policy, or any other HDCC policy.
  • Medical, veterinary, or property repair costs reasonably arising from my dog's conduct.
  • Legal costs reasonably incurred in defending such claims, calculated on a party-and-party scale (NOT attorney-and-client scale, to avoid unfair-terms exposure under CPA section 48).

I do NOT indemnify HDCC for claims falling within Section 5(a) or 5(b) above — those remain HDCC's own responsibility.

7. Limitation of Liability (CPA section 48)

HDCC's total liability to me for any claim arising from my participation in HDCC services is capped at the total fees I have paid to HDCC in the 12 months preceding the claim.

This cap is fair and proportionate under CPA section 48 (unfair terms test) because:

  • It scales with the value of the services rendered.
  • It applies symmetrically (HDCC's protection does not increase with the size of your dog's damage to others — that is fully your indemnity under Section 6).
  • It does NOT apply to liabilities that cannot be excluded by law, including HDCC's own gross negligence or intentional wrongdoing (CPA section 51).

8. Representations and Warranties (Self-Disclosure at Registration)

By accepting this waiver, you represent and warrant:

  • Your dog's vaccinations are current (5-in-1, Rabies, Kennel Cough — see Rules document).
  • Your dog is free from contagious illness or parasites at the time of each session.
  • You have fully disclosed any history of aggression, bite incidents, or fear reactivity regarding your dog at registration. A new disclosure must be made if the situation changes between sessions — email helderbergdogcoachingcentre@gmail.com.
  • You are the legal owner or authorised guardian of the dog.
  • You are 18 years of age or older. If under 18, a parent or legal guardian is registering on your behalf and signing this on your behalf.
  • The information you provided to HDCC at registration is true and complete.

A material misrepresentation in this section (e.g. concealed bite history) is a breach that can void this waiver's protection of you — HDCC retains the right to recover losses caused by the concealment.

9. Specific Acknowledgement: Zelda's Personal Dogs

"I understand and accept that Zelda's personal dogs are present on Site during HDCC operations and may be in the environment during my sessions. I accept their presence as a normal feature of the facility and will not bring a claim based on their presence, behaviour, or interaction with my dog unless the claim arises from HDCC's gross negligence or intentional wrongdoing (CPA section 51 — protected rights cannot be excluded)."

10. Specific Acknowledgement: Elzabi van Wyk and Sarah Davies

"I understand and accept that Elzabi van Wyk is a collaborating Coach who runs group lessons and private sessions at HDCC, and that Sarah Davies is a collaborating Coach in her photographer/marketing capacity. When Elzabi or Sarah is the Coach for my booking, I agree that:

  • Their coaching liability is covered by this same waiver as part of HDCC's authorised Coaches under Section 1.
  • Elzabi's tuition fee on the Fundamentals courses (R1,200 of R2,000 total per course) is paid directly to her under a separate arrangement with HDCC; this does not change my agreement with HDCC.
  • Any claim regarding Elzabi's or Sarah's coaching is brought against HDCC, not against them personally, in line with HDCC's responsibility for authorised Coaches at the Site."

11. Emergency Veterinary Authorisation

If my dog becomes injured or ill at the Site and I cannot be reached immediately:

  • I authorise HDCC to arrange emergency veterinary treatment.
  • I accept liability for veterinary costs up to R5,000 (Five Thousand Rand) without further consultation.
  • For costs above R5,000, HDCC will make reasonable efforts to reach me before authorising additional treatment.
  • HDCC will use my preferred vet (recorded in my profile) if available, otherwise the closest open veterinarian available.
  • I authorise HDCC to transport my dog to that vet if necessary.

12. Insurance

I am responsible for securing my own dog's medical and pet insurance. HDCC carries public liability cover for the business but does NOT provide pet medical cover for client dogs.

13. Photography and Video Consent

I acknowledge that photos and video may be taken during sessions. Detailed consent regarding the use of my image and my dog's image is governed by the separate Photo and Media Release.

14. Data Protection

I consent to the processing of my personal information in accordance with HDCC's Privacy Policy and the Protection of Personal Information Act (POPIA). Dog medical and behavioural information (including bite history, reactivity, and health conditions) is processed under POPIA section 11(1)(b) (performance of contract) and 11(1)(f) (legitimate interest in safety). See the Privacy Policy section 4 for full purpose limitation and retention details.

15. Duration and Applicability

This waiver applies to all current and future sessions until specifically revoked by written notice to helderbergdogcoachingcentre@gmail.com. Revocation ends my access to HDCC services from the date of acknowledgement.

16. Severability

If any clause in this document is found to be unenforceable or invalid under South African law (for example, deemed unfair under CPA section 48), the remainder of the document remains in full force and effect.

17. Governing Law and Jurisdiction

This agreement is governed by the laws of the Republic of South Africa. Any dispute is subject to the exclusive jurisdiction of the High Court of South Africa, Western Cape Division.

18. Changes to This Document

When we change this Liability Waiver we will:

  1. Send you an email from legal-notices@helderbergdogcoaching.co.za (a no-reply address used only for legal notices) with a link to the updated document and a summary of what changed.
  2. Update the "Effective Date" and "Document ID" at the top.
  3. Give you a 30-day window to review. If you object, you may cancel your account without penalty during the window. Continued use of HDCC services after the 30-day window is acceptance of the updated terms.

Mark legal-notices@helderbergdogcoaching.co.za and helderbergdogcoachingcentre@gmail.com as safe senders so the email reaches your inbox.

19. Electronic Signature

By drawing your signature on the on-screen signature pad and ticking the acceptance box during registration, you provide a valid electronic signature under Electronic Communications and Transactions Act (ECTA) section 13. Your drawn signature is captured as a base64 PNG and stored with this waiver's record. See the Privacy Policy section 7 for how it is handled.

20. Acknowledgement Tickboxes (captured at registration)

The HDCC registration form requires the following tickboxes before submission. By ticking each box you affirm the corresponding statement:

  • I have read and agree to the Terms and Conditions and Rules.
  • I have read and agree to the Cancellation and No-Show Policy.
  • I have read and agree to the Privacy Policy.
  • I will ensure all payments are made in advance for the services I book.
  • I understand the above documents may change from time to time and that I will be notified by email when they do.

The HDCC registration form ALSO requires my drawn-pad signature, captured at the same submission, as electronic acceptance of this Liability Waiver and the inherent-risk acknowledgements in Sections 2-3 above.

Document ID: hdcc-liability-2026-06-07 | Version: v3 | Effective: 7 June 2026

Helderberg Dog Coaching Centre · helderbergdogcoachingcentre@gmail.com · +27 72 602 3318