1 DISCLAIMER/INDEMNITY
1.1 While every care will be taken by the Kruinkloof Homeowners Association (“HOA”) to
perform its function to the best of its ability and to promote the interests of all Members in
relation to the Common Areas (as defined in the MOI of the HOA), neither the HOA (or
their directors, appointees and/or representatives) shall be liable for any loss
(consequential or otherwise), damage, injury and/or death, cost, interest or expense which
the HOA may hereafter be liable for, pay, incur or sustain in connection with any action,
proceedings, or claim being instituted against it by any party whomsoever, directly or
indirectly arising from or related to the carrying out of the functions of the HOA.
1.2 It is expressly agreed that the HOA in its sole discretion may resolve any action,
proceedings or claims instituted against it, without consultation with any other party which
may be affected.
1.3 In the event of any Member, tenant, or occupier or any of its respective customers, clients,
guests, invitees or agents (referred to collectively as “defaulters”) failing to adhere to any
conduct rules applicable to the Common Areas and such failure leading to any action
being instituted against the HOA or their directors, employees or agents, then and in that
event such defaulter shall indemnify and hold harmless and keep indemnified the HOA
against all loss (consequential or otherwise), damage, injury and/or death, cost, interest
and expense which the HOA may hereafter be liable for, pay, incur or sustain in connection
with any action, proceedings, or claim being instituted against it by any party whatsoever,
directly or indirectly arising from or related to the carrying out of the functions of the HOA
or the Common Areas.
1.4 Each Member indemnifies the HOA (including its employees and agents) and holds it
harmless against all claims of any nature whatsoever which may be made or instituted in
relation to the conduct rules and/or the MOI, by any of the Members (or their respective
employees, agents, servants, invitees, customers or any member of the public dealing
with the HOA and/or the Common Areas, such other Member or any of their respective
tenants, employees, agents, servants, customers or any member of the public) against
the HOA (including its employees and agents) in its capacity as owner of any Common
Areas or its appointed agent.