Declaration by sponsor

I, the undersigned…

1. do hereby bind myself as surety and co-principal debtor jointly and severally with the above Applicant / Student, hereinafter referred to as the student, for the due payment by the Student of all and any monies which the Student may now or from time to time hereafter owe to The Hurst Campus (Pty) Ltd (2016/182988/07), from whatsoever cause and howsoever arising, including but not limited to any amounts owing to The Hurst Campus in respect of all tuition fees or any other fee or expense in terms of the agreement between The Hurst Campus and the Student which shall become due and payable by the Student prior to or at any time after signature hereof;

2. I consent to the jurisdiction of the Magistrate’s Court having jurisdiction of me, in terms of 28 of the Magistrates Court Act, Act 32 of 1944 (as amended) notwithstanding that the amount of the claim might otherwise exceed the Jurisdiction of the Court;

3. I undertake to immediately pay upon demand all amounts due and payable by the debtor and accept all liability for all tracing charges, stamp duty, legal costs on an attorney-and-own-client scale and collection commission, that may be incurred by The Hurst Campus in recovering all or endeavouring to recover from the debtor or myself the whole or any portion of the debtor’s indebtedness to The Hurst Campus;

4. I confirm that no indulgence, latitude or extension of time which may be allowed by The Hurst Campus to me or the Student, shall be regarded as a waiver by The Hurst Campus or as a novation of my liabilities;

5. I hereby renounce the following benefits, the respective meanings and consequences of which are set out hereunder and the effect of which I acknowledge to be acquainted with and to understand:-

1.1 Cession of accounts: I am not entitled to demand cession of The Hurst Campus’s rights against the Student or any co-surety, should the same exist, before payment by me of the full debt owing by the Student to The Hurst Campus;
1.2 Cause of debt: If, in any legal proceedings which are instituted by The Hurst Campus in terms of this suretyship against me, should I dispute the existence of the amount owing by the Student, the onus of proving this shall rest on me;
1.3 Excussion: I waive the right to insist on the excussion of the Student;
1.4 Division: In the event of there being more than one surety, I accept liability for the full amount of the Student’s indebtedness to The Hurst Campus;

6. I acknowledge that the surety shall be binding upon my estate and shall not be capable of being amended, varied or cancelled consensually save unless same has been reduced to writing and signed by me and a duly authorised representative of The Hurst Campus;

7. I hereby choose my domicilium citandi et executandi for all purposes under this Agreement, whether in respect of court process, notices or other documents or communication of whatsoever nature the address provided by me in paragraph __________ above;

8. I acknowledge having read the application and these undertakings in it’s entirely, and have understood the contents thereof.

Scroll to Top