INDEMNITY

THIS DOCUMENT INCORPORATES AN EXCLUSION OF LIABILITY, WAIVER & INDEMNITY.

1. I, the undersigned, record that I am about to visit / I am visiting Phakela Private Lodge (the “Lodge“).
2. I understand and accept that:
   • the Lodge/s at which I may visit and/or be accommodated is/are situated in the Reserve which is a malaria area;
   • real dangers and risks are associated with game reserves, including the Reserve and Lodge;
   • the Reserve is a Big 5 reserve which means that it has elephant, buffalo, leopard, lion and rhino;
   • the Reserve is an open and unfenced area in which wild and dangerous animals (large and small) roam freely;
   • the wild and dangerous animals can and do roam into and around the Lodge;
   • wild birds, dangerous reptiles and poisonous insects and spiders are also present at the Lodge and in the Reserve;
   • I will be participating in activities at the Lodge and in the Reserve which are dangerous including without limitation, the viewing of game and wildlife on foot and/or from open and/or closed vehicles on uneven ground;
   • mobile phones might not work in areas of the Reserve due to a lack of signal;
   • the facilities and services provided, and my accommodation, stay, participation in activities, tours and excursions of any nature whatsoever in the Reserve and at the Lodge may expose me to the risk of injury or death, loss or damage, and I accept and undertake them voluntarily and at my own risk;
   • the facilities and services provided, and the accommodation, stay, participation in activities, tours and excursions of any nature whatsoever by any person accompanying me as my guest, invitee, child or any family member shall be accepted and undertaken voluntarily by and at the risk of such person.
3. Regarding medical or other treatment, I acknowledge that the Lodge may, at its discretion, arrange for any emergency, medical or other treatment for me or any of my guests, invitees, children, or family members and that this shall in no way amount to an admission of liability for such treatment or a waiver or abandonment of any rights on the part of Phakela Private Lodge, its/their holding, subsidiary or associated companies, owners, shareholders, directors, officers, agents, representatives or employees.
4. I, the undersigned, acknowledge I am traveling during the COVID-19 global pandemic:

• COVID-19 has been declared a global pandemic;
• the contagious nature of the Coronavirus (SARS-CoV-2) and the disease, COVID-19;
• COVID-19 is a communicable disease;
• Phakela Private Lodge have put in place preventative measures to assist in containing or minimising the spread of the Coronavirus and COVID-19 at its Lodge;
• Phakela Private Lodge cannot guarantee that I will not become infected with any communicable disease or the Coronavirus or contract COVID-19;
• the risk of becoming exposed to and/or infected by any communicable disease, the Coronavirus and COVID-19 may result from my own actions, omissions, or negligence and that of others, including, but not limited to, staff, other guests and their families;
• through my travels and/or by visiting and/or being accommodated at any of the Phakela Private Lodge, I am placing myself at risk or an increased risk of being exposed to a communicable disease which may exist in the area, or to the Coronavirus and/or COVID-19;
• I must comply with all measures and procedures that have been implemented at the lodge.

5. I confirm that my visit to and/or accommodation or stay at Phakela Private Lodge, my acceptance of the services and facilities provided by Phakela Private Lodge and my participation in the activities offered by Phakela Private Lodge are done knowing and accepting the risks involved, freely and voluntarily by me.
6. Neither Phakela Private Lodge nor its holding company, subsidiary or associated companies, owners, shareholders, directors, officers, agents, representatives, employees, servants, service providers, contractors or sub-contractors will be responsible for–

• any loss of or damage to my property or the property of my children or family members or my guest
• any illness or disease contracted by me (including any communicable disease and COVID-19), any injury sustained by me, or my death arising out of or in connection with my visit to, accommodation or stay at Phakela Private Lodge, the facilities and services provided by Phakela Private Lodge, my participation in activities, tours and excursions of any nature from any cause, whether directly or indirectly, unless the loss, damage, illness, disease injury or death was caused by wilful misconduct on the part of Phakela Private Lodge, its holding company, subsidiary or associated companies, owners, shareholders, directors, officers, agents, representatives, employees, servants, service providers, contractors or sub-contractors.

7. I hereby waive and abandon any claim(s) for loss, damages, costs, expenses which I, my dependents, or my executors, may have, at any time, against Phakela Private Lodge and/or its holding company, subsidiary or associated companies, owners, shareholders, directors, officers, agents, representatives, employees, servants, service providers, contractors or sub-contractors-

• arising from any loss of or damage to property owned by me, my children and/or any of my family members; and/or
• arising from my death or any illness or disease (including any communicable disease and COVID-19) contracted by me, or injury sustained by me, any of my children or family members

in connection with my visit to, accommodation or stay at Phakela Private Lodge, the facilities and services provided by Phakela Private Lodge, my participation in activities, tours and excursions of any nature.

IMPORTANT:  I hereby acknowledge that I have read, understood and accept the terms of, and the exclusion of liability, waiver and indemnity contained in, this form.

I hereby acknowledge that I will complete and provide accurate information on the medical declaration form on the day of my arrival at the lodge.

I hereby consent Phakela Private Lodge to process and store my personal information securely, I understand that my information will be held in a manner that is compliant with POPI Act guidelines. 

Thank you