INDEMNITY AND ASSUMPTION OF RISK FORM

This indemnity and assumption of risk form (this Form) is a legal document that affects your rights. By signing this Form, you acknowledge that you have read and understood the terms herein and agree to them unconditionally.

  1. ASSUMPTION OF RISK
    • I understand that participation in activities at Dunkeld Country & Equestrian Estate (the Resort), including but not limited to horse riding, quad biking, paintballing, archery, swimming, fly fishing, game viewer vehicle transport, tractor and trailer transport, jungle gym use, jumping castle activities, hiking, trail running, and/or mountain biking, involves inherent risks. These risks may include personal injury, death, or damage to property.
    • I voluntarily assume full responsibility for any risk of loss, property damage, or personal injury, including death, that may be sustained by me or any minor in my care, or any loss or damage to property owned by me, as a result of participating in any of the activities offered at the Resort.
  2. MEDICAL CONDITIONS AND FITNESS TO PARTICIPATE
    • I declare that I am physically and medically fit to participate in the activities at the Resort. I have disclosed any relevant medical conditions to the Resort's management and understand that failure to disclose such conditions may result in increased risk to my health and safety.
    • I understand that the Resort reserves the right to refuse participation in any activity if the management believes that my health or medical condition could pose a risk to my safety or the safety of others.
  3. SOBRIETY AND AGE RESTRICTIONS
    • I confirm that I am not under the influence of drugs or alcohol while participating in any activities at the Resort. If I choose to operate any vehicle, including but not limited to quad bikes, I affirm that I am at least 18 years old and possess a valid driver's license.
    • I agree that I may only operate such vehicles under the supervision of the Resort's designated activity leaders, after providing valid proof of identity, age, and address.
  4. COMPLIANCE WITH INSTRUCTIONS
    • I agree to follow all instructions and safety guidelines provided by the Resort’s staff and instructors at all times. I acknowledge that non-compliance with these instructions may result in the immediate termination of my participation in the activities without refund or recourse.
    • I understand that the Resort reserves the right to terminate my participation in activities if my actions are deemed unsafe, disruptive, or otherwise harmful to myself or others.
  5. LIABILITY AND WAIVER OF CLAIMS
    • I hereby waive, release, and discharge the Resort, its directors, employees, contractors, agents, and representatives from any and all claims, liabilities, damages, or expenses that may arise out of, or relate to, any injury, loss, or damage sustained by myself or any minor in my care while on the premises of the Resort or participating in its activities, even if such injury, loss, or damage arises from the negligence of the Resort.
    • I acknowledge that I am responsible for any damage to property, injury to others, or loss incurred as a result of my actions or the actions of any minor in my care while participating in activities at the Resort.
  6. INDEMNIFICATION
    I agree to indemnify, defend, and hold harmless the Resort, its officers, directors, employees, and agents against all claims, lawsuits, damages, liabilities, and expenses (including attorney's fees) that may arise from my participation or the participation of any minor in my care in any activity offered by the Resort.
  7. PHOTO AND VIDEO CONSENT
    I consent to the use of my image and the image of any minor in my care in photographs or video recordings taken during activities at the Resort for marketing, promotional, or informational purposes. I understand that these images may be used without my further consent or compensation.
  8. BINDING EFFECT
    This Form shall be binding upon myself, my heirs, executors, administrators, successors, and assigns. I understand that the terms of this Form are legally binding and that I am voluntarily waiving certain rights by signing below
  9. GOVERNING LAW
    This Form and all disputes arising out of or in connection with its interpretation or performance shall be governed by the laws of the Republic of South Africa.
  10. DECLARATION
    • By signing this Form, I declare that I have read and fully understand all the terms and conditions stated above. I acknowledge that I have had the opportunity to ask questions and seek independent legal advice before signing.
    • I confirm that I freely and voluntarily agree to all the terms and conditions outlined in this Form without any inducement, assurance, or guarantee being made to me.
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