ACKNOWLEDGEMENT, ASSUMPTION OF RISK, TERMS AND CONDITIONS, CONSENT AND INDEMNITY AGREEMENT
WHEREAS I am prepared to give certain warranties, indemnities and consents and make certain acknowledgements relating to my participation in the tour/event/activity, AND WHERE it is a condition of my participation in the tour/event/activity that the said warranties, indemnities, acknowledgements and consents be recorded in writing and signed by myself.
NOW THEREFORE I record the following:
I warrant that I am 18 years of age or older. I acknowledge that I am aware that the tour/event/activity which I will be participating in is dangerous and can result in personal injury including fatal injury to myself. I confirm that I fully appreciate the nature of the risks that I will be exposed to whilst participating in the activities. I hereby voluntarily assume all risks which are associated with the tour/event/activity and consent to the risk of any harm which may befall me whilst participating in such tour/event/activity including bodily injury and death.
I agree that I shall have no claim of whatsoever nature against the organisers, its owners, shareholders, directors, members, employees or other persons contracted (the parties) to the organisers for any injury, harm or loss of whatsoever nature which I may suffer whilst participating in the activities even if such injury, harm or loss is caused by the negligence of any of the parties.
I accordingly indemnify all the parties against any injury, harm or loss which I may suffer whilst participating in the tour/event/activity.
In addition to the exemption from liability detailed above I further agree that none of the parties shall be liable to me for any injury, harm or loss of whatsoever nature suffered by me at any time during the tour (and not only whilst participating in the activities) arising from any cause whatsoever including but not limited to illness, accident, theft, injury or death. This exemption from liability shall apply even where the injury, harm or loss referred to above is caused by the negligence of any of the parties.
KNOWING AND VOLUNTARY EXECUTION
I have carefully read and fully understand the contents of this agreement. I am aware that this is a release of liability and a contract between myself and Jeffrey’s Bay Adventures and/or Island Vibe, their agents, staff, owners, directors and the applicable Local Authority or Municipality. I acknowledge that I have been made aware of the risks involved in the tour/event/activity pre-event briefing. I acknowledge that I am of sound health and fit to participate in the tour/event/activity, and have no existing medical conditions which could negatively affect my participation AND SAFETY. I further agree that should there be any dispute and or legal action arising from this agreement, that the Laws of the Republic of South Africa as well as its courts shall have sole jurisdiction over any such matter.