The bits worth reading before you fly.

You will sign this at base camp

Indemnity, Disclaimer and Waiver

PLEASE NOTE THE FOLLOWING BEFORE SIGNING THIS DOCUMENT:

All visitors and participants and participating in any activities and/or transport offered or arranged by Canopy Tours or third parties engaged by Canopy Tours by their signature of this document acknowledge that they have read & understand this indemnity, disclaimer and waiver (‘the Indemnity’) and agree to be bound by it, failing which he/she can choose not to board the transport and/or not to participate in the activities. This document must be read with the terms and conditions of Canopy Tours and which is available on their website [www.capecanopytour.co.za] (‘the Websites’)

All visitors and participants embark on any form of transport and/or participate in the Activities ENTIRELY AT THEIR OWN RISK

1. In this agreement:

1.1 “Canopy Tours” means collectively and individually as the context dictates: Cape Canopy Tours (Pty) Ltd t/a Cape Canopy Tour, Tree Top Tours (Pty) Ltd t/a Canopy Tours South Africa (Hottentots Holland Nature Reserve, R321, Grabouw, 7180), The Western Cape Nature Conservation Board t/a CapeNature, and their subsidiary companies, affiliates, employees, directors, members, agents and shareholders;

1.2 “Activity” means the tree canopy tours conducted by Canopy Tours, including but not limited to, use of and sliding along the cableway, climbing up and down platforms, walking along bridges and pathways and being conveyed by any motor vehicle, whether my own or that of a third party or Canopy Tours, travelling to or from my home to and from the point of departure for the Activity.

2. Acknowledgements

I, the undersigned person or the legal guardian of the child stated below ("my child"), hereby acknowledge and agree, on my own behalf or on behalf of the child taking part in the Activity, as the case may be, that I:

2.1 am aware of and understand the serious dangers and risks to my/(my child's) health and bodily person and those of others, including possible serious injury, infection and death that are associated with the Activity which may arise from, among other things:

2.1.1 the fact that the Activity takes place at considerable height and speed above the ground and where falling is an inherent danger;

2.1.2 the presence of rock falls, branch and tree falls, winds and other natural hazards at the Activity; and/or

2.1.3 venomous and dangerous reptiles, animals and insects;

2.2 adhere to the instructions provided at the Canopy Tours safety briefing;

2.3 am aware that it is my / (my child's) responsibility to physically control and brake myself on the slides before reaching each tree, rock or platform and failure to do so timeously may result in serious injury or possible death to myself or others and that I have been adequately briefed in this regard;

2.4 warrant that I am / (my child is) in good health, that I am not pregnant, and that I am prepared to act responsibly at all times;

2.5 warrant that I am the legal guardian of or have the full consent of the legal guardian or am an adult legally responsible for the child(ren) named below (‘the child/children’) and that I have full legal capacity to contract for him/her/them

2.6 waive any and all claims of whatsoever cause or nature, howsoever arising against Canopy Tours, which I / my child/any of the children might have arising out of any harm, injury, death or loss (including loss of or damage to property and/or personal effects) whatsoever and howsoever caused or incurred and/or suffered whilst or as a consequence of participating in the Activity and whether arising from an act or omission and/or negligence on the part of Canopy Tours; and

2.7 indemnify and hold Canopy Tours harmless from any claims stipulated in clause 2.6 above which may be made by my spouse, common law wife, my child, the children and/or any other dependant of mine or third party who may suffer any damages, including but not limited to harm, personal injury, death, loss of support or any other loss, arising from any cause whatsoever relating to their or my partaking in the Activity (including but not limited to any act or omission and/or negligence on the part of Canopy Tours).

2.8 indemnify and hold Canopy Tours harmless from any claims arising from Covid (i.e. the novel Coronavirus/Covid-19 and any known or unknown strain thereof) and/or communicable disease (i.e. an illness caused by an infectious agent or its toxins that occurs through the direct or indirect transmission of the infectious agent or its products from an infected individual or via an animal, vector or the inanimate environment to a susceptible animal or human host)

2.9 indemnify and hold Canopy Tours harmless from any legal costs (on an attorney and own client scale) that any of the Indemnified Parties may incur.

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3. This agreement is governed by the law of South Africa and jurisdiction of South African courts

4. This agreement is binding on my executors, curators, liquidators, and heirs

5. I accept that Canopy Tours may, in its discretion and without obligation to do so, arrange and pay for emergency medical treatment including hospitalization, for and on behalf of myself, spouse, my children, any of the children or relatives and/or any person accompanying me. I acknowledge that I will be directly responsible to reimburse Canopy Tours for these expenses.

6. I agree that Canopy Tours may, in its sole discretion, refuse to permit me / my child to participate or continue to participate in the Activity at any time, for any reason and that Canopy Tours may, but is not obliged to, reimburse a portion of the fees already paid as a result of such non-participation in the Activity.

7. Canopy Tours will under no circumstances be liable for any indirect, economic, consequential, or special loss or damage, irrespective of the cause.