Indemnity / Waiver

The following waiver of all claims, release from all liability, assumption of all risks, warranty not to sue or institute any other action against any party contemplated herein and further ancillary terms of agreement are entered into by me, the undersigned (the “Participant”), with and for the benefit of Itaga Luxury Private Game Lodge (Pty) Ltd Reg No: 2013/093791/07, its subsidiaries, affiliates, owner(s), directors, employees, volunteers, business operators, partners, agents, associated companies and the site property owners or lessees of properties on which Safari Activities are carried out as well as any other person (whether natural or a legal entity) whatsoever that the Participant may in any way come into contact with or be referred to by any of the aforesaid persona for purposes of or in relation in any way to Safari Activities (all of the aforementioned persona are hereinafter collectively referred to as the “Host”) .
Without limiting the generality hereof, Safari Activities includes but is not limited to: Clay Pigeon Shooting, any other use of a firearm (of whatsoever nature and howsoever arising), Touring, Sight Seeing, Conveyance as Passenger or Driver in or on any Vehicle on Public or Private Roads or in the Bush or in the Veld, Rock Climbing, Swimming in or the Crossing of any Rivers, Dams or Reservoirs, and/or any other activity or service whatsoever provided by the Host to the Participant.

I, the undersigned, (full names, residential address and ID/passport number) (please complete for all guests:

Having carefully read and understood this indemnity/waiver before participating in Safari Activities, I hereby declare:

1. I am aware that there are inherent dangers, hazards and risks (“Risks”) associated with Safari Activities and injuries resulting from the Risks are a common occurrence. I am aware that the Risks associated with Safari Activities mean those dangerous conditions which are integral parts of Safari Activities, including but not limited to:

(a) the propensity of any wild animal to behave in ways that may result in injury, harm, or death to persons, other animals or objects;

(b) the unpredictability of a wild animal’s reaction to such things as sounds, sudden movement, tremors, vibrations, unfamiliar objects, persons or other animals;

(c) the inherent danger that wild animals, reptiles, insects and plants poses for persons, other animals and objects;

(d) the potential for myself and other persons participating in Safari Activities to behave in a negligent and/or willful manner that may contribute to or cause injury to myself or others;

(e) conveyance in or the driving of or conveyance on any vehicle (open or closed) on roads, in the bush or veld, whether such roads are classified as private or public;

(f) the potential for drowning or any other associated risks while swimming in, or the crossing of, any river, dam or reservoir;

(g) the inherent danger associated with rock climbing due to the nature of the terrain itself and the potential for myself and other persons participating in rock climbing to behave in a negligent and/or willful manner that may contribute to or cause injury to myself or others.

2. I freely accept and fully assume all responsibility for all Risks and possibilities of any and all personal injury, death, damage to property or loss arising from any cause whatsoever and resulting from my participation in Safari Activities.

3. I am aware of the fact that it is not possible for the Host to make the Safari Activities completely safe and/or Risk free. I accept these Risks and agree to the terms of this indemnity/waiver even if the Host is found to be negligent or in breach of any duty of care or any obligation to me in my participation in Safari Activities.

4. In addition to consideration given to the Host for my participation in Safari Activities, I hereby agree::

(a) to waive all claims of whatsoever nature or kind arising out of or in any way connected with my participation in Safari Activities that I have or may have in the future against the Host; and

(b) to release and forever discharge the Host from all liability for personal injury, death, damage to or loss of property, or loss resulting from my participation in Safari Activities due to any cause, including but not limited to negligence (failure to use such care as a reasonable prudent and careful person would use under similar circumstances), breach of any duty imposed by law, breach of contract or mistake or error in judgment of the Host; and

(c) to be liable for and to hold harmless and indemnify the Host from all actions, proceedings, claims, damages, costs, demands, including court fees and costs on an attorney and own client basis, and liabilities of whatsoever nature or kind arising out of or in any way connected with my participation in Safari Activities;

My agreement above is binding on my heirs, next of kin, executors, administrators, attorneys, trustees, parents, legal guardians, curators and assigns or any other person who is or becomes entitled to act on my behalf (“Representatives”) and I accordingly instruct them to abide hereby.

5. I agree that this waiver and all terms contained herein are governed exclusively and in all respects by the laws of the irrevocably submit to the exclusive jurisdiction of the courts of the Country, Province or Territory of Southern Africa and I agree that no other court can exercise jurisdiction over the terms and claims referred to herein. Any litigation to enforce this waiver will be instituted in the Country, Province or Territory of Southern Africa in which the Safari Activities are provided by the Host.

6. I confirm that I have reached the age of majority in the Country in which I am participating in Safari activities and have had sufficient time to read and understand this waiver in its entirety. I understand that this agreement represents the entire agreement between myself and the Host and that it is binding on myself and my Representatives.

7. Each of the provisions contained in this agreement and in each clause and sub-clause hereof shall be construed as independent of every other such provision to the effect that, if any provisions of this agreement shall be determined to be illegal, invalid and/or unenforceable, then such determination shall not affect any other provisions of this Agreement all of which shall remain in full force and effect.

8. No alterations or additions to this contract may be effected unless agreed to by both parties, reduced to writing and signed by the client and a duly authorized representative of the Host.