DRAFT (new 2026-07) — for SA attorney review; not legal advice; not for publication.
This is a new document prepared to brief South African counsel. It does not constitute legal advice and must not be published, signed, or relied upon until counsel has reviewed and approved it. All statutory references below are indicative and must be verified by counsel against the current text of each Act. The engagement classification in clause 3 is the highest-risk item and must be settled by a specialist employment attorney.
This Promoter & Brand Ambassador Agreement ("Agreement") governs any person engaged to promote eRunna at activations, events, or in the field (the "Promoter") — including collecting waitlist or competition sign-ups and distributing promotional materials. It must be read together with our Terms of Service and Privacy Policy.
1. Parties
"eRunna", "we", "us" or "our" refers to eRunna (Pty) Ltd (registration number [TBD: company registration number]), correspondence address 1 Wedgewood Link Road, Bryanston, Johannesburg, Gauteng 2191 [TBD: confirm registered vs correspondence address on incorporation]. "Promoter" or "you" refers to the person accepting this Agreement. [TBD: is the Promoter engaged directly, or through a promotions/activations agency? — see clause 3.]
2. The engagement
The Promoter represents eRunna at agreed activations — for example, a branded stand at a shopping-centre activation — introducing the eRunna offering, answering questions, distributing approved materials, and (where applicable) capturing customer sign-ups and competition entries.
3. Classification — the critical, attorney-owned question
[ATTORNEY-REQUIRED: employment vs independent-contractor classification — specialist employment attorney + tax practitioner.]
South African labour law looks through the label to the reality of the relationship. A person who renders services is presumed an employee if certain factors are present (control over hours or manner of work; integration into the organisation; hours worked over a period; economic dependence; tools/kit provided; working only for one party), where they earn below the statutory earnings threshold (Labour Relations Act 66 of 1995 and Basic Conditions of Employment Act 75 of 1997 — counsel to confirm the relevant sections and the current threshold). Activation promoters — often scheduled, supervised, uniformed, and paid per shift — sit at high risk of being employees in substance.
If Promoters are engaged through a promotions or activations agency, the temporary-employment-service ("labour broker") deeming provisions may make eRunna the deemed employer of below-threshold Promoters after a qualifying period (LRA temporary-employment-service provisions — counsel to confirm sections and the deemed-employer trigger). This must be reviewed before any activation runs. The clauses below are drafted on a provisional independent-contractor basis pending counsel's determination and must not be relied on to defeat a genuine employment finding.
4. Payment
The Promoter is paid as agreed (per activation, per shift, or per qualifying sign-up — [TBD: model]). The payment model is itself relevant to classification (clause 3) and must be designed with counsel. The Promoter is responsible for its own tax to the extent it is genuinely an independent contractor.
5. Marketing conduct & claims
The Promoter must use only eRunna-approved scripts, materials, and claims, and must not make earnings, pricing, availability, or other claims that eRunna has not approved and substantiated (Consumer Protection Act 68 of 2008 sections 29 and 41, and the Advertising Regulatory Board Code — counsel to confirm). Verbal claims at an activation carry the same exposure as published advertising.
6. Handling personal information at activations (POPIA)
When a Promoter collects a person's details (waitlist, competition entry, or interest form), the Promoter acts on eRunna's mandate and must comply with the Protection of Personal Information Act 4 of 2013 ("POPIA"):
- present the eRunna collection notice and obtain marketing consent where the details will be used for marketing;
- collect only what is necessary; keep entries secure; hand them to eRunna promptly and never keep or use them for the Promoter's own purposes;
- capture the person's consent in a recordable form (so acceptance can be stored with a timestamp).
[ATTORNEY-REQUIRED: POPIA collection-notice + consent design for in-person capture, and whether the Promoter is an operator under POPIA.]
7. Promotional competitions
If an activation includes any giveaway, prize draw, or competition, it must comply with the Consumer Protection Act promotional-competition rules (CPA section 36 and its regulations — counsel to confirm): published rules, no purchase required as the sole entry route where prohibited, prize-winner records, and retention of records for the required period. The Promoter must run competitions strictly per eRunna's approved rules.
8. Conduct, brand & kit
The Promoter must act professionally and lawfully, represent the eRunna brand honestly, follow venue rules, and return any branded kit or equipment on request. The Promoter must keep eRunna's confidential information confidential and assigns to eRunna any content it creates in the course of the engagement, to the extent permitted by law.
9. Termination
The engagement may be ended as agreed; eRunna may end it immediately for misconduct, misrepresentation, or a data-protection breach. Termination rights are subject to the classification outcome in clause 3 — if a Promoter is found to be an employee, statutory fair-dismissal protections apply regardless of this clause.
10. Governing law
This Agreement is governed by the laws of the Republic of South Africa.
Related policies: Terms of Service · Privacy Policy · Runner Terms (shares the classification question) · Partner Agreement