CONSENT, INDEMNITY & WAIVER
1. Certify that all the information contained in this form is true and correct and that no material information whatsoever has been withheld and I acknowledge that any incorrect information may lead to the company not complying with the obligations in terms of this agreement.
2. Understand the inherent dangers associated with Wild Child Adventures (PTY) Ltd T/A Wild Child Africa expeditions (hereinafter referred to as WCA) and the risks/hazards which it poses to my health, safety and overall wellbeing.
3. Indemnifies WCA against any claims or future claims and/or any representative, employee, servant or agent against any claim whatsoever and howsoever arising which may be made against them or any of them by any person and/or against any liability which may be incurred by and/or damage which may be suffered by them or any of them, arising directly or indirectly out of any act or omission of any nature whatsoever, whether negligent or otherwise (including gross negligence), on the part of the participant.
4. Indemnifies WCA from any damages suffered, resulting from any WCA program or expedition, including but not limited to surfing; fishing; paddling climbing; hiking; abseiling; traversing (hereinafter referred to as WCA expeditions).
5. Indemnifies WCA against any claims or future claims for any cost or damages suffered due to cancellation of expeditions due to weather or any other reason.
6. Indemnifies WCA against any claims or future claims for any negligent act or omission, including any contractors, Sub-contractors and rescue parties.
7. Indemnifies WCA against any claims or future claims arising out of travels to and from any particular destinations, whether on foot, boat or otherwise.
8. Indemnifies WCA against any claims or future claims for damages, liability, expense, or cost of any kind that may arise out of WCA expeditions or the cancellation or withholding of WCA expeditions on account of weather conditions or for any reason.
GENERAL TERMS AND CONDITITIONS
1. WCA expeditions involve hazards and the risk of injury and / or death. Your expedition may involve hazards that may include the movement or fall of rock, hazardous seas and wild animals, none of which can be controlled or accurately predicted.
2. Expeditions can be physically demanding, may require intensive exertion and can result in exercise-induced injuries, including but not limited to fracture, sprain, dislocation, muscle damage, altitude sickness, snow blindness, general or specific strain. You may experience negative psychological and / or physical effects from the stresses inherent.
3. In the event of injury or illness in any remote area, there may be a need for evacuation or medical treatment when none is available on a timely basis. If evacuation and / or medical treatment is not available, there may be a need for your guide or instructor to give you such treatment such as the cleaning or closure of wounds; the splinting of strains, sprains, or breaks; the dispensing of prescription medicines; and other medical practices or first aid without the direction or supervision of a physician.
4. The participant recognises that there is a significant element of danger and risk in participating in WCA expedition. The participant accepts and assume those risks including the cost of evacuation or rescue and medical treatment where necessary. The participant confirms that he/she and all family members who are participating, including any minor children, are fully capable of participating in the activities, both mentally and physically.
5. In the event of any injury, or illness which renders the participant unconscious or if the participant is otherwise unable to make judgements or decisions on he/she’s own, the participant hereby accepts first aid treatment.
6. The participant authorises any guide, instructor, and other WCA personnel to administer first aid without the supervision of a physician and according to their own judgement, and including but not limited to any or all of the following: the dispensing and administration of prescription drugs; the cleaning, closure and bandaging of wounds; the splinting and bandaging of strains; sprains and breaks; the administration of cardio/ pulmonary resuscitation; the administration of artificial respiration; the application of tourniquets; and moving the participant to another place in hopes of improving safety and/or that of the person(s) helping the participant.
7. WCA will make every effort to accommodate requested dates for expeditions but should the required number of participants not be confirmed for a trip then the expedition may be re-scheduled and groups may also be combined to make up the required numbers at a date to be agreed.
8. In the event of any expedition to be delayed or altered because of weather considerations, trail, river or road conditions, ice, or snow conditions, including flood, avalanche or landslide, flight delays, government intervention, guide problems, contractor problems, passport problems including unexpected additional charges, sickness or other contingency, then WCA’s increased cost of the delay is not included and you shall remain liable for payment of the increased costs subject to your rights to a refund of your deposit
9. WCA will use its best endeavours for your comfort and enjoyment, it reserves the right at any time to alter or cancel without prior notice the tour, itinerary, travel arrangements or accommodation if affected by unforeseen circumstances such as personal matters, war, political matters, strikes, riots, religious matters or Vis Major, in which case no liability shall fall on WCA.
10.All baggage and personal effects are at all times at the participant’s risk. Cost of travel where applicable and cost of excess baggage is for the participants account.
11.The use of drivers (whether employees of WCA or separate service providers) to transfer participant’s vehicles is at the participant’s risk. No liability shall fall on WCA in the event of damage/loss occurring to the vehicle or the contents of the vehicle. In addition, no 3rd party liability shall fall on WCA if the vehicle is involved in an accident involving a third party. The participant is to ensure that the vehicle is comprehensively insured whilst being driven by the appointed driver.
12.WCA expedition leader has the right to exclude participants from the tour, trek, climb, course or expedition or any part thereof at any time if he feels it is in the participant’s best interest or wellbeing or other members of the party to do so.
13.It is understood by the participant he/she will travel in remote areas and in mountainous terrain and requires the participant to assume responsibility for their own fitness and well-being, including any personal medication, medical insurance and evacuation insurance.
14.If the participant has any special dietary requirements, the participant must communicate these requirements to WCA. WCA will try to accommodate the participant’s dietary requirements, however, WCA cannot guarantee it. If WCA is unable to accommodate the participant, we recommend that the participant arranges their own food.
15.In the event that WCA incurs any attorney’s fees or costs to enforce this agreement WCA may recover this fees and or cost from the participant or legal Guardian on an attorney and own client scale.
16.WCA may reserve the right to require the participant to produce an authoritative medical certificate from a registered medical practitioner that will determine if the participant is fit and capable to participate in the expedition.
17.WCA does not act as an agent but only as co-ordinator between the participant and the companies providing transportation, accommodation, guiding and other services used in conjunction with the program, and that all these services are subject to these terms and conditions and also the terms and conditions set by the other service companies.
