CONSENT, INDEMNITY & WAIVER:
1. Certify that all the information contained in this form is true and correct and that no material information whatsoever has been withheld and I acknowledge that any incorrect information may lead to the company not complying with the obligations in terms of this agreement.
2. Understand the inherent dangers associated with Wild Child Adventures (PTY) Ltd T/A Wild Child Africa expeditions (hereinafter referred to as WCA) and the risks/hazards which it poses to my health, safety and overall well-being.
3. Indemnifies and holds harmless WCA and/or any representative, employee, contractor, sub-contractor, rescue party, servant, agent or stakeholder of WCA against any and all claims or future claims whatsoever and howsoever arising which may be made against them or any of them by any of myself, spouse, companions, partner, children (whether minor or major), any dependants or relatives and any person accompanying me on WCA trails and/or against any liability which may be incurred by and/or damage, loss or penalty which may be suffered by them or any of them, arising directly or indirectly out of any act or omission, without limitation: surfing; fishing; paddling; climbing; hiking; abseiling; boating (with specific reference to launching through the surf); traversing; swimming, travels to and from any particular destinations, whether on foot, boat, vehicle, aircraft or otherwise (hereinafter referred to as WCA expeditions).
4. Waives any right/s to claim any fees paid to WCA and/or damages suffered due to cancellation or suspension of expeditions by WCA due to weather or any vis maior (acts of God) outside of WCA's control.
5. Indemnifies WCA against any claims or future claims for damages, liability, expense, or cost of any kind that may arise out of WCA expeditions or the cancellation or withholding of WCA expeditions on account of weather conditions or for any reason.
6. I agree that, to the fullest extent allowable by law, the operators and proprietors of WCA, its associated companies, their servants, employees, directors, shareholders and any other person connected (whether directly or indirectly) with the operation of WCA will not be liable or responsible for any loss or damage to property, bodily harm, injury, death, loss of support or any other form of damages or claim from whatsoever cause arising including, but not limited to, the injury or death of, or loss of support of or by any third party.
7. I hereby waive and abandon all claims of whatsoever nature and howsoever arising (including claims arising directly or indirectly from the injury, death or bodily harm to or loss of support of or by any third party) against WCA, its associated companies, their servants, employees, directors, shareholders and any other person connected (whether directly or indirectly) with the operation of WCA and facilities accommodated thereon including but not limited to any such claims which may have arisen or which may arise relating to: game viewing drives, ocean based boat activities operated by independent operators, walking trails, use of facilities on the premises of WCA, its associated companies or third party entities with whom WCA has contracted and/or transfer to or from the premises of WCA, its associated companies or third party entities with whom WCA has contracted.
GENERAL TERMS AND CONDITIONS
1. WCA expeditions involve hazards and the risk of injury and / or death. Your expedition may involve hazards that may include, without limitation: the movement or fall of rock, hazardous seas and wild animals, dangerous ocean currents and/or waves, flooding rivers, lightning, none of which can be controlled or accurately predicted.
2. Expeditions can be physically demanding, may require intensive exertion and can result in exercise-induced injuries, including but not limited to fracture, sprain, dislocation, muscle damage, altitude sickness, snow blindness, general or specific strain. You may experience negative psychological and / or physical effects from the stresses inherent.
3. The participant recognises that there is a significant element of danger and risk in participating in WCA expedition/s and participation is solely at the participants’ own risk. The participant warrants that he/she and all related family members who are participating, including any minor children, are fully capable of participating in the activities, both mentally and physically.
4. Through signing this disclaimer, I acknowledge that the dangers that I/we will be exposed to and which are inherent during the course of the WCA expedition, whether set out herein or otherwise, have been explained to me/us.
5. In the event of any injury, or illness which renders the participant unconscious or if the participant is otherwise unable to make judgements or decisions on he/she’s own, the participant hereby accepts first aid treatment and further agrees that they shall be fully liable for any costs related to evacuation, rescue or medical treatment as it may pertain to the participant or their related family members.
6. The WCA expeditions cover largely inaccessible stretches and medical care and rescue are not guaranteed. In the circumstances, I accept sole liability for the risks associated with any failure or delay in rendering proper medical care or assistance.
7 . The participant authorises any guide, instructor, and other WCA personnel to administer first aid without the supervision of a physician and according to their own judgement, and including but not limited to any or all of the following: the dispensing and administration of prescription drugs; the cleaning, closure and bandaging of wounds; the splinting and bandaging of strains; sprains and breaks; the administration of cardio/ pulmonary resuscitation; the administration of artificial respiration; the application of tourniquets; and moving the participant to another place in hopes of improving safety and/or that of the person(s) helping the participant.
8 . The participant acknowledges the risks involved with participating in adventure based activities during WCA expeditions and agrees to stay under legal alcohol driving limit while doing these activities. Furthermore, participants agree to refrain from partaking in any other substance (legal or illegal) which may negatively affect their ability to safely perform these activities. The participant further agrees to abide by any lawful safety instructions issued by WCA, and/or any representative, employee, contractor, sub-contractor, rescue party, servant, or agent or stakeholder of WCA.
9 . WCA will make every effort to accommodate requested dates for expeditions but should the required number of participants not be confirmed for a trip then the expedition may be re-scheduled and groups may also be combined to make up the required numbers at a date to be agreed.
10 . In the event of any expedition to be delayed or altered because of weather considerations, trail, river or road conditions, ice, or snow conditions, including flood, avalanche or landslide, flight delays, government intervention, guide problems, contractor problems, passport problems including unexpected additional charges, sickness or other contingency, then WCA’s increased cost of the delay is not included and you shall remain liable for payment of the increased costs subject to your rights to a refund of your deposit
11 . WCA will use its best endeavours for your comfort and enjoyment, it reserves the right at any time to alter or cancel without prior notice the tour, itinerary, travel arrangements or accommodation if affected by unforeseen circumstances such as personal matters, war, political matters, strikes, riots, religious matters or Vis Major, in which case no liability shall fall on WCA.
12 .All baggage and personal effects are at all times at the participant’s risk. Cost of travel where applicable and cost of excess baggage is for the participants account.
13 .The use of drivers (whether employees of WCA or separate service providers) to transfer participant’s vehicles is at the participant’s risk. No liability shall fall on WCA in the event of damage/loss occurring to the vehicle or the contents of the vehicle. In addition, no 3rd party liability shall fall on WCA if the vehicle is involved in an accident involving a third party. The participant is to ensure that the vehicle is comprehensively insured whilst being driven by the appointed driver.
14 . WCA trips frequently make use of ocean-going vessels, which are provided by and operated by subcontractors including but not limited to, Carnelian Marine and Dr Ryan Daly. By signing this document, I do hereby acknowledge that I have been notified and understand fully the risk and dangers involved in being a passenger on a boat of any type belonging to Carnelian Marine (its owner), Dr Ryan Dale or other contractors, launched from a beach or through a river mouth, in the surf and traveling at sea on and in the event of the boat, flipping, sinking, colliding, being effected by natural disaster (inclement weather) and mechanical problems. I have been notified about the risks of the activity undertaken and I am prepared to be exposed to these risks and dangers and assume all responsibility personally to the possibility of injury and/or death and I do this freely and voluntarily. I further acknowledge that in the event of my being severely injured or sick the most qualified person in the group will have the right to decide in which manner I must be evacuated and treated and I accept that I will be liable for the cost of such evacuation and treatment. I further acknowledge that I am medically fit for a surf launch and for all boat related activities and understand the added risks associated with the surf launching and disembark procedures and assume all responsibility personally before embarking. When swimming in the ocean I have also been notified and acknowledge the possibility of a shark attack and drowning.
I accordingly renounce, waive and reject any and all Statutory and Common Law Rights and claims that I and/or my heirs, executors, administrations and assigners have or may have against any of the skippers, representatives, owners, employees, servants, agents or other members in the event of injury, seasickness, disablement whatsoever sustained by me or by death occurring or the like on the part of any person.
I take full responsibility for any loss or damage to any personal equipment taken by me onto the vessel. I have voluntarily assume the risk of the adventure and make this renunciation, waiver and rejection of my own free will and consent.
The participant accepts, understands, and assume those risks and indemnifies and holds harmless WCA and/or any representative, employee, servant, contractor or agent of WCA against any and all claims or future claims whatsoever and howsoever arising which may be made against them or any of them by any person and/or against any liability which may be incurred by and/or damage which may be suffered by them or any of them, arising directly or indirectly out of any act or omission of any nature whatsoever, whether negligent or otherwise to the fullest extent allowable by law, on the part of the participant.
16 . WCA expedition leader has the right to exclude participants from the tour, trek, climb, course or expedition or any part thereof at any time if he feels it is in the participant’s best interest or wellbeing or other members of the party to do so, without any right of recourse by the participant.
17 . It is understood by the participant he/she will travel in remote areas and in mountainous terrain and requires the participant to assume responsibility for their own fitness and well-being, including any personal medication, medical insurance and evacuation insurance.
18 . If the participant has any allergies, the participant must communicate these conditions to WCA. The participant must bring with them any/all medication needed for treatment of their respective allergies.
19 . In the event that WCA incurs any attorney’s fees or costs to enforce this agreement WCA may recover these fees and or cost from the participant or legal Guardian on an attorney and own client scale.
20 . WCA may reserve the right to require the participant to produce an authoritative medical certificate from a registered medical practitioner that will determine if the participant is fit and capable to participate in the expedition.
21 . WCA does not act as an agent but only as co-ordinator between the participant and the companies providing transportation, accommodation, guiding and other services used in conjunction with the program, and that all these services are subject to these terms and conditions and also the terms and conditions set by the other service companies.
21 . I, as signatory, warrant that:
21.1 I represent each of the participants who have been listed on this form and have obtained - to the extent necessary - the prerequisite consent to bind them to these terms and conditions;
21.2 I have full legal capacity to make and give the acknowledgments, waivers and indemnities contained herein;
21.3 I have read and understand the acknowledgments, waivers and indemnities and that I am bound thereby without limitation in time, extent or damages or cause of action; and
21.4 I as the guardian accepting on behalf of any participant that is under 18 years of age declare that I am legally able to accept on behalf of the participant. Furthermore, I accept and agree to the terms and conditions set out above in my own capacity as well as on behalf of the minor