Disclaimer, TERMS, Disclosure & Indemnity

TEAM BUILDER – Disclaimer, Terms and Conditions, Disclosure & Indemnity

By participating in any activity, event, camp, excursion, fundraiser, team-building session, trip, tour, or programme facilitated, organised, or arranged by TEAMBUILDER or INCLUSIVE BRANDS (“TEAM BUILDER and TEAM INCLUSIVE”),all participants, parents, guardians, schools, clubs, organisations, and representatives acknowledge and agree to the following terms and conditions:

1. Assumption of Risk

Participants voluntarily engage in activities that may involve physical exertion, outdoor movement, sports, travel, games, transport, and other dynamic or recreational exercises. Such activities naturally carry certain risks, including but not limited to:

Minor or serious injury
Accidents or unforeseen incidents
Illness, fatigue, dehydration, or physical discomfort
Environmental conditions including heat, cold, rain, wind, uneven terrain, insects, wildlife, or natural hazards
Risks associated with transport, accommodation, venues, and third-party service providers

Participants acknowledge that they fully understand these risks and voluntarily accept them.

2. Indemnity

TEAM BUILDER, including its directors, employees, facilitators, contractors, volunteers, agents, partners, suppliers, transport providers, and venue operators, shall be indemnified and held harmless against:

Any injury, illness, loss, damage, or death sustained by a participant
Any medical or emergency expenses arising from participation
Any theft, loss, or damage to personal belongings or property
Any claims, liabilities, costs, or damages arising from accidents, unforeseen incidents, participant behaviour, or third-party actions

This indemnity shall apply to the fullest extent permitted under South African law and includes claims arising from negligence, except where liability may not legally be excluded.

3. Weather, Environmental & Uncontrollable Circumstances

Participants acknowledge that certain activities, programmes, and events are dependent on weather conditions, venue availability, travel logistics, and other circumstances beyond the reasonable control of TEAM BUILDER.

TEAM BUILDER shall not be held liable for:

Delays, interruptions, or cancellations caused by adverse weather conditions
Changes to schedules, venues, accommodation, transport, or planned activities made for operational or safety reasons
Circumstances including strikes, transport failures, venue closures, civil unrest, natural disasters, emergencies, pandemics, or any force majeure event

TEAM BUILDER reserves the right to modify, postpone, substitute, or cancel any activity, event, or service where deemed necessary for safety, operational, or practical reasons, without liability for compensation unless otherwise agreed in writing.

4. Responsibility of Participants

Participants, and parents or guardians in the case of minors, agree to:

Follow all reasonable instructions issued by TEAM BUILDER staff and facilitators
Conduct themselves responsibly, respectfully, and lawfully
Disclose any relevant medical conditions, allergies, injuries, disabilities, or limitations prior to participation
Accept responsibility for any conduct or actions that may cause harm, injury, damage, or disruption to themselves, other participants, staff, or property

Failure to comply with instructions, safety rules, or acceptable standards of behaviour may result in removal from the activity, event, or programme without refund.

5. Medical Treatment & Emergency Consent

In the event of illness, injury, or emergency, TEAM BUILDER is authorised to:

Obtain appropriate medical treatment or assistance
Contact emergency services and medical practitioners
Act in the best interests of the participant where urgent decisions are required

All medical, transport, hospital, or emergency-related costs incurred shall remain the responsibility of the participant, parent, guardian, school, club, organisation, or responsible party.

6. Terms of Payment

6.1 Payment Due Date

All invoices issued by TEAM BUILDER must be paid in full no later than thirty (30) calendar days prior to the commencement date of the applicable trip, tour, event, programme, or service booked.

6.2 Responsibility for Bookings and Quotations

Any individual requesting a quotation, making a booking, or arranging a trip, event, or service shall be deemed the responsible party (“the Initiator”), regardless of whether such request is made on behalf of a school, club, institution, organisation, company, or any other third party.

The Initiator warrants that they are duly authorised to act on behalf of such entity and accepts full responsibility for all obligations arising from the booking.

6.3 Acceptance of Invoice and Terms

Payment of any deposit, instalment, or partial payment following the issuance of an invoice shall constitute full acceptance of:

The invoice
These Terms, Conditions, Disclosure & Indemnity provisions
Any associated booking conditions communicated by TEAM BUILDER

6.4 Deposits

TEAM BUILDER reserves the right to require an upfront deposit for any booking, trip, tour, event, or programme.

Any required deposit amount and applicable payment deadlines shall be specified in writing on the quotation, booking confirmation, or invoice.

6.5 Failure to Make Payment

Should full payment not be received by the specified due date, TEAM BUILDER reserves the right to suspend services, postpone or cancel the booking without further notice.

6.6 Changes to Booking Dates & Resulting Costs

Should the client, school, organisation, club, or Initiator request any change to the confirmed dates of a trip, tour, event, camp, or programme after the original quotation or invoice has been issued, TEAM BUILDER reserves the right to revise pricing accordingly.

All prices quoted and invoiced are based strictly on the originally confirmed participants and dates only. Any change in numbers and dates may result in additional costs, including but not limited to:

Fuel price increases
Transport or vehicle rate increases
Accommodation or room rate changes
Venue cost increases
Service provider, activity provider, catering, or supplier rate changes
Seasonal pricing adjustments or availability surcharges

Where any additional costs are incurred as a result of the requested date change, such additional amounts shall be for the account of the client, school, organisation, or Initiator requesting the change.

TEAM BUILDER shall not be liable to absorb any increased costs arising from amendments requested after confirmation of the original booking dates.

6.7 Cancellation, Non-Payment, and Financial Liability

In the event of any cancellation, withdrawal, suspension, postponement, termination, or inability to proceed with the booking, event, tour, service, or agreement for any reason whatsoever, including but not limited to non-payment, late payment, partial payment, breach of agreement, participant withdrawal, force majeure, change of plans, visa or travel issues, medical reasons, weather conditions, transport disruptions, venue changes, or any act or omission by the client, participant, school, organization, parent, sponsor, or third party, the following shall apply:

a) TEAM BUILDER shall be entitled to immediately cancel or suspend the booking or services without prejudice to any other rights available in law or under this agreement.

b) A non-refundable cancellation penalty equal to fifty percent (50%) of the total invoiced amount shall automatically become due and payable immediately upon cancellation, irrespective of whether the cancellation is initiated by the client, participant, school, organization, parent, sponsor, or TEAM BUILDER due to breach or non-compliance.

c) In addition to the cancellation penalty, the client shall remain fully liable for all non-recoverable, committed, incurred, reserved, prepaid, contracted, or third-party costs, expenses, supplier charges, administration fees, banking charges, transport costs, accommodation costs, activity costs, staffing costs, and any other expenses incurred by TEAM BUILDER up to the date of cancellation.

d) Where the actual losses, damages, penalties, supplier charges, or costs incurred by TEAM BUILDER exceed fifty percent (50%) of the total invoiced amount, TEAM BUILDER reserves the right to recover the full outstanding balance and any additional damages or losses suffered.

e) No refund shall be guaranteed under any circumstance. Any refund, credit, or transfer shall be entirely at the sole and absolute discretion of TEAM BUILDER and shall only be considered after deduction of all applicable penalties, damages, losses, administration fees, and non-recoverable costs.

f) Any payments made shall first be allocated toward outstanding penalties, damages, administration fees, legal costs, interest, and non-recoverable expenses before any refund consideration is made.

g) TEAM BUILDER shall not be liable for any indirect losses, consequential damages, missed opportunities, travel expenses, emotional distress, reputational damages, or third-party costs arising from any cancellation or termination.

h) The client acknowledges and agrees that the cancellation penalties contained herein are fair, reasonable, necessary, and proportionate to protect TEAM BUILDER against financial loss, operational disruption, supplier commitments, and administrative burdens arising from cancellations and payment defaults. Any approved refund, where applicable, shall only be processed within thirty (30) business days after the cancellation, dispute, reconciliation of accounts, supplier settlements, and all related matters have been fully resolved and finalized by TEAM BUILDER.

6.8 Liability of the Initiator

The Initiator shall remain personally liable for all amounts due and payable under the invoice, irrespective of the organisation, school, club, institution, or third party they represent.

TEAM BUILDER acts in good faith on the understanding that the Initiator possesses the authority to bind the represented entity to all booking, payment, and contractual obligations.

7. Photography, Media & Promotional Consent

Participants acknowledge and agree that photographs, videos, recordings, and media content may be captured during activities, events, camps, tours, or programmes facilitated by TEAM BUILDER.

Unless expressly declined in writing prior to the event, participants grant TEAM BUILDER permission to use such content for:

Marketing and promotional purposes
Social media and website content
Printed material, presentations, and advertising
Internal training and documentation purposes

No compensation shall be payable for such use.

8. Personal Property

Participants are solely responsible for the safekeeping of their personal belongings, including clothing, equipment, electronics, money, and valuables.

TEAM BUILDER accepts no responsibility for the loss, theft, or damage of any personal property brought to or used during any activity, trip, event, or programme.

9. Governing Law

This Disclaimer, Disclosure, Indemnity, and Terms Agreement shall be governed and interpreted in accordance with the laws of the Republic of South Africa.

Any dispute arising from participation in TEAM BUILDER activities or services shall fall under the jurisdiction of the appropriate South African courts.

10. Acceptance

By signing up for, attending, participating in, or making payment toward any TEAM BUILDER activity, programme, trip, event, or service, the participant and/or parent, guardian, school, club, organisation, or responsible party acknowledges that:

They have read and understood this Disclaimer, Terms, Disclosure & Indemnity Agreement
They voluntarily accept and agree to all terms contained herein
They waive any right to institute claims against TEAM BUILDER beyond what is permitted under applicable law
They confirm that the information provided to TEAM BUILDER is accurate and complete to the best of their knowledge