PROGRAMME TERMS AND CONDITIONS
IMPORTANT NOTICE TO PARTICIPANTS
Please read these Terms and Conditions carefully before registering. They contain important provisions that limit the liability of Torchbearers South Africa and require you to assume certain risks. In particular, your attention is drawn to clauses 7 (Indemnity and Assumption of Risk), 8 (Limitation of Liability) and 9 (Acknowledgement under the Consumer Protection Act), which appear in bold for emphasis. By registering, you confirm that these clauses have been brought to your attention in plain language and that you have had adequate opportunity to read, understand and seek clarification on them.
1. Registration and Payment
1.1. A completed registration form and payment of a non-refundable deposit of R 1,500.00 is required to secure a place.
1.2. Your place is only confirmed once the deposit has been received.
1.3. The remaining balance must be paid in full no later than 30 days before the programme start date.
1.4. Failure to make payment by the due date may result in your place being forfeited and offered to another participant, with no obligation on Torchbearers South Africa to refund any amount already paid.
1.5. All amounts are quoted in South African Rand (ZAR). Any bank charges or international transfer fees are for the participant’s account.
2. Cancellations and Refunds
2.1. All cancellations must be made in writing to info@torchbearerssouthafrica.org. The date of receipt of the written cancellation will determine the applicable refund.
2.2. Refunds will be made according to the following policy:
| Notice given before start date | Refund |
| More than 30 days | Full refund, less the non-refundable deposit |
| 15–30 days | 50% of the total programme fee |
| Less than 15 days, or non-attendance | No refund |
2.3. If you are unable to attend, you may request to transfer your place to another person, subject to prior written approval by Torchbearers South Africa. A credit toward a future programme may be offered at our sole discretion.
2.4. In cases of serious illness, bereavement or other unforeseen emergencies, refunds or credits may be considered at our sole discretion. Supporting documentation may be required.
2.5. Torchbearers South Africa reserves the right to cancel, postpone or reschedule the programme due to unforeseen circumstances, including but not limited to insufficient registrations, force majeure events, natural disasters, pandemics, government restrictions or safety concerns. In the event of cancellation by Torchbearers South Africa, participants will be offered either a full refund of programme fees paid or a credit toward a future programme.
2.6. Torchbearers South Africa shall not be liable for any personal travel costs, visa fees, accommodation, insurance premiums or any other costs incurred by participants in connection with the programme, whether or not the programme proceeds. Participants are strongly advised to arrange comprehensive travel and cancellation insurance.
2.7. Refunds will be processed within 30 days of approval and will be paid by electronic transfer to the account from which payment was originally received, unless otherwise agreed.
3. Programme Changes
3.1. The programme schedule, speakers, activities and venue arrangements may be adjusted at Torchbearers South Africa’s discretion due to weather, safety, operational requirements or other unforeseen circumstances.
3.2. Significant changes will be communicated in advance where reasonably possible. Minor adjustments do not constitute grounds for refund.
4. Participant Responsibility
4.1. Participants are responsible for:
a) their own personal belongings, valuables, travel documents and equipment;
b) arranging their own travel to and from the programme venue (unless an optional shuttle has been booked);
c) arranging adequate personal travel, medical and cancellation insurance (this is strongly recommended for all participants and essential for international participants);
d) ensuring they have valid travel documents, visas and any other permissions required to enter and remain in South Africa for the duration of the programme.
4.2. Torchbearers South Africa accepts no responsibility for loss, theft or damage to personal property during the programme.
5. Participation and Conduct
5.1. Participants are expected to engage respectfully with others and contribute positively to the group environment, in accordance with the Code of Conduct (Annexure A).
5.2. Torchbearers South Africa reserves the right to remove any participant from the programme whose behaviour is, in our reasonable opinion, disruptive, unsafe, unlawful or inconsistent with the values of the programme. In such cases, no refund will be provided and the participant will be responsible for their own travel and accommodation arrangements following removal.
6. Health, Safety and Medical
6.1. Participants warrant that they are physically and mentally fit to participate in the programme and any associated activities, and that there is nothing that may render them unfit to participate.
6.2. Participants must disclose in writing, at the time of registration, all relevant medical conditions, allergies, dietary requirements, mental health considerations and current medications. Torchbearers South Africa reserves the right to decline or limit participation where, in our reasonable opinion, participation may compromise the safety of the participant or others.
6.3. Participants warrant that all information provided on the registration form and any medical questionnaire is true, accurate and complete, and consent to such information being used by programme leaders for the purposes of the programme.
6.4. Participants agree to follow all safety instructions provided by programme leaders, facilitators and third-party activity providers.
6.5. Participants consent to receiving basic first aid if required and acknowledge that, in an emergency, programme leaders may seek emergency medical treatment on their behalf, the cost of which shall be for the participant’s account.
6.6. Participants under the age of 18 must provide written consent from a parent or legal guardian, together with emergency contact details, prior to the programme.
7. Indemnity and Assumption of Risk
Participants are advised to read this clause 7 carefully. By registering for the programme, you acknowledge and accept the risks set out below and agree to the indemnity and waiver of liability that follows.
7.1. Acknowledgement of risks
The participant acknowledges and accepts that the programme is held in a rural and natural environment in the foothills of the Drakensberg, and includes outdoor and recreational activities (including but not limited to hiking, trail running, mountain biking, river-based activities, swimming, sports activities and farm tours), which carry inherent risks. The participant specifically acknowledges that he/she may be exposed to the following risks, hazards and dangers:
a) natural elements, including but not limited to exposure to sun, heat, cold, rain, hail, wind, lightning, fire and flood;
b) wild and domesticated animals, reptiles, insects, parasites and plants which may cause injury, illness or allergic reactions;
c) waterborne diseases (including bilharzia) and other illnesses associated with rivers, dams and natural water bodies, and the risk of drowning or injury arising from entry into such waters;
d) uneven, rocky, slippery or otherwise hazardous terrain;
e) physical injury, exhaustion, dehydration, illness or death arising from participation in physical or outdoor activities;
f) the use of man-made apparatus, infrastructure, vehicles and equipment, which (despite all reasonable steps having been taken to maintain it) may not be entirely safe;
g) the actions or omissions of other participants, third parties or activity providers;
h) criminal activity (including poaching, theft or assault) which may occur in or around the programme location;
i) road travel, including travel by shuttle, vehicle or on foot to and from activity sites;
j) communicable diseases, including COVID-19 and any variants thereof.
The participant acknowledges that the above risks may cause serious injury, illness, loss or death, and voluntarily and freely assumes all such risks.
7.2. Indemnity and waiver
The participant, on behalf of themselves and their heirs, executors, administrators, dependants and assigns, hereby indemnifies, releases and holds harmless Torchbearers South Africa, its directors, trustees, organisers, employees, volunteers, facilitators, agents, contractors and affiliates (collectively, “the Indemnified Parties”) from and against any and all claims, actions, demands, costs, expenses, losses or damages of whatever nature — including claims for bodily injury, illness, death, emotional distress, loss of or damage to property — arising directly or indirectly from:
a) the participant’s participation in the programme or any associated activity;
b) the participant’s presence at the programme venue or any activity site;
c) any act or omission of the Indemnified Parties or any third party;
d) any of the risks, hazards and dangers referred to in clause 7.1;
irrespective of whether such claim arises from the negligence (excluding gross negligence or wilful misconduct) of the Indemnified Parties, from the defective functioning of any infrastructure, vehicle, apparatus or equipment, or from any other cause whatsoever.
7.3. The participant confirms that any other persons booked under their name (including minors and accompanying persons) are also aware of and bound by these Terms and Conditions, and that the participant has authority to agree to them on such persons’ behalf.
8. Limitation of Liability
8.1. To the fullest extent permitted by South African law, the total liability of Torchbearers South Africa to the participant arising out of or in connection with the programme shall not exceed the total programme fee paid by the participant.
8.2. Torchbearers South Africa shall not be liable for any indirect, consequential, incidental or special damages, including loss of income, loss of enjoyment, or costs of alternative arrangements.
8.3. Nothing in these Terms and Conditions excludes or limits liability for gross negligence, wilful misconduct, fraud or any other liability that cannot lawfully be excluded under South African law.
9. Consumer Protection Act Acknowledgement (Sections 48 and 49)
9.1. The participant confirms that:
a) Torchbearers South Africa has not required them to waive any rights, assume any obligations, or release Torchbearers South Africa from any liability on terms that are unfair, unreasonable or unjust;
b) the participant has read and understood these Terms and Conditions, including the indemnity and limitation of liability clauses, and does not consider them to be unduly one-sided or unfavourable;
c) the participant has not been supplied with any incorrect or misleading information;
d) the participant is aware that the indemnity contained in clause 7 limits the risk and liability of Torchbearers South Africa and transfers such risk to the participant, and imposes an obligation on the participant to indemnify Torchbearers South Africa and the Indemnified Parties;
e) the indemnity, limitation of liability and risk-assumption provisions in clauses 7, 8 and this clause 9 have been drawn to the participant’s attention in plain and understandable language, and the participant has had adequate opportunity to read, ask questions about and comprehend their terms before agreeing to them.
9. Consumer Protection Act Acknowledgement (a10. Media Consent and Personal Information (POPIA)Sections 48 and 49)
10.1. Torchbearers South Africa is committed to handling personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA).
10.2. By registering, the participant consents to:
a) the collection, processing and storage of their personal information (including contact, medical and dietary information) for the purposes of administering the programme, ensuring participant safety and complying with legal obligations;
b) the sharing of relevant information with programme leaders, facilitators, medical personnel, activity providers and shuttle providers to the extent necessary for the safe running of the programme.
10.3. Media consent: During the programme, photographs and video footage may be taken for use in Torchbearers South Africa’s ministry, communications, website, social media, marketing and promotional materials. By registering, the participant grants Torchbearers South Africa a non-exclusive, royalty-free, perpetual licence to use such images and footage for these purposes, and acknowledges that no compensation will be payable for such use.
10.4. Participants who do not wish to be photographed or recorded must notify Torchbearers South Africa in writing prior to the programme start date, and Torchbearers South Africa will take reasonable steps to honour this preference.
10.5. Personal information will be retained only for as long as necessary for the purposes for which it was collected, or as required by law. Participants have the right to access, correct or request deletion of their personal information by contacting info@torchbearerssouthafrica.org.
11. Force Majeure
11.1. Torchbearers South Africa shall not be liable for any failure to perform, or delay in performing, any of its obligations where such failure or delay arises from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, fire, flood, severe weather, epidemics or pandemics (including COVID-19 and any variants), acts of government, civil unrest, war, terrorism, strikes, infrastructure failures, or the unavailability of the venue or key personnel.
12. Governing Law and Jurisdiction
12.1. These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of South Africa.
12.2. The parties consent to the non-exclusive jurisdiction of the Magistrates’ Court having jurisdiction, notwithstanding that the amount in dispute may exceed the jurisdiction of that court.
13. General
13.1. If any provision of these Terms and Conditions is found to be unenforceable, the remaining provisions shall continue in full force and effect.
13.2. No relaxation or indulgence shown by Torchbearers South Africa shall constitute a waiver of any of its rights.
13.3. These Terms and Conditions, together with the registration form and any annexures, constitute the entire agreement between the parties.
14. Agreement
By registering for a Torchbearers South Africa programme, the participant confirms that:
a) they have read, understood and agree to these Terms and Conditions, including the indemnity, limitation of liability and risk-assumption provisions in clauses 7, 8 and 9;
b) they have had adequate opportunity to seek clarification or independent advice;
c) they are entering into this agreement freely and voluntarily.
ANNEXURE A: CODE OF CONDUCT
Torchbearers South Africa seeks to create a Christ-centred environment marked by respect, community and mutual encouragement. This Code of Conduct is intended to help foster a safe and positive experience for all participants.
Participants are expected to:
- Treat others with respect, kindness and consideration at all times;
- Engage positively in the programme and community life;
- Respect property, facilities and the natural environment;
- Follow reasonable instructions from programme leaders and facilitators;
- Act in a manner that upholds the values and spirit of the programme.
The following behaviours are not permitted:
- Use or possession of illegal substances;
- Abuse of alcohol, or any consumption that leads to behaviour which is unsafe, disruptive or inconsistent with the values of the programme;
- Any form of harassment, discrimination, bullying or intimidation;
- Any form of sexual misconduct or inappropriate physical contact;
- Disregard for personal boundaries or shared living spaces;
- Behaviour that is disruptive, unsafe, unlawful or inappropriate to the programme setting.
Safety and Wellbeing Participants are expected to conduct themselves in a way that does not endanger themselves or others, particularly during outdoor or group activities.
Breach of Code of Conduct Torchbearers South Africa reserves the right to take appropriate action in response to any breach of this Code of Conduct, including a verbal warning, written warning, or removal from the programme. In cases of removal, no refund will be provided, and the participant will be responsible for their own onward travel and accommodation arrangements.