SAFARIS UNLIMITED (AFRICA) LIMITED
P O Box 24181 - 00502, Nairobi, Kenya (“the Company”)
INDEMNITY FORM
This form is to be completed by all individuals over 18 years old and on behalf of all/any accompanying minors by a parent or guardian before embarking on any Safari organized by the Company. Please read this form carefully before signing.
1. PARTICIPANT INCOMPATIBILITY
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 the same.
2. INSURANCE AND MEDICAL PRECAUTIONS
I participate in this Safari on the understanding that before arrival I have taken out comprehensive insurance cover against Safari cancellation, personal injury (whether fatal or otherwise), medical and emergency evacuation and loss of cash and/or loss of damage to personal property. You are also expected to have taken medical advice on the prevention of such illnesses as may be contracted in Africa, and to have been appropriately vaccinated or inoculated.
3. LIABILITY
(a) The Company is insured, as required by Kenyan 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 agree not to do anything that would make this insurance invalid, or unnecessarily increase the insurance premia payable thereof, 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.
(b) 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.
(c) While every reasonable precaution is taken to ensure your safety and the security of your property, neither the Company nor any of its employees, agents and/or 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.
(d) 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 reasonable efforts shall be made to keep these costs to the minimum and to consult Clients over any revision of plans.
4. FITNESS
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 therefrom or attendant thereto.
5. RELEASE AND WAIVER OF RISK
(a) I acknowledge that there are various risks associated with my participating in safari tours, excursions, activities and expeditions (“the Safari”), including risks associated with going on safari while being in close proximity to wild and unpredictable animals, in unpredictable weather and in rough terrain. I therefore undertake the activity entirely at my own volition and risk.
(b) 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, wilful and or negligent acts and omissions of others, 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.
(c) 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/or 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 further ACKNOWLEDGE that I am doing so at my own volition and being fully aware of the attendant risks.
(d) I PROMISE NOT TO SUE the Company on account of any losses, claims, costs, liabilities or damages. I further expressly acknowledge that this Indemnity Form has legal binding effect and that the terms of this document shall serve as a release and waiver of risk for my heirs, executors, administrators and assignees and those of any minors accompanying me.
(e) I CONSENT to receive medical treatment which may be deemed advisable by the representatives or agents of the Company in the event of injury, accident and/ or illness during the activity. 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.
6. I CONFIRM that I have read this document and fully understood its contents, acknowledging that this liability release form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
7. If any portion of this waiver is unenforceable, such portion shall be struck out provided that the remaining portion shall remain in full force and effect. This waiver shall be governed by Kenyan law and its courts shall have exclusive jurisdiction.
PARENT/ GUARDIAN WAIVER FOR MINORS
The undersigned parent/guardian does hereby represent that he or she has capacity to act as such and has consented to the minor’s participation in the activity and has agreed on behalf of the minor to the terms of the liability release form herein above.
The undersigned parent/guardian agrees to save and hold harmless and indemnify the Company referred to above from all liability, loss, cost, claim, or damage whatsoever which may be imposed upon it because of any defect in or lack of such capacity to so act and release said Company on behalf of the minor and the parents or legal guardian.