INDEMNITY AND WAIVER FORM
For all of the following:
Karl Botha as sole proprietor t/a Sunday’s River Adventures (including A Taste of Africa Restaurant & Coffee Shop, Addo Elephant Safaris, Maggie May House Boat, Sundune Guest House, Addo River View Lodge, The River House, Safaris, Sandboarding, River Cruises, its affiliates, shareholders, agents, consultants, contractors or employees) (hereinafter referred to as “Sunday’s River Adventures”)
Please note all Guests utilising the facilities and /or partaking in the Activities (including but not limited to use of the vehicles & vessels (whether chartered or provided), safaris, sand-boards or any other equipment and accommodation) do so at their own risk.
The right to admission to the Premises (A Taste of Africa: Corner of and Jetty St, Darling St, Colchester, 6175 and Sunday’s River Adventures: 1 Jetty St, Colchester, Port Elizabeth, 6175) or any reserve where safaris are offered is strictly reserved.
- For the purpose of this this Indemnity and Waiver Form, “the Guest” shall be read to include reference to his/her spouse, partner, heirs, executors, administrators or assigns, dependant(s), guest(s) and/or employee(s) that attend the Premises. All Guests are to complete this Indemnity and Waiver Form.
- The Guest acknowledges and accepts that his/her attendance at the Premises and participation in any Activity at the Premises is a potential hazardous physical activity and agrees not to enter the Premises and/or to participate unless he/she is medically fit and able to do so and does not pose any threat or risk either to himself/herself or any other Guest. Should any medical condition exist, the Guest hereby undertakes to disclose such medical condition on this form and grants Sunday’s River Adventures or its designees access to his/her medical records, physicians and/or any other relevant information relating to the medical care that may be administered to him/her as a result of his/her participation in the Activities. The Guest acknowledges that any medical costs incurred for his/her treatment, will be for his/her own account and authorise Sunday’s River Adventures and its authorised designees to give permission to a hospital and/or medical physician to perform necessary treatment (including first aid treatment) in case of any emergency.
- Sunday’s River Adventures accepts no responsibility for the Guest and the Guest herewith indemnifies them from any loss or damage (whether direct or consequential), theft, injury or death arising from any nature whatsoever, costs (including cost on an attorney and own client scale), expenses, claims or indisposition of whatsoever kind as a result of the Guest’s attendance at the Premises or participation in the Activities or making use of any facilities and/or amenities and/or equipment, including but not limited to any of the following detailed circumstances:
- all injuries which may occur as a result of the Guest’s participation in any Activity or attendance at the Premises;
- any negligent acts and/or omissions of Sunday’s River Adventures;
- any failure by the Guest to adhere to all the rules and/or directions from the staff of the Premises regarding the Activities, usage of the facilities and/or amenities and/or equipment as these are for the Guest’s best interest and safety;
- any loss, theft or damage (whether direct or consequential) to any personal belongings, cash, jewellery and/or motor vehicles, arising from whatsoever nature, during the Guest’s attendance at the Premises or participation in the Activities;
- any liability arising from any fall or hit or misstep resulting from any slippery or uneven surface at the Premises;
- any liability as a result of the Guest consuming any alcoholic beverage as any substance and/or alcohol abuse are strongly discouraged, as misuse of any substance that impair the Guest’s senses are dangerous. Should a Guest choose to use alcohol at the Premises Sunday’s River Adventures request that you do so cautiously;
- any liability as a result of food or beverage the Guest consumes;
- any liability arising from using the facilities
- The Guest agrees that Sunday’s River Adventures may make use of pictures and videos taken during the Activities and may use same on their website and social media pages for marketing purposes.
- The Guest may choose to have their email address added to the Sunday’s River Adventures mailing list by ticking the box below.
- The Guest acknowledges that they have read the warning signs and disclaimers around the Premises and will abide adhere to the warnings imposed by the signage as well as the rules provided, whether verbal or in writing, at all times.
- The Guest agrees and acknowledges that he/she is authorised to accept these terms and conditions on behalf of their guest/s and any minor(s) by completing the details for the minor(s) and signature thereto. The parent(s) and/or legal guardian(s) remains responsible for the safety of the minor(s) at all times.
- This indemnity is irrevocable and shall remain valid for an indefinite period commencing from date of signature hereof terminating only upon written advice given to the Guest by Sunday’s River Adventures.
- All provisions of this this Indemnity and Waiver Form are severable from each other. Any provisions of this Indemnity and Waiver Form which is or becomes unenforceable, whether due to voidness, invalidity, illegality, unlawfulness or any other reason whatsoever, shall, only to extend that it is so unenforceable, be treated as pro non scripto and the remaining provisions of this Indemnity and Waiver Form shall remain of full force and effect.
- Signatory warrants as a statement of fact that I have full legal capacity to enter into this agreement and confirm that I have read and understand the terms of this Indemnity and Waiver Form and agree to be bound by the terms hereby.
Please enjoy your fun day in the sun 🙂 Thank you from the Team at Sundays River.