Many schools have asked ISASA for advice on the vexed issue of indemnities and waivers, which independent schools often ask parents to sign before their children are taken on various sorts of excursions and trips. Typically, these contracts incorporate a waiver of and indemnity against claims arising from injury to or death of the child, or loss of, or damage to the child’s property.
Apart from the moral issues involved when schools require the signing of such a contract, there are legal considerations that need to be taken into account. In response to all the requests, a range of legal opinions have been sought regarding the law and its application in this area. ISASA believes that what follows will provide the independent schools of Southern Africa with the safest interpretation of the legal implications pertaining to indemnities and waivers.
This advice is useful for all independent schools, but has particular relevance for schools in the Gauteng Province.
