WAIVER OF LIABILITY, RELEASE, ASSUMPTION OF RISK & GENERAL INDEMNITY FOR LOSS, DAMAGE, INJURY OR DEATH

PLEASE READ THIS CAREFULLY BEFORE AGREEING

A: ACCEPTANCE PROCEDURE BY CLICKING ON THE ACCEPTANCE BUTTON OR SIGNING OF DOCUMENT WHICH FOLLOWS THIS NOTIFICATION (MARKED “ACCEPT”) OR SIGNING OF THIS DOCUMENT, YOU INDICATE ACCEPTANCE OF THIS INDEMNITY AGREEMENT AND THE LIMITATION OF LIABILITY SET OUT THEREIN. SUCH ACCEPTANCE IS EITHER ON YOUR OWN BEHALF OR ON BEHALF OF ANY TRUST OR CORPORATE ENTITY WHICH EMPLOYS YOU OR WHICH YOU REPRESENT (‘CORPORATE LICENSEE’). IN THIS INDEMNITY AGREEMENT, ‘YOU’ INCLUDES BOTH THE READER AND ANY CORPORATE LICENSEE.

B: REJECTION PROCEDURE

YOU SHOULD THEREFORE READ THIS INDEMNITY AGREEMENT CAREFULLY BEFORE CLICKING ON THE ACCEPTANCE BUTTON OR SIGNING OF DOCUMENT. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU SHOULD CLICK ON THE REJECT BUTTON OR NOT SIGN THE DOCUMENT.

LEGISLATIVE PROVISIONS YOU ARE REQUIRED TO CONSIDER BEFORE YOU SIGN THIS DOCUMENT

1. Section 49 of the Consumer Protection Act, 68 of 2008 (“the CPA”) dictates that we are required to draw your attention to:

1.1. provisions which -

1.1.1 in any way limit the risk or liability of THE SUPPLIER, or any other person, such as clause 19;

1.1.2 constitute an assumption of risk or liability by yourself, such as clauses 1, 6, 8, 11, and 12, 13;

1.1.3 impose an obligation on you to indemnify THE SUPPLIER or any other person for any cause such as clauses 11, 14, and 18; or

1.1.4 be an acknowledgement of any fact by yourself, such as clauses 2, 4, 5, 7, 15 and 20,; and

1.2 any activities or facilities that are subject to any risks which –

1.2.1 are of an unusual character or nature, such as referred to in clauses 4, 5 and 7;

1.2.2 you could not reasonably be expected to be aware of or notice, such as referred to in clause 2 and 4 and 5; or

1.2.3 which could result in serious injury or death, such as referred to in clauses 2 and 7, in a conspicuous manner and form that is likely to attract the attention of an ordinary person, visiting the Property.

2. In terms of the Protection of Personal Information Act, 2013 (“POPIA”), You in your personal capacity and (where applicable) also in your capacity, as a parent, or guardian, or competent person on behalf of your child(ren) acknowledge and consent to the fact that the Supplier is collecting the Client’s and his child(ren’s) and guests’ personal information/special personal information (such as first and last names) for purposes of this Indemnity and which personal information may be disclosed by the Supplier:

• to request emergency medical assistance;

• on registration for your stay at the Property;

• for your participation in any of the activities offered at the Property.

3. It is for this reason that this segment comprises BOLD text in a different font, so as to render it immediately identifiable, emphasising the importance of the content of this document and urging you to consider such content carefully prior to signing it in the space provided at the end.

4. the Supplier will retain records for a period that is longer than is required by law and you hereby consent to such retention.

INTRODUCTION

NIEUWE SION ESTATE (PTY) LTD (Reg No 2020/845975/07) and SIX33 KIWIS (PTY) LTD (Reg No 2019/455282/07) (hereinafter referred to as the “the Supplier”) and their directors, shareholders, representatives and staff are grateful for your interest in engaging us to provide you with accommodation and/or to allow you to utilise the other services and/or activities that we may provide (such as but not limited to hiking and walking and riding and cycling). We require you to read and to complete this assumption of risk, waiver and indemnity undertaking, which will assist to ensuring your safety and the safety of your party and other guests;

We take reasonable care to provide a safe environment for you, our clients, employees, and guests in respect of their visit to our Property and the activities conducted on/at the Property and/or the use of the accommodation and/or the facilities and/or amenities provided with the Property. It is however not possible to provide an exhaustive list of the risks which you may be exposed to upon entering the Property or participating in the activities for which you are present on/at the Property; That being said, you should note that certain activities carried out on/at the Property, are carried out in an outdoor environment which is naturally coupled with the risk of exposure to, amongst other elements, untamed animals, extreme weather conditions and rough terrain, which may result in injury, death, damage or loss to property; and THEREFORE:

BY HAVING CLICKED ON THE ACCEPTANCE BUTTON OR SIGNING THIS DOCUMENT, YOU UNDERSTAND AND AGREE TO THE FOLLOWING:

GENERAL INDEMNITY

1. You acknowledge that you are entering on, staying on and participating in activities on land (hereafter referred to as the “Property”) at your own risk. The provisions of this document will apply for the entire period booked with the Supplier (and any extension thereof) from date of your arrival at the Property until your departure and will not only cover the risks arising from your residence, your activities and/or from or related to the use of any equipment or services on

the Property, including but not limited to furniture, cutlery and crockery, and/or the use of the accommodation and/or the facilities and/or amenities provided with the Property (i.e. slip and fall, hot tub, firepit, aquatic ponds, sporting activities of any kind, etc.) but also all other risks for damage/loss of property, injury or death arising from whatever cause (but subject to clause 17 below) and wherever situated on the Property.

2. You understand and appreciate that you will be entering, walking, hiking, driving, riding, cycling and staying on a working farm that has dangerous undomesticated and domesticated animals on the Property including, but not limited to various species of antelope and also various other wild animals roaming freely on the Property. In addition, there are snakes, spiders, ticks and scorpions, some species of jackal, insects, and monkeys and baboons may from time to time inhabit the Property and can wreak havoc if you leave your possessions unguarded.

3. Notwithstanding that the animals may appear tame and/or docile, they are not, and your responsibility shall be to treat them with the same extreme caution as any untamed animal in a natural habitat.

4. Also, in this natural habitat you may become exposed to acts of nature such as, for example, seasonal as well as unseasonal flooding, run-away veldt fires, lightning strikes, and severe storms. You are also aware that other diseases and illnesses can be contracted during your visit to the Property and that you should take the necessary medical and other precautions to protect yourself and the people accompanying you. You understand that you and anyone accompanying you are swimming at your own risk. Children should never be allowed to go by the water without attentive parental supervision. Diving within the shallow areas of a dam, pond or a pool is advised against, and the Supplier cannot at any time accept liability under any circumstances for any instances that may affect any member of your group’s personal wellbeing, including personal injury, illness or death.

5. You warrant that you and the people accompanying you who will also participate in the activities offered are all in good health and fit to undertake the said activities.

6. You fully understand and appreciate that all activities are undertaken, and all facilities, amenities, equipment and accommodation are used by you at your own discretion at your own risk and subject to your own responsibility to ensure you are proficient in any activity undertaken.

7. You recognise and appreciate that when in the presence of untamed animals, there is an inherent risk of injury, including but not limited to damage to property, personal physical harm and even death.

8. By accepting the reservation for the accommodation and/or the hiking experience and/or the riding and/or cycling experience, it is agreed that you and all your guests are expressly assuming the risk of any harm arising from your use of the accommodation and the premises and others whom we invite to use the accommodation and the premises on the Property.

9. The responsibilities referred to above shall extend toward all your guests (including family members, your spouse or social partner) that may accompany you, and you hereby undertake to fully acquaint such persons with the provisions of this Indemnity and to inform them further that by entering onto the Property and/or using the accommodation and the equipment or services on the Property, including but not limited to furniture, cutlery and crockery, and/or the use of the facilities and/or amenities provided with the Property they shall be taken to have acknowledged and accepted the provisions of this Indemnity. 

10. In the event that you are accompanied by minor children onto the Property, and/or you permit, whether expressly or by conduct, any of your minor children from undertaking or participating in any activity, you shall be deemed to have done so in your capacity as parent and guardian on their behalf and as such on their behalf subject to all the provisions of this Indemnity. It is understood that this shall apply mutatis mutandis (with the necessary alterations being made) in respect of any minor children of any of your guests.

11. Having due regard to the aforegoing, you irrevocably release, discharge, indemnify and hold harmless the Supplier, its respective directors, shareholders, employees, contractors, sub-contractors, agents, workmen and representatives (hereinafter jointly referred to as “the Indemnified Party”) for any liability to you and/or any person accompanying you for any loss or damage to any property or for any injury, illness or death to you resulting from any cause whatsoever and also for any legal fees that the Indemnified Party may incur in defending/enforcing the provisions of this document. You understand and agree that this indemnity provided shall be binding on you, your heirs, assignees, personal and legal representatives and executors.

12. You irrevocably agree to abide by all the Suppliers and the Property’s rules, policies, procedures and regulations as well as all instructions issued by the Supplier’s authorised representative. Failure to do so may result in your immediate removal from the Property without refund or compensation.

13. You understand that if you exhibit any behaviour considered by the Supplier to be dangerous to yourself, the animals, visitors, other guests and/or the Supplier’s employees or residents, you may be removed from the Property without refund or compensation.

14. You hereby irrevocably consent and authorise the Supplier to seek emergency medical treatment for you or anyone accompanying you in the case of an accident, injury or illness. You indemnify the Supplier for all such costs associated with the necessary medical emergency treatment. You further warrant that you have the necessary medical insurance to cover any possible medical treatment and procedure you may require during your visit.

15. Any first aid rendered by the Supplier’s employee/s is/are rendered without any warranty or assurances or representations as to any level of proficiency or expertise.

16. You hereby warrant that you are not younger than 18 years and that you are a major person in terms of the laws of the jurisdiction of the country where you ordinarily reside and that you are competent to sign this waiver, acceptance of risk and indemnity without legal assistance.

17. Clause 11 above shall not apply in the case of gross negligence or wilful misconduct on the part of the Indemnified Party.

18. Should any provision or any part of any provision of this Indemnity be held invalid by any court for any reason whatsoever then the remainder of this Indemnity shall continue to be valid and binding notwithstanding such invalidity.

19. You do agree that if any claim for your, or your minor children’s personal injury or wrongful death or loss of or damage to property is commenced against the Indemnified Party and/or any of its invitees and guests, You shall defend, indemnify and hold them or any of them harmless from any and all claims or causes of action by whomever or wherever made or presented for such injury, wrongful death, damage or loss. In the event of the Indemnified Party and/or any of its invitees and guests being found liable for any civil claim on any ground whatsoever, or by virtue of this Indemnity or any portion thereof being found to be unenforceable in law, then such liability shall be limited to the fees paid by you for entering and staying on the Property.

20. You also acknowledge that you have been provided and have read the above clauses and have not relied upon any representation of the Supplier or any of its directors, shareholders, representatives or employees, and that You are fully advised of the potential dangers visiting the Property and/or participating in any activities organised or made available on/at the Property as a participant or spectator and the transmission of COVID-19. You also understand that these indemnities, waivers and release are necessary to:

• protect the Indemnified Party from suffering financial loss or damage;

• allow You to visit and reside on the Property and to partake in any activities organised or made available at

the Property as a participant or spectator; and

• protect other visitors, guests and invitees from suffering financial loss or damage.

21. If the law renders any part of this document unenforceable, the remainder thereof shall remain enforceable to the extent allowed by the applicable laws of South Africa.

22. This document affects your legal rights, and you may wish to consult an attorney regarding the contents of this document.