National Dance Association of South Africa (NDSSA)
Online Publication – No Signature Required
IMPORTANT LEGAL NOTICE: By accessing, registering for, or participating in any NDSSA event, activity, workshop, competition, or using NDSSA premises or services (collectively, "Activities"), you acknowledge that you have read, understood, and voluntarily accept the terms of this Indemnity Policy. This document constitutes a binding agreement under South African law.
1. DEFINITIONS AND SCOPE
1.1 Parties Covered This policy applies to all participants, spectators, volunteers, contractors, vendors, parents, guardians, and attendees (collectively, "Participants") engaging with the National Dance Association of South Africa (NDSSA), including its:
1.2 Activities and Premises This policy covers all NDSSA-sanctioned Activities, whether held at:
2. LEGAL FRAMEWORK: RELEVANT SOUTH AFRICAN LEGISLATION
This policy is drafted in accordance with, and subject to, the following South African laws:
2.1 Consumer Protection Act 68 of 2008 ("CPA")
2.2 Common Law Principles
2.3 Protection of Personal Information Act 4 of 2013 ("POPIA")
2.4 Occupiers' Liability Principles
3. ASSUMPTION OF RISK
3.1 Inherent Risks Acknowledged Participants expressly acknowledge that dance, physical movement, and event participation involve inherent risks, including but not limited to:
3.2 Voluntary Participation By participating, you confirm that:
4. WAIVER AND RELEASE OF LIABILITY
4.1 Release of Claims To the maximum extent permitted by South African law, Participants hereby:
4.2 Limitations Under South African Law This waiver does not and cannot exclude liability for:
Note: South African courts interpret indemnity clauses restrictively and will not enforce terms that are unconscionable, contrary to public policy, or fail to meet CPA notice requirements www.webberwentzel.com engelsman.co.za.
5. INDEMNITY OBLIGATION
5.1 Participant Indemnity Participants agree to INDEMNIFY AND HOLD HARMLESS the NDSSA and all Releasees against any claims, losses, damages, legal costs, or expenses arising from:
5.2 Scope of Indemnity This indemnity applies to claims brought by the Participant, their heirs, executors, assigns, or any third party, and survives termination of participation.
6. MEDICAL AND EMERGENCY PROVISIONS
6.1 Health Representation Participants represent that they have disclosed any medical conditions, allergies, or limitations that may affect safe participation. Failure to disclose may void insurance coverage and increase personal liability.
6.2 Emergency Authorisation In the event of a medical emergency, Participants authorise NDSSA representatives to:
6.3 Cost Responsibility All costs related to medical treatment, ambulance services, hospitalisation, or repatriation are the sole responsibility of the Participant or their medical aid/insurance provider. NDSSA assumes no obligation to arrange or pay for medical care.
7. MINORS (PARTICIPANTS UNDER 18 YEARS)
7.1 Parental/Guardian Consent Required If the Participant is under 18 years of age, a parent or legal guardian must:
7.2 Limitations Regarding Minors South African courts have not definitively ruled on whether a parent can waive a minor's right to claim for personal injury or death www.webberwentzel.com
. NDSSA encourages parents to:
8. MEDIA, IMAGE, AND DATA RIGHTS
8.1 Consent to Recording Participants grant NDSSA a non-exclusive, royalty-free, worldwide licence to:
8.2 POPIA Compliance Personal information collected will be processed in accordance
with POPIA:
9. GOVERNING LAW, JURISDICTION, AND SEVERABILITY
9.1 Governing Law This policy is governed by the laws of the Republic of South Africa.
9.2 Jurisdiction Any dispute arising from this policy shall be subject to the exclusive jurisdiction of the courts of South Africa, with the Participant consenting to such jurisdiction.
9.3 Severability If any provision of this policy is found invalid, illegal, or unenforceable under the CPA, Constitution, or other law, that provision shall be severed, and the remainder of the policy shall remain in full force and effect
.
9.4 Entire Agreement This policy, together with any event-specific terms published online, constitutes the entire agreement between the Participant and NDSSA regarding liability and risk.
10. ACKNOWLEDGMENT BY CONTINUED USE
BY REGISTERING FOR, ATTENDING, OR PARTICIPATING IN ANY NDSSA ACTIVITY, YOU ACKNOWLEDGE THAT:
If you do not agree to these terms, you must not register for, attend, or participate in any NDSSA Activity.
CONTACT AND COMPLAINTS
Complaints Procedure Participants may lodge complaints regarding unfair terms or practices with:
National Dance Association of South Africa (NDSSA)
Online Publication – Applicable to All Activities, Properties, and Proxies
POLICY STATEMENT:
The National Dance Association of South Africa (NDSSA) is committed to fostering an inclusive, equitable, and dignified environment for all persons who engage with our organisation. We affirm the constitutional values of human dignity, equality, and freedom, and we reject all forms of unfair discrimination, harassment, victimisation, or exclusion. This policy applies to all NDSSA activities, premises, digital platforms, employees, volunteers, contractors, participants, spectators, partners, and representatives.
1. LEGAL FRAMEWORK: SOUTH AFRICAN FOUNDATIONS
This policy is grounded in and gives effect to the following South African legislation and constitutional principles:
1.1 Constitution of the Republic of South Africa, 1996
1.2 Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 ("PEPUDA")
1.3 Employment Equity Act 55 of 1998 ("EEA")
1.4 Broad-Based Black Economic Empowerment Act 53 of 2003 ("B-BBEE")
1.5 Other Relevant Legislation
2. DEFINITIONS
Term | Definition |
Unfair Discrimination | Any act or omission that directly or indirectly imposes burdens, withholds benefits, or treats persons differently on a prohibited ground, without objective and rational justification (PEPUDA s1). |
Prohibited Grounds | Race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, birth, HIV status, socio-economic status, or any other analogous ground. |
Harassment | Unwelcome conduct (verbal, physical, visual, digital) related to a prohibited ground that impairs dignity or creates a hostile, intimidating, or offensive environment (PEPUDA s1; s10). |
Reasonable Accommodation | Necessary and appropriate modifications or adjustments to enable equal participation by persons with disabilities or diverse needs, unless it imposes unjustifiable hardship. |
Victimisation | Adverse treatment of a person because they lodged a complaint, supported a complaint, or participated in proceedings under this policy or PEPUDA. |
NDSSA Proxies | Affiliates, contractors, volunteers, sponsors, venue partners, or any person/entity acting on behalf of NDSSA. |
3. SCOPE OF APPLICATION
This policy applies to:
✅ All Persons: Participants, dancers, choreographers, teachers, judges, volunteers, staff, contractors, sponsors, spectators, parents, guardians, and visitors.
✅ All Activities: Competitions, workshops, rehearsals, classes, auditions, performances, conferences, social events, online programmes, and travel associated with NDSSA.
✅ All Locations: NDSSA-owned or leased premises, third-party venues, public spaces used for NDSSA events, and digital/virtual platforms.
✅ All Communications: Official NDSSA correspondence, social media, marketing materials, websites, and publications.
✅ All Decisions: Selection, casting, judging, promotions, funding allocations, partnerships, and disciplinary actions.
4. PROHIBITED CONDUCT
NDSSA expressly prohibits the following:
4.1 Direct and Indirect Discrimination
4.2 Harassment and Hostile Environments
4.3 Victimisation and Retaliation
4.4 Failure to Accommodate
4.5 Complicity and Endorsement
5. POSITIVE DUTIES: PROMOTING EQUALITY
In line with PEPUDA Section 11, NDSSA commits to:
🔹 Proactive Inclusion: Actively recruit, mentor, and develop talent from historically disadvantaged and underrepresented groups in dance.
🔹 Accessibility: Ensure physical venues, digital content, and communication materials are accessible to persons with disabilities (e.g., ramps, sign language interpretation, captioning, plain language).
🔹 Cultural Respect: Honour South Africa's linguistic and cultural diversity in programming, costume guidelines, music selection, and event protocols.
🔹 Training: Provide regular equality, dignity, and anti-harassment training for staff, volunteers, judges, and event organisers.
🔹 Data Monitoring: Collect anonymised demographic data (with consent) to measure transformation progress and identify barriers, in compliance with POPIA.
🔹 Partnership Standards: Require contractors, sponsors, and venue partners to adhere to equivalent non-discrimination standards.
6. REASONABLE ACCOMMODATION GUIDELINES
NDSSA will engage in an interactive process to accommodate diverse needs, including:
Need | Example Accommodations |
Disability | Accessible venues; sign language interpreters; modified choreography; assistive technology; flexible participation formats |
Religion/Belief | Prayer space; scheduling accommodations for religious observances; flexible costume guidelines respecting religious dress |
Gender Identity/Sexual Orientation | Respect for chosen names/pronouns; inclusive changing facilities; zero tolerance for misgendering or outing |
Language | Key communications in multiple official languages; translation support where feasible |
Caregiving/Family Status | Flexible rehearsal schedules; lactation spaces; family-friendly event policies |
Socio-Economic Barriers | Sliding-scale fees; equipment loans; travel subsidies; bursaries for training |
Accommodation requests should be directed to the NDSSA Equality Officer (contact details below). Requests will be assessed promptly, confidentially, and in good faith.
7. REPORTING AND COMPLAINTS PROCEDURE
7.1 How to Report
Any person who experiences or witnesses discrimination, harassment, or victimisation may report via:
📬 In Person: To any NDSSA staff member, volunteer coordinator, or event manager
Reports may be made anonymously, though this may limit investigation capacity.
7.2 What to Include (If Possible)
7.3 Complaint Handling Process
7.4 External Recourse
Complainants retain the right to approach:
8. ENFORCEMENT AND SANCTIONS
8.1 For NDSSA Personnel (Staff/Volunteers)
8.2 For Participants, Contractors, or Partners
8.3 For Judges, Adjudicators, or Selectors
8.4 Restorative Measures
Where appropriate, NDSSA prioritises restorative justice approaches, including facilitated dialogue, community accountability, and healing-centred responses.
National Dance Association of South Africa (NDSSA)
Online Publication – Applicable to All Events, Activities, and Premises
PURPOSE STATEMENT:
This Code of Conduct establishes the ethical, professional, and behavioural standards expected of all NDSSA adjudicators, judges, technical officials, event managers, volunteers, and representatives (collectively, "Officials") during all NDSSA-sanctioned events. Its purpose is to ensure fairness, integrity, safety, and dignity in accordance with South African constitutional values and applicable legislation.
BY ACCEPTING AN OFFICIAL ROLE WITH NDSSA, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THIS CODE.
1. LEGAL AND ETHICAL FOUNDATIONS
This Code is grounded in and gives effect to:
1.1 Constitution of the Republic of South Africa, 1996
1.2 Key Legislation
Law | Relevance to Officials |
Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA) | Prohibits discrimination/harassment by Officials; imposes duty to promote equality |
Consumer Protection Act 68 of 2008 (CPA) | Requires fair, reasonable, and transparent conduct toward participants (consumers) |
Protection of Personal Information Act 4 of 2013 (POPIA) | Governs handling of participants' personal/sensitive information by Officials |
Employment Equity Act 55 of 1998 (EEA) | Applies to employed Officials; prohibits workplace discrimination |
Children's Act 38 of 2005 | Mandates protection of minors; Officials are mandatory reporters of abuse |
Occupational Health and Safety Act 85 of 1993 | Requires Officials to maintain safe environments and report hazards |
Common Law of Contract & Delict | Officials may be personally liable for gross negligence, fraud, or intentional harm |
1.3 NDSSA Governance Documents
2. DEFINITIONS
Term | Meaning |
Official | Any person serving in a formal capacity at an NDSSA event: adjudicator, judge, stage manager, technical director, volunteer coordinator, scorer, timekeeper, marshal, or event staff. |
Participant | Any dancer, choreographer, teacher, parent, guardian, or spectator engaged in an NDSSA Activity. |
Conflict of Interest | Any personal, financial, professional, or relational interest that could impair, or appear to impair, an Official's objectivity. |
Confidential Information | Non-public data about participants, scoring deliberations, complaints, medical information, or internal NDSSA matters. |
Gross Negligence | A serious departure from the standard of care expected of a reasonable Official, demonstrating reckless disregard for consequences. |
Safeguarding | Proactive measures to protect children and vulnerable persons from harm, abuse, or exploitation. |
3. CORE PRINCIPLES OF CONDUCT
All Officials must uphold these foundational values:
🔹 Integrity: Act honestly, ethically, and in good faith at all times.
🔹 Impartiality: Make decisions based solely on merit, criteria, and evidence—free from bias, favouritism, or external pressure.
🔹 Respect: Treat all persons with dignity, courtesy, and cultural sensitivity.
🔹 Accountability: Take responsibility for decisions, actions, and omissions.
🔹 Confidentiality: Protect sensitive information in line with POPIA and ethical obligations.
🔹 Professionalism: Maintain appropriate boundaries, appearance, language, and demeanour.
🔹 Safety: Prioritise the physical and emotional well-being of participants, especially minors.
🔹 Inclusion: Actively promote equitable participation and reasonable accommodation.
4. SPECIFIC STANDARDS OF CONDUCT
4.1 Before the Event: Preparation & Disclosure
✅ Mandatory Declarations
✅ Competence & Readiness
✅ Professional Boundaries
4.2 During the Event: Execution & Behaviour
✅ Impartial Judging & Decision-Making
✅ Professional Demeanour
✅ Anti-Discrimination & Harassment
✅ Confidentiality & POPIA Compliance
✅ Safety & Duty of Care
✅ Use of Technology & Social Media
✅ Substance Use & Fitness for Duty
4.3 After the Event: Follow-Through & Reflection
✅ Feedback & Debriefing
✅ Continuing Confidentiality
✅ Professional Development
5. CONFLICT OF INTEREST: MANAGEMENT PROTOCOL
Situation | Required Action |
Family member/partner competing | Recuse yourself from judging/scoring that participant; disclose to Event Director |
Private student/employee competing | Disclose relationship; NDSSA will determine if recusal or managed participation is required |
Financial interest in competing studio | Disclose immediately; likely recusal required |
Prior personal conflict with participant/studio | Disclose; NDSSA may reassign duties to preserve fairness |
Gifts/hospitality offered | Decline if value exceeds nominal token; disclose all offers to Event Director |
Failure to disclose a conflict of interest may constitute gross misconduct.
6. REPORTING BREACHES & CONCERNS
6.1 Duty to Report
All Officials have a positive obligation to report:
6.2 Reporting Channels
Reports may be made confidentially via:
🗣️ In Person: To the NDSSA Event Director, Equality Officer, or Safeguarding Lead
Anonymous reports are accepted, though this may limit investigation capacity.
6.3 Protection Against Retaliation
NDSSA prohibits victimisation of any person who reports concerns in good faith. Retaliation is itself a serious breach of this Code and may result in disciplinary action.
7. INVESTIGATION & DISCIPLINARY PROCEDURE
7.1 Initial Assessment
7.2 Interim Measures (If Required)
7.3 Fair Investigation Process
7.4 Outcomes & Sanctions
If a breach is substantiated, sanctions may include:
Severity | Possible Sanctions |
Minor (e.g., inadvertent lapse) | Verbal/written warning; mandatory retraining; supervision |
Moderate (e.g., repeated unprofessionalism, minor conflict non-disclosure) | Formal reprimand; suspension from events for defined period; probation |
Serious (e.g., discrimination, harassment, gross negligence, safeguarding failure) | Removal from current event; indefinite suspension; termination of contract/volunteer status; public disavowal |
Gross Misconduct (e.g., fraud, criminal conduct, willful harm) | Immediate dismissal; referral to law enforcement; civil/criminal liability |
Sanctions are proportionate, documented, and subject to appeal.
7.5 Appeal Process
7.6 External Reporting Obligations
NDSSA will report to external authorities where required by law:
8. ACKNOWLEDGMENT BY ACCEPTANCE OF ROLE
BY ACCEPTING AN OFFICIAL ROLE WITH NDSSA, YOU CONFIRM THAT:
If you cannot commit to these standards, you must decline the official appointment.
National Dance Association of South Africa (NDSSA)
Online Publication – Applicable to All Events, Competitions, and Activities
PURPOSE STATEMENT:
This Code of Conduct establishes the behavioural, ethical, and safety standards expected of all dancers, choreographers, and performance participants (collectively, "Competitors") at NDSSA-sanctioned events. Its purpose is to promote fairness, respect, safety, and the spirit of dance in accordance with South African constitutional values and applicable legislation.
BY REGISTERING FOR, ATTENDING, OR PARTICIPATING IN ANY NDSSA EVENT, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THIS CODE.
1. LEGAL AND ETHICAL FOUNDATIONS
This Code is grounded in and gives effect to:
1.1 Constitution of the Republic of South Africa, 1996
1.2 Key Legislation
Law | Relevance to Competitors |
Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA) | Prohibits discrimination/harassment by or against Competitors; imposes duty to promote equality |
Consumer Protection Act 68 of 2008 (CPA) | Ensures fair treatment, transparent rules, and reasonable conduct in event participation |
Protection of Personal Information Act 4 of 2013 (POPIA) | Governs handling of Competitors' personal information, images, and performance data |
Children's Act 38 of 2005 | Mandates protection of minors; establishes mandatory reporting of abuse; guides parental consent |
Copyright Act 98 of 1978 | Requires Competitors to ensure choreography, music, and costumes do not infringe intellectual property rights |
Common Law of Delict | Competitors may be personally liable for intentional harm, defamation, or negligent conduct causing injury |
1.3 NDSSA Governance Documents
2. DEFINITIONS
Term | Meaning |
Competitor | Any dancer, choreographer, ensemble member, or performer registered to participate in an NDSSA event. |
Event | Any NDSSA-sanctioned competition, showcase, workshop, audition, or gathering. |
Official | NDSSA adjudicators, judges, stage managers, volunteers, staff, or representatives. |
Prohibited Grounds | Race, gender, sex, pregnancy, marital status, ethnic origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, birth, HIV status, or any analogous ground (PEPUDA). |
Safeguarding | Proactive measures to protect children and vulnerable persons from harm, abuse, or exploitation. |
Unfair Advantage | Any action that circumvents rules to gain competitive benefit (e.g., prohibited costumes, unauthorised assistance, rule manipulation). |
3. CORE PRINCIPLES OF CONDUCT
All Competitors must uphold these foundational values:
🔹 Respect: Treat officials, fellow competitors, staff, venues, and audiences with dignity and courtesy.
🔹 Fair Play: Compete honestly, adhere to rules, and accept outcomes with grace.
🔹 Integrity: Represent yourself, your team, and your choreography truthfully.
🔹 Inclusion: Celebrate diversity; reject discrimination, exclusion, or harassment.
🔹 Safety: Prioritise your well-being and that of others; report hazards promptly.
🔹 Responsibility: Own your actions, words, and their consequences.
🔹 Sportsmanship: Win with humility; lose with dignity; support fellow dancers.
4. SPECIFIC STANDARDS OF CONDUCT
4.1 Before the Event: Preparation & Registration
✅ Eligibility & Compliance
✅ Choreography & Content Review
✅ Health & Fitness Declaration
✅ Professional Preparation
4.2 During the Event: Behaviour & Performance
✅ Respect for Officials & Process
✅ Sportsmanship & Peer Conduct
✅ Anti-Discrimination & Harassment
✅ Safety & Venue Conduct
✅ Technology, Recording & Social Media
✅ Substance Use & Fitness for Performance
✅ Costume, Props & Presentation
4.3 After the Event: Follow-Through & Reflection
✅ Graceful Exit
✅ Continuing Respect
✅ Growth Mindset
5. PROHIBITED CONDUCT
NDSSA expressly prohibits Competitors from:
❌ Discrimination or Harassment: Verbal, physical, or digital conduct targeting prohibited grounds.
❌ Cheating or Fraud: Misrepresenting age, category, choreography authorship, or music licensing.
❌ Disruption: Intentionally delaying events, interfering with other performances, or ignoring official instructions.
❌ Aggression: Physical altercations, threats, intimidation, or verbal abuse toward any person.
❌ Unauthorised Recording: Filming, photographing, or streaming without consent.
❌ Substance Misuse: Competing under the influence of alcohol, drugs, or impairing medication.
❌ Costume/Prop Violations: Using hazardous, offensive, or rule-noncompliant attire or items.
❌ Retaliation: Punishing or threatening any person for reporting concerns or participating in investigations.
❌ Social Media Misconduct: Posting defamatory, discriminatory, or confidential content related to NDSSA events.
Note: Prohibited conduct may result in immediate removal, disqualification, suspension, and/or referral to external authorities.
6. MINORS (COMPETITORS UNDER 18 YEARS)
6.1 Parental/Guardian Responsibilities
If the Competitor is under 18, a parent or legal guardian must:
6.2 Safeguarding Protections for Minors
All minors participating in NDSSA events are entitled to:
🔹 Safe Environments: Age-appropriate supervision; adherence to the "two-adult rule" in private spaces
🔹 Protection from Abuse: Zero tolerance for physical, emotional, or sexual exploitation
🔹 Privacy: Personal information and images handled per POPIA and parental consent
🔹 Voice: Safe, confidential channels to report concerns without fear of retaliation
6.3 Mandatory Reporting
Any Official or Competitor who suspects abuse, neglect, or exploitation of a minor must report immediately to:
7. REPORTING CONCERNS & BREACHES
7.1 Duty to Report
All Competitors are encouraged to report:
7.2 Reporting Channels
Reports may be made confidentially via:
📧 Email: [conduct@ndssa.org.za]
📞 Hotline: [insert dedicated number]
🌐 Online Form: [insert secure, encrypted form]
🗣️ In Person: To any NDSSA Official, Event Director, or Safeguarding Lead
Anonymous reports are accepted, though this may limit investigation capacity.
7.3 Protection Against Retaliation
NDSSA prohibits victimisation of any person who reports concerns in good faith. Retaliation is itself a serious breach of this Code.
8. INVESTIGATION & DISCIPLINARY PROCEDURE
8.1 Initial Assessment
8.2 Interim Measures (If Required)
8.3 Fair Process Principles
Both the complainant and respondent have the right to:
8.4 Outcomes & Sanctions
If a breach is substantiated, sanctions may include:
Severity | Possible Sanctions |
Minor (e.g., inadvertent rule breach, minor disrespect) | Verbal/written warning; mandatory reflection exercise; supervision |
Moderate (e.g., repeated unprofessionalism, minor discrimination, costume violation) | Formal reprimand; deduction of points; suspension from current event; mandatory training |
Serious (e.g., harassment, cheating, aggression, safeguarding concern) | Disqualification from current event; suspension from future NDSSA events (6–24 months); removal of awards |
Gross Misconduct (e.g., violence, criminal conduct, willful harm, severe discrimination) | Immediate expulsion; indefinite ban; referral to SAPS or relevant authorities; civil/criminal liability |
Sanctions are proportionate, documented, and subject to appeal.
8.5 Appeal Process
8.6 External Recourse
Competitors retain the right to approach:
9. ACKNOWLEDGMENT BY PARTICIPATION
BY REGISTERING FOR, ATTENDING, OR PERFORMING IN ANY NDSSA EVENT, YOU CONFIRM THAT:
If you cannot commit to these standards, you must not register for or participate in NDSSA events.