The Indemnity Declaration is a vital legal instrument in South African business and personal contexts, used to allocate risk and responsibility between parties. This document is particularly relevant in situations involving potential liability exposure, such as business transactions, sporting events, property usage, or professional services. The declaration must be drafted in accordance with South African legal principles, including both common law and statutory requirements, particularly considering the Consumer Protection Act's provisions on unfair contract terms. An Indemnity Declaration typically specifies the scope of protection, claim procedures, and any limitations or exclusions, while ensuring the terms remain reasonable and enforceable under South African law. It serves as a risk management tool while providing clarity and certainty in business relationships.
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1. Parties: Full legal names and details of the Indemnifier and Indemnitee, including registration numbers for companies or ID numbers for individuals
2. Background: Context of the indemnity, including the relationship between parties and the circumstances necessitating the indemnity
3. Definitions: Clear definitions of key terms used in the declaration, including the scope of 'Loss', 'Claim', and other relevant terms
4. Scope of Indemnity: Detailed description of what risks, losses, or liabilities are covered by the indemnity
5. Duration: The period during which the indemnity remains valid and effective
6. Limitations and Exclusions: Specific exclusions or limitations to the indemnity coverage
7. Claims Procedure: Process for making claims under the indemnity, including notification requirements and timeframes
8. Governing Law and Jurisdiction: Confirmation of South African law as governing law and jurisdiction for disputes
9. Signatures: Execution clause and signature blocks for all parties
1. Insurance Requirements: Required when the indemnifier must maintain specific insurance coverage to support the indemnity
2. Third Party Rights: Needed when the indemnity extends to or affects third parties
3. Survival Clause: Required when certain obligations need to survive the termination of the main agreement
4. Security Provisions: Include when additional security (such as guarantees or deposits) is required to support the indemnity
5. Dispute Resolution: Optional detailed dispute resolution procedures, including potential arbitration clauses
6. Force Majeure: Include when certain extraordinary events should exclude liability under the indemnity
1. Schedule 1: Specific Indemnified Events: Detailed list of specific events, activities, or circumstances covered by the indemnity
2. Schedule 2: Claim Form Template: Standard form for submitting claims under the indemnity
3. Schedule 3: Insurance Requirements: Detailed insurance requirements including types of coverage and minimum amounts
4. Appendix A: Related Agreements: List of related agreements or documents referenced in the indemnity declaration
5. Appendix B: Authorized Representatives: List of authorized representatives who can act on behalf of each party in relation to the indemnity
Relevant legal definitions
Agreement
Claim
Commencement Date
Consequential Loss
Direct Loss
Effective Date
Event
Force Majeure Event
Indemnified Party
Indemnifying Party
Indemnity Period
Insolvency Event
Law
Liability
Loss
Material Breach
Parties
Professional Services
Related Entities
Relevant Activity
Representatives
Risk
Signing Date
Specified Events
Term
Territory
Third Party
Third Party Claim
Working Day
Claim
Commencement Date
Consequential Loss
Direct Loss
Effective Date
Event
Force Majeure Event
Indemnified Party
Indemnifying Party
Indemnity Period
Insolvency Event
Law
Liability
Loss
Material Breach
Parties
Professional Services
Related Entities
Relevant Activity
Representatives
Risk
Signing Date
Specified Events
Term
Territory
Third Party
Third Party Claim
Working Day
Clauses
Parties and Definitions
Scope of Indemnity
Duration
Risk Allocation
Liability Limitations
Insurance Requirements
Claims Procedure
Notice Requirements
Payment Terms
Representations and Warranties
Force Majeure
Dispute Resolution
Governing Law
Assignment
Third Party Rights
Severability
Entire Agreement
Amendment
Waiver
Costs and Expenses
Confidentiality
Survival
Legal Compliance
Execution
Scope of Indemnity
Duration
Risk Allocation
Liability Limitations
Insurance Requirements
Claims Procedure
Notice Requirements
Payment Terms
Representations and Warranties
Force Majeure
Dispute Resolution
Governing Law
Assignment
Third Party Rights
Severability
Entire Agreement
Amendment
Waiver
Costs and Expenses
Confidentiality
Survival
Legal Compliance
Execution
Relevant Industries
Construction
Manufacturing
Financial Services
Sports and Recreation
Entertainment
Healthcare
Tourism and Hospitality
Transportation
Professional Services
Real Estate
Mining
Education
Technology
Retail
Relevant Teams
Legal
Risk Management
Compliance
Operations
Finance
Corporate Secretariat
Insurance
Commercial
Business Development
Health and Safety
Facilities Management
Project Management
Relevant Roles
Legal Counsel
Risk Manager
Compliance Officer
Contract Manager
Business Development Manager
Operations Director
Chief Financial Officer
Chief Executive Officer
Company Secretary
Insurance Manager
Project Manager
Event Coordinator
Facility Manager
Health and Safety Officer
Commercial Director
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