- By contracting the services of Touramis Pty Ltd, I acknowledge and accept that:
- 1. The Company will not be liable to me in respect of any damages, losses or liabilities incurred by me arising from or in connection with the Tour. Notwithstanding anything else contained herein, the Company shall not be liable for punitive damages, indirect damages, consequential damages, third party claims or any claims imposed on me by laws or statutes of countries outside of the Republic of South Africa. The Company shall not be liable for any damages, losses or other amounts that I have agreed, settled or compromised without the prior written consent of the Company, or which I am otherwise contractually bound to pay to any other person or entity.
- 1.1. The Company will not be liable or responsible to me for any direct or indirect damages or losses of any nature whatsoever, including those arising from any personal injury or death or loss of or damage to any property unless caused by the Company’s recklessness or willful misconduct (irrespective of the cause of such injury, death, loss or damage).
- 1.2. I hereby indemnify, hold harmless and expressly exempt and release the Company from any and all liabilities and claims arising from any cause whatsoever, including those related (whether directly or indirectly) to my, and my dependents’ participation in the Tour.
- 1.3 I hereby waive and abandon any and all liabilities and claims of any nature whatsoever, howsoever arising, which I might have against the Company, and releases the Company against any and all liability and claims that may arise or accrue to me.
1.2. Each of the indemnities, disclaimers, waivers, releases and other provisions of this Agreement are separate and severable provisions which are individually and jointly enforceable. In the event that any one or more of the provisions of this Agreement are found to be invalid, unlawful and/or unenforceable such provisions will be severable from the remaining provisions and the remaining provisions shall continue to be valid, in full force and effect.
I acknowledge that in the event that I am injured during the Tour, the Company may at its sole discretion, without prejudice and/or admission of liability, arrange and assist for emergency medical treatment or evacuation for and on behalf of myself, and that I will be responsible to reimburse the Company in full for any such medical and related expenses.
- I am aware that this document has legal consequences and I fully understand its contents and/or implications.