MPSA INDEMNITY

INDEMNITY / WAIVER
Acknowledgement of risk and release of liability by Participants in respect of Tour Activities provided by Mountain Passes South Africa
The following waiver of all claims, release from all liability, assumption of all risks, agreement not to sue and other terms of agreement are entered into by me (the “Participant”) with and for the benefit of Mountain Passes South Africa, its owners, employees, volunteers, business operators, agents and site property owners or lessees (the “Host”). Without limiting the generality of the foregoing, the Tour Activities include but are not limited to: touring, sightseeing, game viewing, adventure activities, and conveyance as a driver or passenger in or on any vehicle on public or private roads, or in the bush or veld, provided by the Host to the Participant.
I, the undersigned, (full names)
______________________________________________________________________________
have fully read and understood this agreement before participating in the Tour Activities, hereby declare that:
1. I am aware that there are inherent dangers, hazards and risks (“Risks”) associated with the Tour Activities and that injuries resulting from the Risks are a common occurrence. I am aware that the Risks of the Tour Activities mean those dangerous conditions which are an integral part of the Tour Activities, including but not limited to:
a) the propensity of any animal to behave in ways that may result in injury, harm, or death to persons, other animals or objects;
b) the inherent danger that animals, reptiles, insects and plants pose for persons, other animals and objects;
c) road conditions and other natural hazards which are potentially dangerous and may lead to damage to my property or person;
d) the Risks associated with participation in various forms of adventure activities;
e) the potential for other participants or other persons to behave in a negligent manner that may contribute to injury to themselves or others;
f) conveyance in or on any vehicle (open or closed) on roads, or in the bush or veld.
2. I freely accept and fully assume all responsibility for all Risks and possibilities of any and all personal injury, death, damage to property or loss resulting from my participation in the Tour Activities.
3. I agree that although the Host has taken steps to reduce the Risks and increase the safety of the Tour Activities, it is not possible for the Host
to make the Tour Activities completely safe. I accept these Risks and agree to the terms of this waiver even if the Host is found to be negligent or in breach of any duty of care or any obligation to me in my participation in the Tour Activities.
4. In addition to consideration given to the Host for my participation in the Tour Activities, I and any or all of my wedded spouse, common-law spouse, heirs, next of kin, executors, administrators and assigns agree:
a) to waive all claims that I have or may have in the future against the Host;
b) to release and forever discharge the Host from all liability for personal injury, death, damage to property, or loss resulting from my participation in the Tour Activities due to any cause, including but not limited to negligence (failure to use such care as a reasonably prudent and careful person would use under similar circumstances), breach of any duty imposed by law, breach of contract or mistake or error in judgment of the Host;
c) to be liable for and to hold harmless and indemnify the Host from all actions, proceedings, claims, damages, costs, demands, including court fees and costs on an attorney and own client basis, and liabilities of whatsoever nature or kind arising out of or in any way connected with my participation in the Tour Activities.
5. I agree that this waiver and all terms contained herein are governed exclusively and in all respects by the laws of the Country, Province or Territory of Southern Africa in which the Tour Activities are provided by the Host. I hereby irrevocably submit to the exclusive jurisdiction of the courts of the Country, Province or Territory of Southern Africa and I agree that no other court can exercise jurisdiction over the terms and claims referred to herein. Any litigation to enforce this waiver will be instituted in the Country, Province or Territory of Southern Africa in which the Tour Activities are provided by the Host.
6. I acknowledge an awareness of the proposed itinerary and confirm that I am medically fit, in good physical and mental health, and am able to embark on the tour.
7. I confirm that I have had sufficient time to read and understand this agreement in its entirety. I understand that this agreement represents the entire agreement between myself and the Host and that it is binding on myself and my legal representatives.
8. I confirm that I have reached the age of majority in any country in which I am participating in the Tour Activities.
THUS DONE AND SIGNED AT …………………………………………………………………………………………………………………………………………
(Place)
ON THIS …………………………… DAY OF …………………………………………………………………………… 20…………………
…………………………………………………………………………………………… ………………………………………………………………………………………………
Participant (Witness)