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Release and Waiver Template – South Africa
A release and waiver is a legal agreement in which one party surrenders the right to pursue a claim against another. Our free South African release and waiver template is suitable for settling disputes, releasing liability for activities, and finalising employment terminations under South African law.
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ACTIVITY WAIVER AND INDEMNITY AGREEMENT
RELEASEE
Outdoor Adventures SA (Pty) Ltd
45 Long Street, Cape Town 8001
Reg No 2015/234567/07
Reg No 2015/234567/07
By: Johan van der Berg, Managing Director
RELEASOR
Sipho Nkosi
14 Protea Avenue, Pretoria 0181
Effective: 25 April 2026
Activity-Specific Waiver
This Activity Waiver and Indemnity Agreement ("Agreement") is entered into on 25 April 2026 by and between Outdoor Adventures SA (Pty) Ltd ("Releasee") and Sipho Nkosi ("Releasor"). In consideration of Participation in the Doring River white-water rafting excursion on 25 April 2026, and other good and valuable consideration (the receipt and sufficiency of which the Releasor hereby acknowledges), the parties agree as follows:
1.
DESCRIPTION OF ACTIVITY
The Releasor wishes to participate in the following activity or event organised, facilitated, or permitted by the Releasee: White-water rafting excursion on the Doring River, including shuttle transport to and from the put-in point, all rafting activities, and post-activity refreshments ("Activity"). The Releasor acknowledges having been fully informed of the nature, risks, and requirements of the Activity prior to executing this Agreement.
2.
ACKNOWLEDGEMENT OF RISKS
The Releasor acknowledges and understands that the Activity involves inherent risks, dangers, and hazards, including but not limited to: physical injury, property damage, illness, and death, whether caused by the negligence of the Releasee, its employees or agents, or by other causes. The Releasor accepts these risks freely and voluntarily, having had the opportunity to seek independent legal advice before signing this Agreement.
3.
RELEASE AND WAIVER
The Releasor, on behalf of themselves, their heirs, executors, administrators, personal representatives, and assigns, hereby irrevocably releases, waives, discharges, and covenants not to sue the Releasee, its shareholders, officers, directors, employees, servants, agents, successors, and assigns ("Released Parties") from and against any and all claims, demands, damages, losses, costs, expenses, and causes of action of any nature whatsoever arising out of or in connection with the Activity, including claims resulting from the ordinary negligence of any Released Party. This release does not apply to claims arising from the gross negligence or intentional acts of any Released Party, as such a waiver would be contrary to public policy under the Consumer Protection Act 68 of 2008 where the Releasor is a consumer.
4.
INDEMNITY
The Releasor agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all third-party claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including reasonable attorney's fees, arising out of or related to the Releasor's conduct in connection with the Activity, to the extent that such claims are not caused by the gross negligence or intentional acts of the Released Parties.
5.
CONSUMER PROTECTION ACT NOTICE
The Releasor is advised that certain rights conferred by the Consumer Protection Act 68 of 2008 cannot be waived by agreement. Nothing in this Agreement shall be construed as a waiver of: (a) the Releasor's right to safe, good quality services under section 54 of the CPA; (b) the implied warranty under sections 55–56 of the CPA; or (c) the Releasor's right to lodge a complaint with the relevant Consumer Tribunal under section 69 of the CPA. Any provision of this Agreement that purports to limit or exclude the Releasee's liability for grossly negligent or intentional harm to a consumer shall be of no force or effect.
6.
MEDICAL AUTHORISATION
In the event of injury or illness arising during the Activity, the Releasor authorises the Releasee and its representatives to obtain emergency medical treatment on the Releasor's behalf. The Releasor agrees to bear all costs of such medical treatment, unless the injury is directly caused by the gross negligence or intentional act of the Releasee.
7.
VOLUNTARY EXECUTION
The Releasor confirms that: (a) they have read and fully understand this Agreement; (b) they have been given sufficient time and opportunity to seek independent legal advice; (c) they are signing this Agreement freely and voluntarily, without duress or undue influence; (d) they are of legal age and sound mind; and (e) if signing in a representative capacity, they have full authority to bind the entity on whose behalf they sign.
8.
SEVERABILITY
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, lawful, and enforceable, or severed from the Agreement, and the remaining provisions shall continue in full force and effect.
9.
GOVERNING LAW AND JURISDICTION
This Agreement is governed by and construed in accordance with the laws of the Republic of South Africa. The parties irrevocably submit to the non-exclusive jurisdiction of the High Court of South Africa, Western Cape Division, for the resolution of any dispute arising out of or in connection with this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated.
RELEASOR
Sipho Nkosi
SA ID No: 9204015800080
Date: ____________________
RELEASEE
Johan van der Berg
Managing Director
Outdoor Adventures SA (Pty) Ltd
Date: ____________________
Available as a print-ready PDF or an editable Microsoft Word (.docx) file.
What Is a Release and Waiver in South Africa?
A release and waiver is a written document in which the releasing party (the releasor) agrees to relinquish specific legal claims or rights against another party (the releasee) in exchange for consideration — typically a payment, benefit, or other valuable item. Once signed, the release bars the releasor from pursuing those claims before a South African court. It is used in a wide range of contexts including settlement of disputes, release of employers from activity-related liability, and finalisation of employment terminations through mutual separation agreements.
In South Africa, releases and waivers are governed by the common law of contract. A valid release requires the ordinary elements of a contract — offer, acceptance, consideration, capacity, and certainty — and must not be contrary to public policy. Courts in South Africa, including the Supreme Court of Appeal, scrutinise the language of releases carefully: a release will only extinguish rights that are clearly and unambiguously expressed to be released. Vague or general language may not be effective. Where the release is sought from a consumer under the Consumer Protection Act 68 of 2008, the CPA's prohibition on unfair contract terms and the requirement of fair, reasonable, and just terms apply.
One of the most common uses of releases in South African practice is the "Mutual Separation Agreement" or "Settlement Agreement and Mutual Release" that concludes the employment relationship. Under the Labour Relations Act 66 of 1995, a settlement agreement that has been made an order of the CCMA or the Labour Court is binding and enforceable. An unfair dismissal waiver contained in a separation agreement is enforceable in South Africa provided it was concluded voluntarily, with the employee having had the opportunity to obtain legal advice, and for adequate consideration. A release obtained under duress or undue influence may be set aside by the CCMA, Labour Court, or High Court.
What's Covered in This Template
Our South African release and waiver template is structured to clearly and effectively release the specified claims.
Releasor and Releasee Details
Full names, identity or registration numbers, and addresses of the party giving and receiving the release.
Recital of Background Facts
Brief statement of the incident, dispute, or relationship giving rise to the potential claims being released.
Consideration
Statement of the payment in ZAR (R) or other consideration provided in exchange for the release.
Scope of Release
Precise identification of the claims, rights, causes of action, and demands being released by the releasor.
Known and Unknown Claims
Optional extension of the release to include claims the releasor is not currently aware of, where permissible under South African law.
Related Parties
Extension of the release to cover related persons, employees, officers, and agents of the releasee.
Non-Disparagement
Optional clause preventing the releasor from making disparaging statements about the releasee following the release.
Confidentiality
Optional confidentiality obligation on the terms of the release and the underlying dispute.
Exclusions from Release
Specific claims or rights expressly preserved and excluded from the release.
Indemnity Clause
Releasor's obligation to indemnify the releasee against any further claims brought by the releasor in respect of released matters.
Governing Law
South African law governs the release, with the appropriate South African court having jurisdiction.
How to Create a Release and Waiver in South Africa
Follow these steps to produce a clear and effective South African release and waiver.
- 1
Identify the Parties and Background
Record the parties' details and briefly describe the incident or dispute giving rise to the claims being released.
- 2
Define the Scope of Release Precisely
Clearly identify the specific claims, rights, and causes of action being released — vague language may not be enforceable in South African courts.
- 3
State the Consideration
Record the payment in ZAR (R) or other consideration being provided in exchange for the release.
- 4
Address Exclusions and Confidentiality
Specify any claims excluded from the release and include any confidentiality or non-disparagement obligations.
- 5
Review and Sign
Review the release for South African legal compliance, download the PDF, and have both parties sign with their respective witnesses.
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Legal Considerations
South African releases must be precisely drafted — courts construe them strictly against the party seeking to rely on them.
This template is for informational purposes only and does not constitute legal advice. Consult a qualified South African attorney for advice specific to your situation.
Reviewed for South African law
Contra Proferentem and Strict Construction
South African courts construe releases and exemption clauses strictly, applying the contra proferentem rule: ambiguous language is construed against the party seeking to rely on it. The release must clearly and unambiguously express which rights are being surrendered. A general release purporting to release "all claims whatsoever" may be effective for claims known at the time of signing but may not cover claims of which the releasor was unaware unless explicitly stated. The release should therefore be as specific as possible in identifying the claims being released.
Employment Separation Agreements
A settlement agreement that waives an employee's right to pursue an unfair dismissal claim at the CCMA is enforceable in South Africa if it was concluded voluntarily, the employee understood the rights being waived, and adequate consideration was provided. South African courts and the CCMA will scrutinise agreements concluded under duress or where the employee did not have a fair opportunity to obtain legal advice. A CCMA or Labour Court Rule 14 settlement agreement provides the strongest protection as it is enforceable as a court order.
CPA and Consumer Waivers
Under the Consumer Protection Act 68 of 2008, a release that requires a consumer to waive their statutory rights under the CPA, or that is found to be unfair, unreasonable, or unjust, may be declared invalid by the National Consumer Tribunal or a South African court. The CPA's protections for personal safety — including the right to safe, good-quality goods and services — cannot be waived in a consumer context. Liability waivers for recreational or adventure activities in South Africa are subject to CPA scrutiny and should be carefully drafted to avoid being struck down.
Frequently Asked Questions
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