Waiver, Release and Assumption of Risk
Please read this form carefully before signing, and note carefully that in doing so you surrender certain legal rights.
This is to witness the terms and conditions under which I/We shall participate in the safari organised by the company that states as follows:
The Company reserves the right, at its discretion at any time to cancel or terminate any booking, either before or during a Safari, and in particular without limiting the generality of this right, to do so in the event of illness or the illegal or incompatible behaviour of any Client who shall in such circumstances not be entitled to any refund and shall be responsible for any additional costs, although every effort shall be made to minimise these.
Insurance and medical precautions
I/We participate in this Safari on the Company’s understanding that before arrival I/we have taken out comprehensive insurance cover against Safari cancellation, personal injury (whether fatal or otherwise), medical and emergency evacuation and loss of cash or loss of or damage to personal property.
You are also expected to have taken medical advice on the prevention of such illnesses as may be contracted in East Africa, and to have been appropriately vaccinated or inoculated.
The Company is insured, as required by Kenya law and with limited liability (details of which are available on request), against claims arising from injuries sustained by passengers in its vehicles, riders on horseback or visitors to its camps. I/We agree not to do anything that would make this insurance invalid by reason of non-compliance with its conditions, including but not limited to taking all reasonable precautions to ensure safety, and particularly wearing protective headgear and other protective clothing when riding.
The Company may employ sub-contractors to undertake some or all of the components of the Safari and the provisions of clause (a) above shall apply equally to such sub-contractors and their services. All travel arrangements and other services provided by any sub-contractor are also subject to the booking and other conditions relating to the provision of arrangements and services by such sub-contractor.
While every reasonable precaution is taken to ensure your safety and your property, neither the Company nor any of its employees, agents and independent sub-contractors are liable beyond the statutory requirements of Kenya law for any such personal injury to you or loss of or damage to your property, howsoever caused while on Safari with the Company; nor will the Company be held liable for loss actual or consequential caused to you through late bookings, cancellations, delays, sickness, injury, death or failure to take health precautions and comply with statutory or immigration requirements.
The Company reserves the right to cancel any Safari or part thereof or to make alterations to itinerary, price or other components and in the event of any Safari being rendered impossible, illegal or inadvisable, in part or whole, whether through weather, strike, war, insecurity, Governmental restrictions or other circumstances beyond the control of the Company, any additional expenses shall be borne by and on the account of the Client although all efforts shall be made to keep these costs to the minimum and to consult Clients over any revision of plans.
I acknowledge that the Safari may be physically and mentally demanding and that having been made aware of the minimum physical requirements, I am fit enough physically & mentally to undertake it. I am aware that previous or existing illnesses may be aggravated by participation in the Safari contemplated, and I acknowledge that I am free from such illness and or injury and will take full responsibility for any injury or illness that may be occasioned or arise as a result of the Safari, together with any costs arising there from or attendant thereto.
Release and Assumption of Risk
I am aware that participation in any Safari organised by the Company and its associates, agents and sub-contractors, contains inherent risks of illness, injury, death or loss of or damage to personal property, whether caused by accident, wild animals, forces of nature, human negligence or Acts of God. I recognise that such risks may be present at any time during the Safari and I am also aware that medical facilities may not be readily available at all times and that such as are available may not always be of the highest standards.
Now in consideration of the premises and my participation in the Safari organised by the Company I HEREBY DECLARE AND AGREE on behalf of myself and of any minors accompanying me, to DISCHARGE AND RELEASE the Company from and hold the Company HARMLESS for the consequences of any personal injury (fatal, mental or otherwise) accidents, claims, losses, and loss of or damage to personal property which might occur. I expressly ASSUME any and all risks and liability or injury with respect to the Safari in which I have agreed to participate and all the activities comprised therein. And I pledge not to sue the Company on account of any losses, claims, costs, liabilities or damages. I further agree not to claim the unenforceability of this Release and Assumption of Risk and that all the terms of this document shall serve as a release and assumption of risk for my heirs, executors, administrators and assignees and those of any minors accompanying me.
I further acknowledge that if the Company is required to pay evacuation, medical, accommodation and other expenses on my behalf, whether or not I have fulfilled the insurance requirements specified above, I am liable to reimburse the Company for such expenses and I now declare and agree to make such reimbursements to the Company on demand.