1. INTRODUCTION
1.1 This is an important legal document. By signing or accepting it, you, the Guest, acknowledge that the Activities take place in or are connected with Wilderness Areas and involve inherent risks, including the risk of injury, illness, death, trauma, loss or damage.
1.2 You may be limiting or giving up certain rights to claim compensation from the Company, except where the law does not allow such rights to be limited or excluded.
1.3 Please read this document carefully before signing. Do not sign unless you understand and accept it.
2. DEFINITIONS
2.1 In this Indemnity, unless the context indicates otherwise:
2.1.1 Activities means all safari, game-viewing, wildlife, bush, photographic, walking, conservation, hospitality, accommodation, lodging, camping, dining, transfer, transport, recreational, leisure, educational and related activities, services, facilities or arrangements conducted, facilitated, arranged, supplied or made available by or on behalf of the Company.
2.1.2 Agreement means this wildlife and wilderness release and indemnity agreement and all the terms and conditions contained herein.
2.1.3 Claims means all claims, demands, actions, proceedings, losses, liabilities, damages, costs and expenses of any nature, including legal costs on an attorney-and-client scale, whether arising in contract, delict, statute or otherwise.
2.1.4 Company means Garonga Safari Camp Proprietary Limited (Registration Number: 1996/006437/07), including its holding, subsidiary and associated entities directors, shareholders, members, officers, employees, guides, trackers, rangers, pilots, drivers, representatives, agents, contractors, service providers, landowners, reserve managers, concessionaires and insurers.
2.1.5 Guest means the person signing or accepting this Agreement and, where applicable, any minor, dependant, spouse, family member, invitee, group member or other accompanying person for whom that person signs, accepts responsibility or is legally responsible.
2.1.6 Wilderness Areas means all places where, through which, or near which the Activities take place, including lodges, camps, rooms, decks, hides, walkways, vehicles, roads, tracks, transfer routes, public roads, private roads, reserves, concessions, conservation areas, wildlife areas, bushveld areas, rural areas, remote areas, unfenced areas, semi-fenced areas, and any area in or around the Greater Makalali Wildlife Reserve region or any other safari, wildlife or wilderness environment.
2.1.7 Wildlife means all wild, dangerous, potentially dangerous, venomous, poisonous, unpredictable or free-roaming animals, reptiles, birds, insects, arachnids and other creatures that may be present, encountered or move in or near the Wilderness Areas, including elephant, lion, leopard, buffalo, rhinoceros, hippopotamus, crocodile, hyena, wild dog, venomous snakes, scorpions, spiders and any harmful or potentially harmful animal life.
2.1.8 Risks means all inherent, ordinary, extraordinary, known, unknown, foreseeable and unforeseeable risks associated with the Activities, the Wilderness Areas, Wildlife, remote locations, transport, accommodation, terrain, weather, other guests, third parties, and the general wildlife and wilderness environment, including the risks listed in clause 3.
3. ACKNOWLEDGEMENT OF RISKS
3.1 The Guest acknowledges that the Activities take place in or are connected with Wilderness Areas that are inherently hazardous, remote and unpredictable.
3.2 The Guest acknowledges that Wildlife may be present, encountered or move freely and unpredictably in or near the Wilderness Areas.
3.3 The Guest acknowledges that the Risks include, without limitation:
3.3.1 attacks, charges, bites, stings, trampling, goring, crushing or other contact with Wildlife;
3.3.2 sudden or unpredictable movement, behaviour or presence of Wildlife;
3.3.3 travel in open, closed, off-road or uneven-terrain vehicles;
3.3.4 vehicle accidents, rollovers, breakdowns, collisions or mechanical failures;
3.3.5 walking in bushveld, wilderness, unfenced or uneven areas;
3.3.6 uneven, slippery, unstable or hazardous ground;
3.3.7 river crossings, water hazards and crocodile or hippopotamus risks;
3.3.8 weather events, lightning, fire, flooding, falling branches or other natural hazards;
3.3.9 disease, infection, allergic reactions, malaria, tick-bite fever and other bush-related illnesses;
3.3.10 limited access to immediate medical care, evacuation or emergency services;
3.3.11 theft, loss of property, delay or inconvenience;
3.3.12 acts or omissions of other guests, visitors, contractors, service providers or third parties;
3.3.13 force majeure-type events or circumstances beyond the Company’s reasonable control, including natural disasters, reserve closures, government action, war, invasion, hostilities, terrorism, civil unrest, riots, strikes, labour disputes, lockouts, pandemics, epidemics, road closures, evacuation requirements, delays, cancellations, interruptions, curtailment of services, changes to itineraries or arrangements, and any related loss, inconvenience or additional expense; and
3.3.14 all other risks ordinarily or extraordinarily associated with travel, accommodation, recreation and activities in remote African wilderness areas.
4. ASSUMPTION OF RISK
4.1 To the fullest extent permitted by South African law, the Guest voluntarily accepts and assumes all Risks arising directly or indirectly from or in connection with the Activities or the Wilderness Areas.
4.2 This assumption of risk applies whether the Risks are foreseen or unforeseen, obvious or latent, and whether they arise before, during or after any booking, transfer, stay, activity, service, facility or arrangement.
4.3 The Guest participates in the Activities and enters, travels through or remains in the Wilderness Areas entirely at his/her own risk, subject always to the Legal Limits in clause 7.
5. RELEASE AND LIMITATION OF LIABILITY
5.1 To the fullest extent permitted by South African law, and subject to the Legal Limits in clause 7, the Guest releases and holds harmless the Company from all Claims arising directly or indirectly whatsoever from or in connection with the Risks, and the Guest irrevocably waives any right to institute, continue or participate in any claim, action or proceeding against the Company, including Claims arising directly or indirectly from or in connection with:
5.1.1 the Activities;
5.1.2 the Wilderness Areas;
5.1.3 the Risks;
5.1.4 the Guest’s participation in, presence at, travel to, travel from, or use of any place, vehicle, facility or service connected with the Activities or the Wilderness Areas;
5.1.5 any injury, illness, death, emotional shock, trauma, loss of support, loss of property, theft, delay, inconvenience or other harm suffered by the Guest;
5.1.6 the presence, movement, conduct or attack of any Wildlife; and
5.1.7 any act or omission by any person not under the direct control of the Company.
5.2 This release applies whether the Claim is alleged to have been caused by negligence, breach of duty, breach of contract, breach of statutory duty or otherwise by the Company.
6. INDEMNITY BY THE GUEST
6.1 To the fullest extent permitted by South African law, and subject to the Legal Limits in clause 7, the Guest indemnifies and holds harmless the Company from and against all Claims arising directly or indirectly from or in connection with:
6.1.1 any act or omission of the Guest;
6.1.2 the Guest’s failure to obey safety briefings, signage, ranger instructions, lodge rules, vehicle rules, camp rules or lawful directions;
6.1.3 any damage, injury, loss or liability caused or contributed to by the Guest;
6.1.4 the Activities, the Wilderness Areas or the Risks and where such Claims are brought by or on behalf of the Guest’s dependants, heirs, executors, administrators, family members, invitees, insurers or any third party arising directly or indirectly from the Guest’s conduct, negligence, breach of instructions or participation in the Activities;
6.1.5 any Claim arising from a person for whom the Guest is legally responsible; and
6.1.6 any breach by the Guest of this Agreement or of any applicable rules, instructions, booking terms or safety requirements.
7. LEGAL LIMITS
7.1 Nothing in this Agreement excludes or limits liability to the extent that such exclusion or limitation is prohibited by applicable law.
7.2 This includes liability for gross negligence, wilful misconduct, fraud, intentional wrongdoing, or any liability that may not lawfully be excluded or limited under the Consumer Protection Act, 2008, or any other applicable law.
8. GUEST RESPONSIBILITIES
8.1 The Guest agrees to comply at all times with all safety briefings, signage, ranger instructions, guide instructions, lodge rules, vehicle rules, camp rules and other directions given by or on behalf of the Company.
8.2 The Guest agrees not to approach, feed, touch, provoke, disturb, call to, chase, corner or interfere with any Wildlife.
8.3 The Guest agrees not to leave designated areas, walk unescorted, enter restricted areas, or move around any Wilderness Area, including any lodge, camp, room, deck, hide, walkway, road, track, vehicle area, unfenced area or semi-fenced area, after dark or at any other time when restricted, except where authorised or accompanied by a guide, ranger or representative of the Company.
8.4 The Guest must immediately inform the Company of any medical condition, allergy, disability, pregnancy, mobility limitation, medication, phobia, recent injury or other condition that may affect the Guest’s participation in the Activities or presence in the Wilderness Areas.
8.5 The Guest agrees not to participate in any Activity while under the influence of alcohol, drugs or any substance that may impair judgment, balance, coordination or ability to follow safety instructions.
8.6 The Guest agrees to act responsibly and with reasonable care for his/her own safety and the safety of others, and to ensure that any minor or person under the Guest’s care complies with this Agreement and all applicable instructions by or on behalf of the Company.
9. MINORS AND OTHER PERSONS
9.1 Where the Guest signs or accepts this Agreement on behalf of a minor, dependant, spouse, family member, invitee, group member or other accompanying person, the Guest warrants that he/she is duly authorised to do so and accepts responsibility for that person’s compliance with this Agreement and all safety instructions.
9.2 The Guest indemnifies and holds harmless the Company from and against any Claim by or on behalf of such person, including any Claim that the Guest lacked authority to bind that person.
10. MEDICAL TREATMENT AND EMERGENCY ASSISTANCE
10.1 In the event of illness, injury, accident or emergency, the Guest authorises the Company, where reasonably necessary, to arrange medical treatment, evacuation, transport or emergency assistance.
10.2 The Guest acknowledges that medical assistance may be delayed because of the remote nature of the Activities and Wilderness Areas.
10.3 Unless caused by legally non-excludable liability on the part of the Company, the Guest remains responsible for all medical, evacuation, hospital, repatriation and related costs.
11. CONFIRMATION OF UNDERSTANDING
11.1 The Guest confirms that:
11.1.1 this Agreement has been specifically drawn to his/her attention;
11.1.2 he/she has had an adequate opportunity to read and understand it;
11.1.3 he/she understands the nature, effect and consequences of this Agreement;
11.1.4 he/she understands that the Activities and Wilderness Areas may involve serious injury or death; and
11.1.5 he/she signs or accepts this Agreement freely and voluntarily.
12. GOVERNING LAW AND JURISDICTION
12.1 This Agreement and any dispute, claim or proceeding arising from or in connection with it shall be governed by and construed in accordance with the laws of the Republic of South Africa.
12.2 The Guest submits to the jurisdiction of the courts of the Republic of South Africa in respect of all matters arising from or in connection with this Agreement.
Please ensure you have read this document carefully before signing. Do not sign unless you understand and accept it.