This Indemnity and Acceptance of Risk (“Indemnity”) is given by the parent or legal guardian (“Parent”) to HomeRun Private Transport (Pty) Ltd (registration number 2026/179872/07) (“HomeRun”, “we”, “us”, “our”), and supplements and forms part of the HomeRun Terms and Conditions of Use (“Terms”). Words defined in the Terms (including Parent, Learner, Trip, Vehicle and Crew) have the same meaning in this Indemnity. By making a booking, paying for a Trip, or allowing a Learner to travel on a HomeRun Vehicle, the Parent accepts this Indemnity, together with the Terms, on their own behalf and on behalf of the Learner.
1.Acceptance of risk. The Parent acknowledges that road travel carries inherent risks. The Parent agrees that the transport of the learner by HomeRun, including boarding, travelling and disembarking, and the period before collection and after drop-off, is undertaken entirely at the Parent’s own risk, subject to the laws governing public passenger road transport in South Africa.
2.Waiver. To the fullest extent permitted by law, the Parent, on their own behalf and on behalf of the learner, waives any claim against HomeRun, its directors, employees, Crew, agents and contractors for any loss, damage, injury or illness sustained by the learner, the Parent, or their property in connection with the service.
3.Indemnity. The Parent indemnifies and holds harmless HomeRun, its directors, employees, Crew, agents and contractors against any claim, demand, loss, damage, cost or expense (including legal costs) arising from:
- the learner’s conduct, or any breach of these Terms by the Parent or learner;
- any failure to wear a seatbelt or to follow the instructions of the Crew;
- incorrect, incomplete or undisclosed information, including information about allergies or medical conditions;
- any claim brought by a third party arising from the learner’s actions.
4.Emergency medical treatment. If the learner is injured or becomes ill during a Trip and the Parent cannot be reached immediately, the Parent authorizes HomeRun and its Crew to call emergency services and to consent on the Parent’s behalf to any emergency medical treatment that a medical practitioner considers necessary. All costs of such treatment are for the Parent’s account.
5.Acceptance. By ticking the acceptance box at checkout and completing a booking, the Parent confirms that:
- they are the parent or legal guardian of the learner, or are authorized by them;
- they have read and understood the Terms and this Indemnity, and this Indemnity in particular;
- the learner is, to the best of the Parent’s knowledge, fit and healthy to travel on the day of each Trip, and free of any illness, injury or condition (including a contagious illness) that would make travel unsafe, as required by clauses 5.7 and 5.8 of the Terms, and that any medical condition on file (such as epilepsy) and its action plan are kept up to date;
- this Indemnity was brought to their attention before payment, and they accept it freely and voluntarily.
6.General. This Indemnity is governed by the laws of the Republic of South Africa. If any part of this Indemnity is found to be invalid or unenforceable, the remaining parts remain in full force. Nothing in this Indemnity excludes or limits any liability that cannot lawfully be excluded or limited.