Terms and Conditions
As Mount Everest Guest Farm is a very popular mountain climbing spot we have a standard Indemnity for all guests.
SECTION 1: DEFINITIONS
The following words shall have the meanings set out opposite them in this Indemnity Form:
“Activity” means any activities that are carried out on the Farm, whether recreational or otherwise, which activities include, without limitation, guided or instructional activities and/or independent activities and reference to “Activities” will have the corresponding meaning;
“Company” means FIRN Assets (Pty) Ltd, registration number 2019/003362/07
“Farm” means the Mount Everest Game Farm;
“Guest” means the person identified in the information block above, and who is a guest on the Farm for any reason whatsoever, including, without limitation, a day visitor or an invitee of a guest on the Farm; and
“Indemnity Form” means this indemnity form, which is to be completed in full by the Guest, or his/her representative, undertaking to indemnify the Company for the Guest’s involvement and/or participation in an Activity, subject to the terms and conditions set out herein.
SECTION 2: INDEMNITY BY GUEST
1. I, the undersigned, hereby acknowledge that my involvement and participation in the Activities on the Farm is undertaken at my own risk and that I accept and assume full responsibility for my involvement and participation therein.
2. I, the undersigned, hereby acknowledge and assume full responsibility for my involvement and participation in the Activities.
3. I hereby indemnify and hold harmless, at all times, the Farm, its owners, employees, agents, representatives and/or associates against all direct and consequential losses or damages sustained by me during the Activities in consequence of any breach of a statutory duty arising under any applicable law, claim for or in respect of the death or personal injury of any individual, howsoever caused, or other claim, action, charge, cost, demand or expense,(including, without limitation, any legal fees or costs) arising in connection with the Activities and confirm that the aforementioned will not be liable to me or my dependents for any claims arising therefrom.
4. While being present on the Farm, the Farm, its owners, employees, agents, representatives and/or and associates will not be held liable for any loss of or damage to any property sustained by me, howsoever such loss or damage is caused.
5. I undertake to comply with the instruction of the Farm’s employees, officials and/or representatives as well as all regulatory requirements of the Farm and the Republic of South Africa.
6. I hereby indemnify the Farm and the Farm’s owners, employees, agents, representatives and/or associates against and hold it harmless from any claims or damages which may be instituted or suffered by any person, including legal costs incurred, as a result of any loss or injury whether fatal or otherwise, to any person or event or as a result of any act of mine or failure by me to comply with any conditions contained herein, or instructions given, in the undertaking of the Activities.
7. I accept that this Indemnity Form sets out the full basis of the relationship between myself and the Farm, its owners, employees, agents, representatives and/or associates and I acknowledge that it is governed by the laws of South Africa and that in the event of my bringing any legal action against the Farm, its owners, employees, agents, representatives and/or associates, I agree that only the courts of South Africa shall have jurisdiction.
8. Once the indemnity form has been signed, all activities are non- transferable and non-refundable.
9. I am not under the influence of alcohol or any other drug with narcotic effect when completing this Indemnity Form.
10. I confirm that I am not suffering from any of the medical conditions listed that may preclude me from doing any Activities.
THE FOLLOWING CONDITIONS MAY BE ADVERSELY AFFECTED BY ANY ASSOCIATED ACTIVITIES YOU ARE ABOUT TO UNDERTAKE:
Pregnancy, High Blood Pressure; Heart Conditions; Neurological Disorders; Epilepsy; Acute or Chronic Knee or Back Disorder; Conditions of the Skeleton, Muscles or Nervous System; Osteoporosis; Serious Car Accident; Recent Operation; Dislocations. Any person with declared medical conditions will not be permitted to partake unless a medical certificate approving the Activities, signed within the previous 30 (thirty) days is obtained. The original copy is to be handed in before the Activity is undertaken. If you are uncertain of these conditions, please confirm with the Farm’s employees.
SECTION 3: UNDERTAKING BY GUEST
2. I undertake to familiarise myself with all rules, policies, procedures and/or instructions prescribed and/or communicated by the Farm time, particularly (but without limitation) relating to the Activities. I furthermore agree to obey all the said rules, policies, procedures and/or instructions. I hereby confirm that I had an opportunity to ask questions and that all the aforesaid questions have been answered by the Farm, its owners, employees, agents, representatives and/or associates to my complete satisfaction.
3. I, the undersigned, hereby confirm that I understand the nature and extent of this document, and any consent described and granted herein, in confirmation of which I do hereby duly sign and attest to this document.
4. I hereby declare my age on the date of signature hereof to be above 18 years.
5. I HEREBY AGREE THAT ALL INFORMATION PROVIDED BY ME IS TRUE AND CORRECT AND I HAVE READ AND UNDERSTAND THIS INDEMNITY FORM.
DECLARATION BY PARENT / GUARDIAN (Must be signed in the event that the Guest’s current age is under 18 years)
1. I hereby declare I am the legal guardian of the above minor signatory (“minor signatory”), and I hereby assist, approve, ratify and agree to the above minor signatory signing this Indemnity Form.
2. I hereby waive any and all rights, claims, demands and causes of action which I may have against the Farm, its owners, employees, agents and/or associates during the minor signatory’s involvement and participation in the Activities.
3. I furthermore hereby indemnify the Farm, its owners, employees, agents, representatives and/or associates against any and all liability, loss, damages and legal costs which the Farm, its owners, employees, agents, representatives and/or associates may incur or sustain as a result of any claims which may be instituted by the minor signatory (after reaching the age of 18 (EIGHTEEN) years or while still a minor, with the assistance of his/her guardian) to the extent that same have arisen from, have occurred during or are in any way related to the minor signatory’s involvement or participation in Activities (whether such claim or claims are based on contract, negligence of any person or any other cause of action).