Foundation for a Sustainable Future
"*" indicates required fields
1. INTRODUCTION AND VOLUNTARY PARTICIPATION
1.1 This Participant Indemnity, Waiver and Acknowledgment of Risk (“Indemnity”) applies to the participation by the undersigned (“Participant”) in the activity as reflected in the online registration confirmation (“Activity”).
1.2 The Activity is organised and administered by the Foundation for a Sustainable Future NPC (“FFASF”), in cooperation with the South African National Parks (“SANParks”), as part of conservation and environmental engagement initiatives.
1.3 The Participant confirms that participation in the Activity is entirely voluntary and that the Participant elects to participate of his or her own free will, with full appreciation that the Activity takes place in a remote, unfenced, and environmentally sensitive area.
1.4 The Participant warrants that:
1.4.1 the Participant is over the age of 18 years and has full legal capacity to enter into this Indemnity; or
1.4.2 where the Participant is a minor, this Indemnity is completed and accepted by the Participant’s parent or legal guardian in accordance with Section 9 below;
1.4.3 and that the information provided in the online registration form is true and correct in all material respects.
1.5 The Participant acknowledges that FFASF’s role is limited to organising and facilitating the Activity within the operational framework agreed with SANParks, and that certain components of the Activity may be conducted by SANParks personnel or other authorised service providers.
1.6 By proceeding to the acceptance section below and electronically confirming agreement to this Indemnity, the Participant records that he or she has read, understood, and voluntarily agreed to be bound by its terms.
IMPORTANT NOTICE: THIS DOCUMENT CONTAINS PROVISIONS THAT LIMIT THE LIABILITY OF FFASF AND REQUIRE YOU TO ASSUME CERTAIN RISKS. PLEASE READ SECTIONS 2, 3, 4, 5 AND 6 CAREFULLY BEFORE ACCEPTING.
2. DISCLOSURE OF MATERIAL RISKS
2.1 The Participant acknowledges that the Activity takes place in a remote, unfenced, natural environment and involves inherent risks that may result in serious injury, illness, death, or loss of or damage to property.
2.2 Without limiting the generality of clause 2.1, the Participant expressly acknowledges and understands that the risks associated with the Activity include, but are not limited to:
2.2.1 Environmental and Natural Risks
2.2.1.1 exposure to wild animals, including potentially dangerous animals, whether on foot, in vehicles, or within the camp environment;
2.2.1.2 exposure to natural elements, including extreme heat, cold, rain, wind, lightning, flooding, and wildfires;
2.2.1.3 uneven, rough, or unstable terrain, including bushveld, riverbeds, rocky areas, and unmarked pathways;
2.2.1.4 exposure to insects, snakes, scorpions, and other wildlife capable of causing injury or illness; and
2.2.1.5 limited or delayed access to medical facilities due to the remote location of the Activity.
2.2.2 Operational and Activity-Related Risks
2.2.2.1 transportation in open or specialised vehicles, including travel over rough or unpaved terrain;
2.2.2.2 participation in guided walks, conservation activities, or other outdoor activities conducted in wildlife areas;
2.2.2.3 camping in the open or semi-permanent structures within an unfenced environment;
2.2.2.4 the use, presence, or discharge of firearms by authorised personnel for safety purposes;
2.2.2.5 slips, trips, falls, or other accidents occurring within the camp or surrounding environment; and
2.2.2.6 food preparation and consumption in a remote setting.
2.3 The Participant acknowledges that the above risks are unusual, material, and inherent to the nature of the Activity, and that no representation has been made that participation in the Activity is risk-free.
2.4 The Participant further acknowledges that, despite the implementation of reasonable safety measures by FFASF and/or SANParks, it is not possible to eliminate all risks associated with participation in the Activity.
2.5 The Participant confirms that he or she has been afforded an adequate opportunity to read and understand this Indemnity, to ask questions regarding the risks described above, and to obtain independent advice if considered necessary before agreeing to participate in the Activity.
3. ASSUMPTION OF RISK
3.1 The Participant confirms that he or she has read and understood the risks disclosed in Section 2 above and voluntarily elects to participate in the Activity notwithstanding those risks.
3.2 The Participant expressly assumes full responsibility for all risks of injury, illness, death, or loss of or damage to property arising from or in connection with participation in the Activity, whether such risks arise from:
3.2.1 the inherent nature of the environment in which the Activity takes place;
3.2.2 participation in any component of the Activity; or
3.2.3 the acts or omissions of other participants.
3.3 The Participant acknowledges that participation in the Activity requires a reasonable level of physical fitness, awareness, and personal responsibility, and confirms that:
3.3.1 he or she is in suitable physical and mental condition to participate;
3.3.2 he or she is not aware of any medical or other condition that would render participation unsafe; and
3.3.3 all relevant medical, allergy, or health information has been accurately disclosed in the registration process.
3.4 The Participant accepts that FFASF does not provide medical advice and that the responsibility for assessing personal fitness to participate rests solely with the Participant (or, in the case of a minor, the parent or legal guardian).
3.5 The Participant acknowledges that the assumption of risk recorded in this Section 3 is a material condition of participation in the Activity and forms an essential basis upon which FFASF permits the Participant to take part in the Activity.
4. DISCLAIMER OF LIABILITY
4.1 To the fullest extent permitted by applicable law, FFASF shall not be liable to the Participant for any loss, damage, injury, illness, or death arising from or in connection with participation in the Activity, where such loss, damage, injury, illness, or death results from:
4.1.1 the inherent environmental and operational risks disclosed in Section 2;
4.1.2 the Participant’s voluntary participation in the Activity; or
4.1.3 circumstances beyond the reasonable control of FFASF, including natural events or wildlife-related incidents.
4.2 Without limiting clause 4.1, FFASF shall not be liable for:
4.2.1 any indirect, consequential, or special loss or damage;
4.2.2 loss of or damage to personal property brought to or used during the Activity;
4.2.3 any injury or harm arising from compliance with safety instructions, camp rules, or operational protocols implemented for participant safety; or
4.2.4 the acts or omissions of other participants.
4.3 The Participant acknowledges that certain components of the Activity may be conducted or supervised by SANParks personnel or other authorised third parties, and that FFASF does not assume liability for the conduct of such third parties beyond the extent required by law.
4.4 Nothing in this Indemnity shall exclude or limit liability to the extent that such exclusion or limitation is prohibited by applicable law, including liability arising from gross negligence or wilful misconduct where such liability may not lawfully be excluded.
4.5 The Participant acknowledges that the disclaimers contained in this Section 4 are reasonable, form a material basis of the Participant’s participation in the Activity, and are intended to operate in conjunction with the assumption of risk recorded in Section 3 above.
5. WAIVER OF CLAIMS
5.1 The Participant hereby irrevocably waives and abandons any and all claims, actions, causes of action, demands, or proceedings which the Participant may now or in the future have against FFASF arising from or in connection with participation in the Activity, to the fullest extent permitted by applicable law.
5.2 The waiver in clause 5.1 extends to claims against:
5.2.1 FFASF;
5.2.2 its directors, officers, employees, volunteers, and representatives;
5.2.3 its contractors, service providers, and agents engaged in connection with the Activity; and
5.2.4 any affiliated or associated entities acting within the scope of the Activity,
(collectively, the “Released Parties”).
5.3 The Participant acknowledges that this waiver applies to claims arising from bodily injury, illness, death, loss of income, loss of opportunity, or damage to property, whether such claims arise in delict, contract, statute, or otherwise, and whether foreseen or unforeseen at the time of acceptance of this Indemnity.
5.4 The Participant agrees that neither the Participant nor the Participant’s heirs, dependants, executors, administrators, or assigns shall institute or pursue any claim or proceedings against any of the Released Parties in respect of matters waived under this Section 5.
5.5 Nothing in this Section 5 shall operate to waive any rights that may not lawfully be waived under applicable legislation.
6. INDEMNITY UNDERTAKING
6.1 The Participant hereby indemnifies, holds harmless, and agrees to defend the Released Parties against any and all claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable legal costs) arising from or in connection with:
6.1.1 any act or omission of the Participant during or in connection with the Activity;
6.1.2 any breach by the Participant of camp rules, safety instructions, or lawful directives issued by FFASF, SANParks personnel, or authorised guides;
6.1.3 any damage to property, equipment, facilities, or the natural environment caused by the Participant beyond reasonable wear and use; or
6.1.4 any claim brought by a third party arising out of the conduct of the Participant during the Activity.
6.2 The indemnity in clause 6.1 applies whether the claim is brought by another participant, a contractor, SANParks, or any other third party, and whether such claim arises in delict, contract, statute, or otherwise.
6.3 The Participant acknowledges that this indemnity constitutes a separate and independent obligation and shall not be limited by the existence of any insurance maintained by FFASF.
6.4 The obligations contained in this Section 6 shall survive the completion, cancellation, or termination of the Activity and shall remain in force notwithstanding the Participant’s departure from the Activity.
6.5 Nothing in this Section 6 shall require the Participant to indemnify any Released Party in respect of liability arising from that Released Party’s gross negligence or wilful misconduct to the extent that such indemnity would be unenforceable under applicable law.
7. MEDICAL CONSENT AND FITNESS REPRESENTATION
7.1 The Participant represents and warrants that:
7.1.1 he or she is in good physical and mental health and is fit to participate in the Activity;
7.1.2 there is no medical, physical, psychological, or other condition that would render participation in the Activity unsafe or inadvisable; and
7.1.3 all relevant medical information, allergies, pre-existing conditions, and medication requirements have been accurately disclosed in the online registration form.
7.2 The Participant acknowledges that participation in the Activity may require physical exertion, exposure to environmental stressors, and the ability to respond appropriately in potentially hazardous situations.
7.3 The Participant agrees to immediately inform FFASF, the appointed guide, or any responsible official of any change in health condition, injury, or medical concern arising before or during the Activity.
7.4 In the event of illness, injury, or medical emergency during the Activity, the Participant:
7.4.1 consents to receive first aid and emergency medical treatment as deemed reasonably necessary under the circumstances;
7.4.2 authorises FFASF, SANParks personnel, or authorised representatives to arrange evacuation or medical assistance where required; and
7.4.3 agrees that the cost of such medical treatment, evacuation, or related services shall be borne by the Participant, unless otherwise covered by applicable insurance.
7.5 The Participant acknowledges that medical facilities in the vicinity of the Activity may be limited and that access to advanced medical care may be delayed due to the remote location.
7.6 The representations and acknowledgments contained in this Section 7 are material to FFASF’s agreement to permit the Participant to participate in the Activity.
8. PERSONAL INFORMATION CONSENT (POPIA)
8.1 The Participant acknowledges that, in order to administer the Activity, ensure participant safety, and comply with legal and insurance requirements, FFASF may collect, process, store, and use the Participant’s personal information provided during the online registration process.
8.2 Such personal information may include, without limitation:
8.2.1 identifying information (including name, identity or passport number, contact details, and address);
8.2.2 medical information and allergy disclosures relevant to participation in the Activity; and
8.2.3 emergency contact details.
8.3 The Participant consents to FFASF processing such personal information for purposes including:
8.3.1 administration and organisation of the Activity;
8.3.2 risk management, safety planning, and emergency response;
8.3.3 compliance with applicable insurance requirements;
8.3.4 compliance with legal and regulatory obligations; and
8.3.5 record-keeping in connection with the Activity.
8.4 The Participant acknowledges that FFASF may share relevant personal information with:
8.4.1 SANParks, to the extent necessary for participation in the Activity;
8.4.2 authorised service providers engaged in connection with the Activity;
8.4.3 medical personnel in the event of an emergency; and
8.4.4 insurers or legal advisers where reasonably required in relation to a claim or incident.
8.5 FFASF undertakes to process personal information in accordance with applicable data protection legislation, including the Protection of Personal Information Act, 2013, and to implement reasonable technical and organisational safeguards to protect such information.
8.6 The Participant confirms that the personal information provided is accurate and that he or she is authorised to provide any third-party information (including emergency contact details) submitted in the registration process.
9. MINORS
9.1 This Section 9 applies where the Participant is under the age of 18 years at the time of participation in the Activity.
9.2 The person completing and accepting this Indemnity on behalf of the minor (“Guardian”) warrants that:
9.2.1 he or she is the lawful parent or legal guardian of the minor;
9.2.2 he or she has full authority to bind the minor to the terms of this Indemnity; and
9.2.3 the information provided in the online registration process is true and correct.
9.3 The Guardian:
9.3.1 consents to the minor’s voluntary participation in the Activity;
9.3.2 confirms that the minor is in suitable physical and mental condition to participate; and
9.3.3 acknowledges and accepts, on behalf of the minor, the environmental and operational risks disclosed in Section 2.
9.4 The Guardian, in his or her personal capacity and on behalf of the minor, agrees that:
9.4.1 the assumption of risk recorded in Section 3 applies equally to the minor;
9.4.2 the disclaimer of liability and waiver of claims in Sections 4 and 5 apply to the minor; and
9.4.3 the indemnity undertaking in Section 6 binds both the minor and the Guardian, jointly and severally, to the fullest extent permitted by law.
9.5 The Guardian further agrees to indemnify and hold harmless the Released Parties against any claim brought by or on behalf of the minor arising from or in connection with participation in the Activity, subject to the limitations set out in Section 6.5.
9.6 The Guardian confirms that he or she has read and understood this Indemnity in full and accepts its terms both personally and on behalf of the minor.
10. ELECTRONIC ACCEPTANCE
10.1 The Participant acknowledges that this Indemnity is presented and accepted electronically as part of the online registration process for the Activity.
10.2 By selecting the designated acceptance tick-box and electronically signing or submitting the registration form, the Participant:
10.2.1 confirms that he or she has read and understood the contents of this Indemnity in its entirety;
10.2.2 agrees to be legally bound by its terms; and
10.2.3 acknowledges that such electronic acceptance constitutes a valid and binding signature for all purposes in law.
10.3 The Participant agrees that the electronic record generated upon submission of the online form, including the date and time stamp and associated personal details, shall constitute prima facie proof of acceptance of this Indemnity.
10.4 Where the registration process generates separate documents for:
10.4.1 the SANParks activity indemnity; and
10.4.2 this FFASF Indemnity,
the Participant acknowledges that a single electronic acceptance binds the Participant to both documents to the extent applicable.
10.5 The Participant confirms that he or she has been afforded a reasonable opportunity to review the terms of this Indemnity before acceptance and has not been induced to accept it by any representation not recorded herein.
11. SURVIVAL
11.1 The undertakings, waivers, acknowledgments, and indemnities contained in this Indemnity shall remain of full force and effect notwithstanding:
11.1.1 the completion of the Activity;
11.1.2 the Participant’s early departure from the Activity;
11.1.3 the cancellation, postponement, or termination of the Activity for any reason; or
11.1.4 the termination or expiry of any agreement or arrangement between FFASF and SANParks.
11.2 The indemnity and waiver obligations contained in Sections 5 and 6 shall survive the conclusion of the Activity and shall continue to bind the Participant (and, where applicable, the Guardian) in respect of any claim arising from events occurring during the Activity.
11.3 The Participant acknowledges that the survival of these obligations is a material condition upon which FFASF permits participation in the Activity.
12. SEVERABILITY
12.1 If any provision of this Indemnity, or any part thereof, is found by a court of competent jurisdiction to be unlawful, invalid, or unenforceable, such provision shall be severed from the remainder of this Indemnity to the extent of its invalidity, without affecting the validity and enforceability of the remaining provisions.
12.2 The remaining provisions of this Indemnity shall continue in full force and effect and shall be construed, as far as possible, to give effect to the original intent reflected herein.
12.3 Where any provision is capable of more than one interpretation, it shall be interpreted in a manner that renders it valid and enforceable, to the extent permitted by applicable law.
13. GOVERNING LAW AND JURISDICTION
13.1 This Indemnity shall be governed by and construed in accordance with the laws of the Republic of South Africa.
13.2 The Participant consents to the jurisdiction of the courts of the Republic of South Africa in respect of any dispute arising from or in connection with this Indemnity or participation in the Activity.
13.3 Nothing in this Section 13 shall preclude FFASF from instituting proceedings in any other court of competent jurisdiction where required by law or where the circumstances reasonably so demand.
IMPORTANT NOTICE: THIS DOCUMENT CONTAINS PROVISIONS THAT LIMIT THE LIABILITY OF FFASF AND REQUIRE YOU TO ASSUME CERTAIN RISKS. PLEASE READ SECTIONS 2, 3, 4, 5 AND 6 CAREFULLY BEFORE ACCEPTING.
1. I voluntarily agree to participate in the above mentioned activity organized and conducted by SANParks in a national park under its jurisdiction
2. My general health is good and there is nothing that renders me unfit to undertake the above mentioned activity (due to the rough bush terrain and potentially dangerous animals, this activity requires good health, a high level of fitness and response).
3. I understand and reasonable foresee that there are risks and dangers involved:
3.1 The risk of being transported:
I understand that transport will be supplied by SANParks and that participants will set out in an open vehicle and be subjected to the natural elements;
3.2 Traveling on foot:
I understand that I will travel on foot where dangerous animals could be a risk;
3.3 Camping in the open:
I understand that participants will camp in the open and could be subjected to the natural elements and dangerous animals.
4. I, as a participant in this activity (together with my heirs), hereby indemnify SANParks against any claim, action, judgment, costs and/or expenses which I could have claimed if I had not signed this indemnity clause.
5. SANParks accepts no liability for death, injury, illness or loss or damage to property arising out of my participation in the above mentioned activity from any cause whatsoever.