INDEMNITY REQUIRED FOR ACCESS TO THE SEAVIEW PRIVATE SANCTUARY
By completing and submitting this electronic form, I hereby acknowledge, record and stipulate that:
1. Jendamark Automation Proprietary Limited Registration Number 2000/031137/07 is the owner of the Seaview Private Sanctuary (the “Sanctuary”).
2. I wish to gain access to the Sanctuary, and understand and accept that this Indemnity is required for such access.
3.1. signed by myself if I am a parent/legal guardian of such minor; or
3.2. signed by a parent/legal guardian of such minor, in which event, I hereby understand and accept, and I shall ensure that such parent/legal guardian also understands and accepts, that by so signing both I and such parent/legal guardian jointly and severally hereby give this Indemnity on behalf of such minor.
4. This Indemnity is given in favour of Jendamark Automation Proprietary Limited Registration Number 2000/031137/07, its directors, guides, employees, agents, volunteers, officers, and directors, and the successors in title and assigns of any and all of the aforementioned, all of whom/which individually and collectively are hereinafter referred to as the “Indemnified Party”.
5. I am aware of and have familiarised myself with any and all the inherent and real dangers and risks that are associated with the Sanctuary, which I accept cannot be eliminated, and which (as is so with any nature reserve and/or game lodge), amongst others, include:
5.1. those that arise from the presence of wild and dangerous animals, reptiles (such as snakes), fish, birds and insects and flora (such as poisonous and/or thorny plants) and uneven ground and surfaces and unfenced dams, streams, and/or bodies of water, and the bodily harm, sickness, paralysis, personal injury, death and/or damage and/or loss of property, that may arise as a result of an encounter with any of the aforementioned creatures, and/or the particular circumstances prevailing on the Sanctuary, and/or various recreational activities such as game drives, bush walks and any other activity organised on the Sanctuary by the Indemnified Party (whether supervised or not);
5.2. environmental risks that arise from there not always being protection and/or adequate protection in the form of fences, building and vehicles in which to take cover in potentially dangerous and/or hazardous circumstances; and
5.3. serious sunburn and heat exhaustion that may result from unprotected exposure, directly or indirectly, to the heat of the sun and/or any other injury or death that may arise from being exposed to the elements.
6. I accept full responsibility for the actions and safety of any minor named in Annexure B hereto, and accept and understand that the nature of the Sanctuary, as more fully detailed in clause 5 above, is such that it is potentially dangerous for such minor, and that I am expected to and shall control such minor to prevent such minor from harming himself/herself and/or anyone else and/or any property.
7. Whilst having access to the Sanctuary, I will comply with all instructions and/or rules (including, but not limited to, the payment of any fines or penalties specified therein) issued by the Indemnified Party, including, but not limited to, in respect of the use of any accommodation, entertainment, cooking, eating, and/or drinking facility and/or area, and will not engage in, and/or permit any minor named in Annexure B hereto to engage in, any of the following prohibited activities (unless authorised to do expressly and in writing by the Indemnified Party):
7.1. hunting, culling, capturing, shooting, injuring, or harming, any animals, reptiles (such as snakes), fish, birds and insects;
7.2. excavating or removing any soil;
7.3. depositing any refuse, littering, and/or causing any pollution;
7.4. damaging, removing, or planting any flora;
7.5. bringing in any fauna (including, but not limited to, any pets or other domesticated animals);
7.6. bringing in any flora (including, but not limited to, any plants edible by any animals);
7.7. creating any disturbing and/or excessive noises;
7.8. making any fire or increasing the risk of any fire in any way, such as, but not limited to, by collecting or moving any wood, dried grass, or twigs;
7.9. collecting or taking anything away such as, but not limited to, firewood, stones, fauna (living or dead), and flora (living or dead);
7.10. exceeding a speed of 30km (thirty kilometres) per hour and/or being reckless and/or moving off a designated path, track or road, when travelling in or on any vehicle, including but not limited to any motorised or self-propelled bicycle;
7.11. using any boats or flotation device of any description on any dams, river, stream, or any other body of still or moving water;
7.12. conducting any business of any description, including but not limited to personal gain, and whether or not with a profit-motive; and/or
7.13. entering in any area that the Indemnified Party informs me or designates as off limits, and/or remaining in any area that that the Indemnified Party informs me or designates as off limits even if I was not so informed and/or such area was not so designated when I entered such area.
8. I and/or any minor named in Annexure B hereto shall immediately exit the Sanctuary should I and/or such minor be requested to so by the Indemnified Party, and no reason for such request need be given by the Indemnified Party.
9. Data Protection:
9.1. The following terms shall have the meanings assigned to them hereunder and cognate expressions shall have corresponding meanings:
9.1.1. “POPIA” means the Protection of Personal Information Act, No. 4 of 2013;
9.1.2. “data subject” means “data subject” as defined in POPIA;
9.1.3. “personal information” means “personal information” as defined in POPIA;
9.1.4. “processing” means “processing” as defined in POPIA; and
9.1.5. “responsible party” means “responsible party” as defined in POPIA.
9.2. For the purposes of this Indemnity and accessing the Sanctuary, the Indemnified Party may need to process personal information disclosed by me. I hereby consent to such processing where the need arises.
9.3. The Indemnified Party shall only process the personal information disclosed by me as contemplated in clause 9.2 above:
9.3.1. in compliance with POPIA, and in particular if: such processing complies with an obligation imposed by law on the responsible party; such processing is with the consent of the data subject; such processing protects a legitimate interest of the data subject; and such processing is necessary for pursuing the legitimate interests of the responsible party;
9.3.2. as is necessary for any the purposes set out in clause 9.2 above;
9.3.3. for maintaining the Indemnified Part’s internal administrative processes, including any quality, risk, client, and/or vendor management processes;
9.3.4. for any internal and external business related purposes and/or any statistical and/or research purposes; and
9.3.5. in accordance with my lawful and reasonable instructions.
9.4. As contemplated in clause 9, I hereby consent to the Indemnified Party taking and/or posting and/or sharing on social media and/or in any promotional material any photographs and/or videos of me and/or any minor named in Annexure B hereto in respect of my and/or such minor’s access to the Sanctuary.
10. All matters arising from and/or in connection with this Indemnity, its validity, existence, and operation, shall be interpreted, determined, and governed, in accordance with the laws of the Republic of South Africa.
11. I hereby, in my own name, and on behalf of any minor named in Annexure B hereto, and on behalf of my and/or such minor’s executors, trustees, curators, successors in title and assigns, fully indemnify, waive, hold harmless, and release the Indemnified Party from any and all liability howsoever, whatsoever, and whensoever arising, including, but not limited to, for any and all injury, paralysis, death, damage, loss, claim, legal costs, and/or expense, in respect of my and/or such minor’s access to the Sanctuary, save in respect of any act of the Indemnified Party intended by the Indemnified Party to cause me and/or such minor harm, death, and/or damage to property.
12. Without in any way limiting the ambit of this Indemnity, and whilst accessing the Sanctuary:
12.1. I hereby authorise but do not obligate the Indemnified Party in the sole discretion of the Indemnified Party, for the exercise of which discretion no reason need be given, to arrange medical treatment for and on behalf of myself and any minor named in Annexure B hereto.
12.2. I hereby undertake to have in place full insurance cover for any such medical treatment contemplated in clause 11 above, and to fully reimburse the Indemnified Party for any costs thereof incurred by the Indemnified Party.
12.3. I am not exempted by this Indemnity from any claim against me by anyone (including, but not limited to, the Indemnified Party, for any and all injury, paralysis, death, damage, loss, claim, legal costs, and/or expense.