FLAG ACADEMY TERMS AND CONDITIONS

These Terms and Conditions ("Terms") govern the booking, delivery, and attendance of workshops, training programmes, and coaching services provided by FLAG Academy, whether delivered at a Client's premises anywhere in South Africa or delivered online. FLAG Academy's Privacy Policy explains what personal information is collected and how it is used and shared, including for purposes of the Protection of Personal Information Act 4 of 2013 ("POPIA").

1. Interpretation and Variation

1.1 In these Terms and Conditions, the following definitions apply:

• "Company" means FLAG Academy, operated by Ann du Plessis as a sole proprietor.
• "Client" means the organisation, business, school, or entity that books a Workshop with the Company, whether via a signed proposal, quote acceptance, purchase order, or online booking confirmation.
• "Participant" means any individual who attends a Workshop, whether as an employee, contractor, learner, or member of the Client, or as an individual booking Private Coaching directly with the Company.
• "Workshop" means any training session, seminar, coaching session, or programme delivered by the Company, whether In-Person or Online, including but not limited to Psychological Safety Foundations sessions, GBV prevention training, self-defence and anti-hijacking training, anti-bullying programmes, and private coaching.
• "In-Person Workshop" means a Workshop delivered at premises nominated by the Client, anywhere within South Africa, or at a public venue booked for the purpose of the Workshop.
• "Online Workshop" means a Workshop delivered remotely via video-conferencing or e-learning platform.
• "Confirmed Booking" means a booking for which a deposit or full payment has been received and written confirmation of the date, venue, and scope has been issued by the Company.
• "Website" means www.flagacademy.co.za or any affiliated domain.

1.2 These Terms are incorporated into every proposal, quote, invoice, and booking confirmation issued by the Company.

1.3 The Company reserves the right to vary these Terms from time to time. The version published on the Website at the time of a Confirmed Booking applies to that booking.

1.4 These Terms are governed by the laws of the Republic of South Africa and subject to the jurisdiction of the Durban courts.

2. Agreement

2.1 A Client becomes bound by these Terms upon Confirmed Booking, whether by signing a proposal or quote, issuing a purchase order, or completing an online booking and paying the required deposit.

2.2 Acceptance of a booking is at the discretion of the Company. The Company reserves the right to decline a booking, including where the requested content or format falls outside the Company's scope of practice.

2.3 Where an individual Participant books Private Coaching directly (not via a Client organisation), that Participant is treated as the Client for purposes of these Terms.

2.4 The Company reserves the right to withdraw a Workshop, or to require a Participant to leave a Workshop, where conduct is reasonably considered disruptive, unsafe, or in breach of these Terms. No refund is owed for a Participant removed on this basis.

3. Bookings, Fees, and Payment

3.1 Pricing is provided in a written proposal or quote and is valid for the period stated in that document.

3.2 A booking is held provisionally once the Client has accepted the applicable quotation or proposal, or issued a purchase order referencing it. The booking becomes a Confirmed Booking only once the Company has received payment in full. Payment is due on the date of the invoice.

3.3 Provisional bookings not yet confirmed by payment may be released to another Client if payment is not received in sufficient time for the Company to arrange travel, accommodation, and other logistics required for the Workshop.

3.4 Once a booking is confirmed, the Company will proceed to arrange travel, accommodation, and any third-party logistics required to deliver the Workshop at the Client's nominated premises.

4. Cancellation, Rescheduling, and Refund Policy

4.1 Workshop fees are not refunded in cash. Where a booking is cancelled or postponed, what happens depends on which party is cancelling, as set out below.

4.2 Travel Costs. Once a booking is confirmed, the Company arranges flights, accommodation, and related travel on the Client's behalf. Once any such cost has actually been paid to a third party (for example, an airline or hotel), it cannot be recovered from that third party. Where the Client cancels, postpones, or reschedules, any travel cost already paid is deducted as set out in clause 4.3 and is not refunded or credited. Where the Company cancels or postpones for reasons within its own control, clause 4.4 applies instead. Where cancellation or postponement results from Force Majeure, clause 4.5 applies instead.

4.3 If the Client Cancels or Postpones:

• An administration fee of 20% of the total Workshop fee is retained by the Company, to cover planning, preparation, and scheduling already done.
• Any travel cost already paid, per clause 4.2, is deducted in addition to the administration fee.
• The remaining balance is issued as a credit, valid for 12 months from the original Workshop date, which the Client may apply toward an Online Workshop or a future date, subject to availability.
• No cash refund is given under any circumstances.

4.4 If the Company Cancels or Postpones for reasons within its own control:

• No administration fee is charged.
• The Client is credited the full Workshop fee paid, with no deductions. Any travel cost already paid that cannot be recovered from the third party it was paid to is the Company's own loss, not the Client's.
• This credit is valid for 12 months and may be applied toward an Online Workshop or a future date, subject to availability.

4.5 Force Majeure. Where a Workshop is cancelled or postponed due to circumstances beyond either party's reasonable control (including load shedding, extreme weather, strikes, venue closures, illness, civil unrest, or government-imposed restrictions), no administration fee is charged, but any travel or accommodation cost already paid to a third party is not refunded or credited. The parties will use reasonable efforts to reschedule at the earliest mutually convenient opportunity.

4.6 If the Client reschedules with more than 14 days' notice before the Workshop date, and no travel cost has yet been paid under clause 4.2, the 20% administration fee in clause 4.3 does not apply.

5. Online Workshops

5.1 The Client is responsible for ensuring Participants have suitable internet connectivity, a device, and access to the video-conferencing or e-learning platform nominated by the Company.

5.2 The Company is not liable for disruption to an Online Workshop caused by the Client's or a Participant's internet connection, hardware, or software.

5.3 Online Workshops may be recorded for the Company's internal quality and training purposes. Recordings are not distributed to the Client or Participants unless expressly agreed in writing, and are not used publicly without separate consent.

5.4 All slides, workbooks, frameworks, and materials provided during an Online or In-Person Workshop remain the intellectual property of the Company (see clause 8) and may not be recorded, screenshotted, or redistributed by Participants without written permission.

6. Health, Participation, and Conduct

6.1 Participants engaging in physical self-defence or anti-hijacking training are advised to inform the Company in advance of any injury, medical condition, or physical limitation that may affect their participation.

6.2 The Company reserves the right to modify or restrict a Participant's involvement in physical components of a Workshop where reasonably necessary for that Participant's safety or the safety of others.

6.3 Participants are required to follow the reasonable instructions of the facilitator at all times, including guidance on appropriate footwear and clothing for physical training components.

6.4 The Company's psychological safety, GBV prevention, and coaching content may raise sensitive personal or emotional material. Participants are not obliged to disclose anything they are not comfortable sharing, and the Company will facilitate accordingly.

7. Confidentiality

7.1 Given the personal and sometimes sensitive nature of content shared during Workshops (including but not limited to GBV prevention, psychological safety, and coaching sessions), Participants agree not to disclose the personal experiences, disclosures, or identities shared by other Participants outside of the Workshop.

7.2 This clause does not restrict a Participant or Client from discussing the general content, structure, or outcomes of a Workshop for legitimate business, safety, or wellbeing purposes.

7.3 The Company will treat information disclosed by Participants during a Workshop as confidential, save where disclosure is required by law or necessary to protect the safety of a Participant or third party.

8. Intellectual Property

8.1 All training materials, frameworks, slide decks, workbooks, and branded content developed or delivered by the Company remain the intellectual property of the Company.

8.2 The Client and Participants receive a limited, non-exclusive licence to use materials provided for internal purposes only. Materials may not be reproduced, resold, or used to deliver training by any party other than the Company without written permission.

9. Personal Belongings and Premises

9.1 Where a Workshop is delivered at premises nominated by the Client, the Client is responsible for the safety and suitability of the venue, including adequate space for any physical training component.

9.2 Personal belongings brought by Participants to any Workshop venue are brought at the Participant's own risk. The Company does not accept liability for loss or damage to personal items.

10. Photography, Video, and Data Privacy (POPIA)

10.1 The Company may take photographs or video recordings during a Workshop for use on its Website and social media for marketing and training purposes.

10.2 Where a Workshop is booked by a Client on behalf of its employees or members, the Client is responsible for informing Participants that photography or recording may take place and for obtaining any consent required under its own internal policies.

10.3 Any Participant who does not wish to be photographed or recorded may notify the facilitator prior to the Workshop, and the Company will make reasonable efforts to exclude that Participant from published material.

10.4 The Company processes personal information (including names, contact details, and, where applicable, images) in accordance with POPIA and its Privacy Policy. Personal information is not sold or shared with third parties other than as reasonably necessary to deliver the Workshop (for example, travel or venue bookings).

11. Limitation of Liability

11.1 The Company is not liable for any service, venue, or equipment being unavailable for reasons outside its reasonable control.

11.2 Assumption of Risk. Participants engaging in physical training components (including self-defence and anti-hijacking training, or any activity involving physical contact, movement, or exertion) acknowledge that such training carries an inherent risk of physical injury, and voluntarily assume that risk. These techniques are taught for educational and preparedness purposes only. The Company does not guarantee that a Participant will avoid harm or successfully apply any technique taught.

11.3 Exclusion of Liability. To the maximum extent permitted by law, the Company excludes all liability, whether arising in contract, delict, or otherwise, for any loss, damage, injury, or death arising from or connected to a Workshop or a Participant's participation in it, save where such liability arises from the Company's gross negligence or wilful misconduct, which cannot lawfully be excluded under South African law.

11.4 It is the Participant's responsibility to advise the Company of any condition that may affect their safe participation in physical training. The Company accepts no liability for injury arising from a Participant's failure to disclose a relevant condition.

11.5 Client Indemnity. The Client indemnifies and holds the Company harmless against any claim, cost, or liability brought by a Participant or any third party arising out of or connected to the Workshop, except to the extent such claim arises from the Company's gross negligence or wilful misconduct.

11.6 Individual Participant Acknowledgement. For any Workshop involving a physical training component, the Company may require each Participant to sign a separate Assumption of Risk and Indemnity form before taking part. The Client agrees to facilitate the collection of these forms from its Participants where requested by the Company.

11.7 Nothing in these Terms excludes any liability that cannot lawfully be excluded under South African law, including the Consumer Protection Act 68 of 2008 where applicable.

12. Force Majeure

12.1 Neither party is liable for failure to perform its obligations where such failure results from circumstances beyond its reasonable control, including load shedding, extreme weather, civil unrest, illness, or government-imposed restrictions.

12.2 Where a Workshop is affected by force majeure, clause 4.5 applies.

13. Website Terms

13.1 Information published on the Website is provided for general use. While care is taken to ensure accuracy, the Company gives no warranty as to the completeness or accuracy of Website content and may update it from time to time.

13.2 The Company excludes liability for any loss arising from use of the Website, including from viruses or electronic transmission, to the extent permitted by law.

14. General

14.1 Where a Client wishes to communicate with the Company by email, the Client accepts that email is not a guaranteed secure channel and the Company is not liable for loss arising from its use.

14.2 These Terms, together with the applicable proposal or quote, constitute the entire agreement between the Company and the Client in respect of a Workshop.

14.3 If any provision of these Terms is found unenforceable, the remaining provisions continue to apply.

Last updated: 31 July 2026