LSG has been offering Professional, Public and Employers Liability insurance to the Health and Fitness Industry for in excess of 20 years. This has made us the lead provider of risk transfer mechanisms in this industry in South Africa. Our Fit Sure product is tailor made for Health and Fitness Professionals and with this comes the ‘Peace of Mind’ that you are covered against your legal liability to third parties for as little as R520 per year.
Page 1 of 13 LSG (PIPL) TRAINERS SCHEME SHA 07-15 (V.3)
Professional Indemnity Insurance
(including optional Public Liability)
THE LSG GROUP AND PERSONAL TRAINERS SCHEME
This is to certify that in accordance with the authorisation granted to
STALKER HUTCHISON ADMIRAL (PTY) LTD
(Reg. No. 1985/000368/07 and FSP No. 2167)
(Reg. No.1918/001680/06 and FSP No. 3416)
and in consideration of, and conditional upon, the prior payment of the Premium by or on behalf of the Insured and receipt thereof by or on behalf of the Insurers, the Insurers are hereby bound to insure in accordance with the terms, Exclusions, Conditions and limitations contained herein or endorsed hereon.
The Insurance Contract is conditional upon and will only come into effect following payment of the Premium by the Insured and the receipt thereof by or on behalf of the Insurers. Page 2 of 13 LSG (PIPL) TRAINERS SCHEME SHA 07-15 (V.3)
The Insured having made a written proposal to Insurers and/or otherwise submitted particulars and statements constituting the risk profile, which proposal and/or risk profile shall form the basis of this insurance, the Insurers will indemnify the Insured in accordance with the terms, Exclusions, Conditions and limitations contained herein or endorsed hereon.
2. INSURING CLAUSE
The indemnity granted by this Policy applies to all claims first made against the Insured and notified to the Insurers during the Period of Insurance (subject to the provisions of General Condition 9.2) and in respect of which the Insured shall become legally liable to pay compensation, including claimants' costs fees and expenses arising out of and in the course of the Business and as set out in Sections One and Two hereof.
This shall be in accordance with the law of any country but not in respect of any judgement, award, payment or settlement made within countries which operate under the laws of North America (or to any order made anywhere in the world to enforce such judgement, award or settlement either in whole or in part).
3. DEFENCE COSTS ( and ancillary claims costs )
3. 1 The Insured shall render at their own cost all such assistance as the Insurers may require in order to investigate defend or settle any claim and shall arrange to be available at their own cost for such interviews as may be required by the Insurers or any advisers or legal representatives appointed by the Insurers.
3. 2 The Insurers will pay any expenses incurred by the Insured (excluding such costs mentioned in 3.1) in order to assist with the investigation defence or settlement of any claim made against the Insured and the costs of representation at any inquest, inquiry or other proceedings in respect of matters which have a direct relevance to any claim made or which might be made against the Insured, provided such claim or claims are the subject of indemnity by this Policy and the Insurers prior written consent is obtained.
3.3 All costs, fees and expenses incurred by the Insurers or at their instance in the investigation defence or settlement of any claim made against the Insured and the costs of representation at any inquest, inquiry or other proceedings in respect of matters which have a direct relevance to any claim made or which might be made against the Insured shall be deemed to be costs, fees and expenses incurred by the Insured with the prior consent of the Insurers.
4. LIMIT OF INDEMNITY
4.1 The total liability of the Insurers, in terms of the Insuring Clause:
a) Per Claim or series of claims arising from one originating cause or source, including interest thereon, all claimants’ costs, fees and expenses and Defence Costs;
b) in respect of all claims Per Policy Period;
shall not exceed the Limit of Indemnity stated in the Schedule. Page 3 of 13 LSG (PIPL) TRAINERS SCHEME SHA 07-15 (V.3)
4.2 Where applicable, the Insurers will indemnify the Insured for any Value Added Tax (VAT) obligation that may be incurred in addition to the Limit of Indemnity.
For the purpose of determining the indemnity granted :
5.1 “Business” shall mean the business identified in the Schedule.
5.2 “Environmental Impairment / Pollution” shall mean the emission, discharge, release, dispersal, disposal, seepage or escape of solid, liquid, gaseous or thermal contaminants or irritants, including vapours, smell, odours, humidity, fumes; smoke, soot or other airborne particulates; acids, alkalis, chemicals and waste; electromagnetic waves, noise, vibrations; other emission of effluent or noxious substances into or upon the soil, the atmosphere or any watercourse or body of water which changes the natural state or condition of the soil, the atmosphere or any watercourse or body of water other than by a sudden, accidental and identifiable event; the depositing or storing of effluent, noxious substances, nuclear material or nuclear waste and the breach of any legislation relating to the aforegoing.
5.3 "The Insured" shall include :
a) the Company, Partnership, Close Corporation, Association or Person named in the Schedule (hereinafter in this definition referred to as the "Insured");
b) any present (including appointments made during the Period of Insurance) or former Director, Partner, Member, Principal or “In-house” Consultant of the Insured;
c) any present or former employee of the Insured in respect of those activities that are conducted within the course and scope of that employees employment with the Insured;
d) any predecessors of the Insured but only to the extent that liability attaches to the Insured;
e) in the event of the death, incapacity, insolvency or bankruptcy of any person treated as the Insured (in respect of claims against such person) his estate, legal representatives and/or heirs.
5.4 "Deductible" shall mean that first amount of each and every claim to be borne by the Insured, it being understood and agreed that if any expenditure is incurred by the Insurers which, by virtue of the Deductible, is the responsibility of the Insured, then such expenditure shall be forthwith reimbursed by the Insured.
The Deductible shall apply Per Claim or series of claims arising from one originating cause or source.
5.5 “Vehicle” means any land Vehicle or trailer (including any machinery or apparatus attached thereto) whether or not subject to Vehicle regulation and whether or not self-propelled.
5.6 "Professional Duties" shall mean the activities and duties which would fall within the normal scope of duties performed by a professionally qualified person properly registered in terms of the current applicable Act/s that governs such profession and field of business, as stated in the Schedule / Certificate. Page 4 of 13 LSG (PIPL) TRAINERS SCHEME SHA 07-15 (V.3)
5.7 “North America” shall mean the United States of America (being the fifty states of the union plus the District of Columbia), Canada and any territory operating under the laws of or subject to the jurisdiction of courts of the afore-mentioned territories.
5.8 “Product” shall mean any property after it has left the custody or control of the Insured which has been designed, specified, formulated, manufactured, constructed, installed, sold, supplied, distributed, treated, serviced, altered or repaired by or on behalf of the Insured, but shall not mean food and drink supplied by or on behalf of the Insured primarily to the Insured’s employees as a staff benefit.
6. SECTION ONE – PROFESSIONAL INDEMNITY
The Insurers will indemnify the Insured under this section against their legal liability to pay compensation (including claimants' costs, fees and expenses) as a result of any actual or alleged (other than by the Insured) negligent act, error or omission in the performance of the professional Duties of the Insured undertaken in the course of the Business.
The Insurers shall not be liable to indemnify the Insured in respect of claims arising from breach of contract unless such breach is a breach or alleged breach of professional duty by the Insured or any other person upon whom the Insured has placed reliance.
7. SECTION TWO - PUBLIC LIABILITY ( If stated in the Certificate to apply )
The Insurers will indemnify the Insured under this Section against their legal liability for claims arising out of:
a) accidental death, bodily injury, illness or disease of or to any person;
b) accidental loss of possession or control of or actual damage to property;
arising out of and in the course of the Business.
This Section does not cover liability for claims arising out of:
1. The ownership, possession or use by or on behalf of the Insured of any motor Vehicle or trailer for which compulsory insurance is required by legislation, other than claims :
a) caused by the use of any tool or plant forming part of or attached to or used in connection with any motor Vehicle or trailer;
b) arising beyond the limits of any carriageway or thoroughfare caused by the loading or unloading of any motor Vehicle or trailer;
c) arising out of any motor vehicle or trailer temporarily in the Insured's custody or control for the purpose of parking; Page 5 of 13 LSG (PIPL) TRAINERS SCHEME SHA 07-15 (V.3)
2. Liability for which compulsory insurance is required by legislation governing the use of any motor Vehicle or trailer;
3. The ownership, possession or use by or on behalf of the Insured of any aircraft, watercraft or hovercraft;
4. Damage to property owned, leased or hired or under hire purchase or on loan to the Insured or otherwise in the Insured's care custody or control other than:
a) premises (or the contents thereof) temporarily occupied by the Insured for work therein, or other property temporarily in the Insured's possession for work thereon (but no indemnity is granted for damage to that part of the property on which the Insured is or has been working and which arises out of such work);
b) employees' and visitors' clothing and personal effects;
c) premises tenanted by the Insured (but only to the extent that the Insured would be held liable in the absence of any specific agreement);
5. arising out of:
a) any Environmental Impairment / Pollution occurring during the Period of Insurance that did not arise as a result of the Insured’s failure to take reasonable precautions.
b) any contravention of Pollution and / or Environmental Laws.
c) delays in projects requiring official regulatory Environmental approval.
7.3 SPECIAL PROVISIONS
1. INDEMNITY TO OTHERS
The indemnity granted by this Section extends to :
a) any party who enters into an agreement with the Insured for any purpose of the Business, but only to the extent required by such agreement and subject always to Exclusion 7.2.4 (c) and General Exclusion 8 (a) 4;
b) officials of the Insured in their business capacity arising out of the performance of the Business or in their private capacity arising out of their temporary engagement of the Insured's employees;
c) the officers, committee and members of the Insured's canteen, social, sports, medical, fire fighting and welfare organisations in their respective capacities as such;
d) the personal representatives of the estate of any person who would otherwise be indemnified by this Policy, but only in respect of liability incurred by such person.
Provided always that such persons or parties shall observe, fulfil, and be subject to the terms, Exclusions, Conditions and limitations of this Policy as though they were the Insured.
2. CROSS LIABILITIES
Each person or party indemnified is separately indemnified in respect of claims made against any of them by any other, subject to the total liability of the Insurers not exceeding the stated Limit of Indemnity.
3. POLLUTION Page 6 of 13 LSG (PIPL) TRAINERS SCHEME SHA 07-15 (V.3)
In respect of claims arising out of Pollution the Limit of Indemnity represents the total amount of the Insurers’ liability in respect of all claims made during the Period of Insurance.
7.4 EXTENSIONS (If stated in the Certificate to apply)
The following Extensions, unless specifically varied herein :
a) shall be subject to the relevant Indemnity Limits and Excesses stated in the Schedule to apply to the Extensions;
b) are subject otherwise to the terms, Exclusions, Conditions and limitations of the Policy;
PROVIDED ALWAYS THAT the total liability of the Insurers is not increased beyond that which would have applied in the absence of such Extensions.
1. STATUTORY DEFENCE COSTS
Notwithstanding anything to the contrary contained in this Policy, the Insurers will indemnify the Insured in respect of legal costs, fees and expenses incurred with the consent of the Insurers in the defence of any criminal action brought against the Insured during the Period of Insurance as a result of the alleged contravention of any Statute governing the conduct of the business (other than Statutes governing the ownership or use of motor vehicles, the Labour Relations Act No.66 of 1995 or the Companies Act No. 61 of 1973 ) and as read in conjunction with the Criminal Procedure Act No. 56 of 1955.
PROVIDED ALWAYS THAT :
a) no indemnity shall be granted for fines or penalties;
b) in the case of an Appeal, the Insurers shall not indemnify the Insured unless a Senior Counsel (to be agreed to by the Insurers) shall advise that such Appeal should be likely to succeed.
2. WRONGFUL ARREST
Notwithstanding anything contained herein to the contrary, the Insurers will indemnify the Insured under Section Two in respect of claims arising out of Wrongful Arrest (as hereinafter defined) committed or alleged (other than by the Insured) to have been committed by the Insured in the course of the Business
PROVIDED ALWAYS THAT :
a) for the purposes of this Extension, the terms “Wrongful Arrest” shall mean :
i) assault committed or alleged to have been committed at the time of making or attempting to make an arrest or in resisting an overt attempt to escape by a person under arrest before such person has been or could be placed in the custody of the police or a law enforcement officer;
ii) defamation, injuria, false imprisonment or malicious prosecution either committed or alleged to have been committed directly in Page 7 of 13 LSG (PIPL) TRAINERS SCHEME SHA 07-15 (V.3)
connection with an arrest or arising out of the investigation of acts of shoplifting or theft;
iii) wrongful discharge of any employee.
b) no indemnity shall be granted in respect of claims :
i) made against the Insured by any person or persons other than those being or having been or alleged to have been arrested or under arrest, or their personal representatives;
ii) made against the Insured by any Director, Partner or employee of the Insured, or their personal representatives;
iii) arising out of unfair labour practice as within the meaning of the Labour Relations Act 66 of 1995 as amended from time to time;
c) the total liability of the Insurers under this Extension shall not exceed the Limit of Indemnity in respect of all claims made against the Insured during the Period of Insurance.
Notwithstanding anything contained herein to the contrary, the indemnity granted by Section Two extends to include claims arising out of defamatory statements, whether written or verbal, made by the Insured.
PROVIDED ALWAYS THAT :
a) no indemnity shall be granted in respect of claims :
i) which form the subject of Extension 7.4.2 (Wrongful Arrest);
ii) arising out of any publication in any journal, magazine or newspaper or on radio or television;
b) the total liability of the Insurers under this extension shall not exceed the Limit of Indemnity in respect of all claims made against the Insured during the Period of Insurance.
8(a) GENERAL EXCLUSIONS APPLICABLE TO ALL SECTIONS
The Insurers shall not be liable to indemnify the Insured in respect of claims :
1. a) arising from circumstances known to the Insured at the inception or renewal date of this Policy,
b) arising from any circumstances notified to the insurers of any other policy prior to the inception date hereof;
2. arising out of any act, error or omission, or such cause of any other risk indemnifiable under this Policy, committed or occurring prior to the Retroactive Date stated in the schedule;
3. for any death, bodily or mental injury , disease or illness to any person employed by the Insured under a contract of service or apprenticeship or training which arises out of or in the course of such employment; Page 8 of 13 LSG (PIPL) TRAINERS SCHEME SHA 07-15 (V.3)
4. arising out of liquidated damages clauses, penalty clauses or performance warranties except to the extent that it can be proved that liability would have attached in the absence of such clauses or warranties;
5. arising out of any dishonest, criminal or malicious act or omission, or any act or omission in violation of any law or ordinance, committed by or on behalf of the Insured;
6. in respect of which the Insured is entitled to indemnity under any other insurance, and this Policy will not be drawn into contribution with such other insurance, but will provide indemnity in respect of any excess beyond the amount payable under such insurance;
7. for and/or arising out of :
a) costs, fees and/or expenses of litigation incurred;
b) the conduct of the business;
in North America;
8. up to the amount of the Deductible;
9. for fines, penalties, punitive, vindictive or exemplary damages;
10. for the costs of replacing or restoring documents;
11. arising out of loss of or distortion of computer data due to :
a) the presence of magnetic flux;
b) defects in the data tapes or other data media;
c) use of processing whilst mounted in or on any machine;
d) wear, tear, vermin or gradual deterioration;
e) climatic or atmospheric conditions or extremes of temperature;
12. arising out of any Products manufactured, constructed, installed, sold, supplied, distributed, treated, serviced, altered or repaired by or on behalf of the Insured;
13. arising out of:
a) loss of money (including, but not limited to postal and money orders and Kruger Rands);
b) theft or forgery;
14. made against the Insured by any associated, parent or subsidiary company or by an person or entity having a financial or executive interest in the Insured unless emanating directly from an independent thirty party;
15. arising out of the insolvency of the Insured;
16. arising out of any defamation;
17. arising from breach of contract unless such breach is a breach or alleged breach of professional duty by the Insured or any other person upon whom the Insured has placed reliance.
18. up to the amount of the Deductible.
19. as a result of any work carried out in connection with the Gautrain Project unless specifically agreed to in writing by the Underwriters.
20. arising out of any Professional Duties of the Insured for work undertaken in Tidal Waters unless specifically agreed and endorsed hereon. Page 9 of 13 LSG (PIPL) TRAINERS SCHEME SHA 07-15 (V.3)
21. as a result of failure to effect or maintain insurance.
22. directly or indirectly due to actual or alleged unlawful competition, unfair practices, abuse of monopoly power, cartel activities or as may otherwise arise from or be based upon or relate to any breach of a provision of the Competition Act No. 89 of 1998 as amended or any similar provision, act or regulation as may be in force in any jurisdiction or country in which the Insured’s liability arose.
23. arising out of any advice given on North American Law.
24. in respect of any third party claim arising from or contributed to by depreciation (or failure to appreciate) in value of any investments, including securities, commodities, currencies, options and futures transactions, or as a result of any actual or alleged representation, guarantee or warranty provided by or on behalf of the Insured as to the performance of any such investments.
It is agreed, however, that this exclusion shall not apply to any loss due solely to negligence on the part of the Insured or employee of the insured in failing to effect a specific transaction in accordance with the specific prior instructions of a client of the Insured
25. Insurers shall not indemnify and Insurers shall not be liable to pay any claim or provide any benefit hereunder where the indemnity, claim payment or provision of such benefit is contrary to the edicts, recorded principles, prohibitions or restrictions under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom or United States of America irrespective of enactment in the jurisdiction where indemnity or benefit is provided or payment made.
8(b) COMPUTER VIRUS EXCLUSION
Notwithstanding any provision of this Policy including any special Exclusion or extension or other provision not included herein which would otherwise override a general Exclusion, this Policy does not cover any legal liability of whatsoever nature directly or indirectly caused by or contributed to by or consisting of or arising from the incapacity or failure of any computer, correctly or at all, to capture, save, retain or to process any data as a result of the action of any computer virus, or other corrupting, harmful or otherwise unauthorised code or instruction including any trojan horse, time or logic bomb or worm or any other destructive code, media or programme or interference.
A computer includes any computer, data processing equipment, microchip, integrated circuit or similar device in computer or non-computer equipment or any computer software, tools, operating system or any computer hardware or peripherals and the information or data electronically or otherwise stored in or on any of the above, whether the property of the Insured or not.
8(c) WAR / TERRORISM EXCLUSION
The Insurers shall not be liable to indemnify the Insured in respect of claims directly or indirectly caused by, resulting from happening through or in connection with:
a) war, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not), civil war, mutiny, insurrection, rebellion, revolution, military or usurped power;
b) any action taken in controlling, preventing, suppressing or in any way relating to the excluded situations in a) above, including, but not limited to, confiscation, Page 10 of 13 LSG (PIPL) TRAINERS SCHEME SHA 07-15 (V.3)
nationalization, damage to or destruction of property by or under the control of any Government or Public or Local Authority;
c) any act of terrorism regardless of any other cause contributing concurrently or in any other sequence to the loss.
For the purpose of this Exclusion, terrorism means an act of violence or any act dangerous to human life, tangible or intangible property or infrastructure with the intention or effect to influence any government or to put the public or any section of the public in fear.
In any action suit or other proceedings where the Insurer alleges that by reason of this Exclusion a loss is not covered by this insurance the burden of proving that such loss is covered shall be upon the Insured.
8(d) NUCLEAR EXCLUSION
This Policy does not cover any legal liability, loss, damage, cost or expense whatsoever or any consequential loss directly or indirectly caused by or contributed to by or arising from:
i) ionising, radiations or contamination by radio-activity from any nuclear fuel or from any nuclear waste from the combustion or use of nuclear fuel;
ii) nuclear material, nuclear fission or fusion, nuclear radiation;
iii) nuclear explosives or any nuclear weapon;
iv) nuclear waste in whatever form;
regardless of any other cause or event contributing concurrently or in any other sequence to the loss. For the purpose of this Exclusion only, combustion shall include any self-sustaining process of nuclear fission.
8(e) ASBESTOS EXCLUSION
Notwithstanding any provision of this Policy including any Exclusion, exception or extension or other provision which would otherwise override an Exclusion, this Policy does not cover any legal liability, loss, damage, cost or expense whatsoever or any consequential loss directly or indirectly caused by, arising out of, resulting from, in consequence of, in any way involving, or to the extent contributed to by, the hazardous nature of asbestos in whatever form or quantity.
9. GENERAL CONDITIONS APPLICABLE TO ALL SECTIONS
Conditions 9.1 to 9.7 are Conditions precedent to the liability of the Insurers to provide indemnity under this Policy.
9.1 Premium is payable on or before the inception date or renewal date or instalment date as the case may be. The Insurer shall not be obliged to accept premium tendered to them more than 15 days after such date but may do so upon such terms as they in their sole discretion may determine.
9.2 The Insured shall give written notice to the Insurers as soon as practicable of any claim made against the Insured (or of any specific event or circumstance which may give rise to a claim being made against the Insured) and which forms the subject of indemnity under this Policy and shall give all such additional information as the Insurers require. Every claim, writ, summons or process and all Documents relating to the claim, event or circumstance shall be forwarded to the Insurers immediately they are received by the Insured.
If the Insured notifies the Insurers during the Period of Insurance of any event or circumstance which the Insurers accept may give rise to a claim being made against Page 11 of 13 LSG (PIPL) TRAINERS SCHEME SHA 07-15 (V.3)
the Insured, then such claim shall for the purpose of this Policy be treated as having been first made against the Insured during the Period of Insurance.
This policy will allow the Insured the opportunity to notify Insurers of claims made against them or circumstances that may give rise to claims being made against them for up to 30 days after expiry of this insurance provided that the Insured first became aware of the claim or circumstance prior to expiry.
9.3 The Insured shall at all times maintain accurate descriptive records of all professional services which records shall be made available for inspection and use by the Insurers or their duly appointed representatives insofar as they pertain to any claim under this Policy.
9.4 No admission offer promise or payment shall be made or given by or on behalf of the Insured without the written consent of the Insurers who shall be entitled if they so desire to take over and conduct the defence or settlement of any claim or to prosecute in the name of the Insured, any claim for indemnity or damages or otherwise and shall have full discretion in the conduct of any proceedings and in the settlement of any claim and the Insured shall give all such information and assistance without charge as the Insurers require.
9.5 The Insured shall give notice as soon as reasonably practicable of any fact, event or circumstance which materially changes the information supplied to the Insurers at the time when this Policy was effected, and Insurers may amend the terms of this Policy according to the materiality of such change.
Whilst this insurance shall remain fully operative in the event of a change in the constitution of the Insured, notice shall be given as soon as reasonably possible of any change in the Principals, Partners, Members or Directors or in the legal constitution of the Insured and the Insured shall supply such further information as the Insurers may require for reassessment of the risk.
9.6 The interpretation and enforcement of the terms, Conditions and Exclusions of this Policy (and any phrase or word contained herein) shall be in accordance with the law of the Republic of South Africa whose courts shall have jurisdiction to the exclusion of the courts of any other country.
9.7 The Policy and the Schedule shall be read together as one contract and any word or expression to which a specific meaning has been attached in any part of this Policy or Schedule shall bear such specific meaning wherever it may appear.
9.8 The Insurers may at any time pay to the Insured in connection with any claim or series of claims under this Policy to which the Limit of Indemnity applies the amount of such limit (after deduction of any amounts already paid) or any lesser amount for which such claim or claims can be settled and upon such payment being made the Insurers shall relinquish the conduct and control of and be under no further liability in connection with such claim or claims notwithstanding the fact that the Insured has been only partially reimbursed for their loss due to the amount of any Deductible payable in terms hereof.
9.9 Where this Policy has been extended to include dishonest acts or omissions of any person treated as the Insured, in respect of claims arising from such dishonesty, the Insured shall take all possible action to sue for and obtain reimbursement from such person and any money or other property held by the Insured which, but for such dishonesty, would be due to such person shall, to the extent allowable in law, be deducted from the Insured’s loss. Page 12 of 13 LSG (PIPL) TRAINERS SCHEME SHA 07-15 (V.3)
9.10 All recoveries made in respect of any claim under this Policy shall be applied (after deduction of the costs, fees and expenses incurred in obtaining such recovery) in the following order of priority :
a) the Insured shall first be reimbursed for the amount by which their liability in respect of such claim exceeded the amount of indemnity provided by the Policy;
b) the Insurers shall then be reimbursed for the amount of their liability under the Policy in respect of such claim;
c) any remaining amount shall be applied towards the amount of the Deductible borne by the Insured in respect of such claim.
9.11 Where the Premium is provisionally based on the Insured's estimates, the Insured shall keep accurate records and after expiry of the Period of Insurance declare as soon as possible such details as Insurers require. The Premium shall then be adjusted and any difference paid by or allowed to the Insured as the case may be subject to any Minimum Premium that may apply. Unless otherwise stated the premium shown in the Schedule shall be the Minimum Premium.
9.12 If indemnity is sought under this Policy by any fraudulent means :
a) all benefit in respect of such claim shall be forfeited;
b) Insurers may cancel the Policy with immediate effect by notice in writing to the last known address of the Insured.
9.13 Neither this Policy nor any benefit, interest or right in this Policy or to any proceeds of the Policy may be ceded without the prior written consent of the Insurer.
9.14 If the Limit of Indemnity is increased during the Period of Insurance, the liability of the Insurers in respect of claims made against the Insured or for circumstances notified, or which should have been notified, to the Insurers prior to such increase, shall not exceed the Limit of Indemnity applicable prior to such increase.
9.15 Whenever this Policy provides notice to be given to the Insurers such notice shall be given to:
STALKER HUTCHISON ADMIRAL (PTY) LTD
THE PAVILION P.O. BOX 55347
THE WANDERERS OFFICE PARK NORTHLANDS
52 CORLETT DRIVE 2116
2196 SOUTH AFRICA
TELEPHONE: +27 (0) 11 731-3600 FACSIMILE: +27 (0) 86 432-4507
10. SPECIAL EXTENSIONS/EXCLUSIONS/CONDITIONS
10.1 FITNESS INDUSTRY QUALIFICATION
It is a condition precedent to indemnity in terms of this Policy that any Personal Trainer joining this Scheme must have the minimum suitable qualifications as recognised by the Fitness Industry.
10.2 ADJUSTMENT OF PREMIUM
It is hereby declared and agreed that the Premium for this Policy has been calculated on the number of trainers. The Broker shall therefore, at the end of each month, furnish the Insurer with a declaration of additional or deleted trainers for the purpose of Page 13 of 13 LSG (PIPL) TRAINERS SCHEME SHA 07-15 (V.3)
recalculation of the premium. Any difference shall be paid by or to the various Individual Insured’s as the case may be.