Waiver & Release of Claims
Booking and participation in the tour provided by Knysna Photo Tours (the “Company”), and having been allowed make the booking, and for any other good reason, the sufficiency of which is considered stipulated, the purchaser/tour participant (the “Participant”) acknowledges, agrees, accepts and attests as follows, with the clear understanding that the Company considers this waiver & release agreement as a bond:
- The participant chooses to take part in the tours provided by the Company (the “Tours”).
- Knysna Photo Tours make every effort to provide on-time service, it does not guarantee its departure and arrival times, which may be delayed by various factors including weather, traffic, road conditions, mechanical problems and any other conditions beyond the Company’s control.
- Knysna Photo Tours is not liable for any inconvenience or expense caused as a result of such delay. The company assumes no liability or responsibility for property, delay or expense arising from or caused by weather conditions, acts of God, war, accident, government restrictions or regulations, from an act or omission of any individual, traffic, road conditions, mechanical problems, theft or any other cause or condition beyond its control.
- Knysna Photo Tours reserve the right to refuse to transport or retain any person as a member of the tour. If you witness any disorderly conduct or suspect any problem with a fellow passenger during the tour, please notify your Knysna Photo Tours guide.
- A person must accompany any person under the age of 13, must be accompanied by a person of at least 18 years of age or older at all times. The use or consumption of alcohol products is strictly prohibited on the tour (excluding craft brewery beer tasting tour). The South African law prohibits smoking on the bus.
- Participant is in reasonable health and is not otherwise limited by either minor or serious mental or physical injury, disability or illness that could potentially render Participant particularly susceptible to injury or disability while participating in any activity either considered or accomplished by this Waiver and Release of Claims.
- Participant fully understands and accepts each and every one of the risks associated with his/her participation in the Tours encompassing, without restriction, exposure to conditions of inclement weather, changing landscapes, food sickness or unanticipated allergic reaction and/or aversion, injuries (e.g., without exception, those arising out of intoxication, clumsiness or inattention, other participants, motor vehicles, motor scooters, pedestrians and any other possible obstacle) and death.
- Participant agrees to grant the Company and Company’s assigns the sub-licensable, irrevocable right and authority to use Participant’s name, image, video presence, and/or photograph for any and all commercial or non-commercial purposes either now or later, forever, throughout the media world without additional obligation or liability to Participant.
- PARTICIPANT’S PARTICIPATION IN THE TOURS IS AT PARTICIPANT’S OWN SOLE RISK. PARTICIPANT, ON BEHALF OF HIS/HERSELF AND/OR ANY PERSON OR ENTITY ACTING THROUGH OR ON BEHALF OF PARTICIPANT, HEREBY FOREVER AND UNCONDITIONALLY RELEASES AND HOLDS HARMLESS THE COMPANY, AND ANY AFFILIATED ENTITIES, PARENT COMPANIES, SUBSIDIARIES, PRESENT AND FORMER EMPLOYEES, OWNERS, OFFICERS, MEMBERS, MANAGERS, PARTNERS, CONTRACTORS, INSURERS, THIRD PARTY AFFILIATES, TICKETING AND PAYMENT PROCESSING PARTIES, FOOD VENDORS, RESTAURANTS, TASTING LOCATIONS, TOUR GUIDES, SHAREHOLDERS, DIRECTORS AND OWNERS OF THE FOREGOING (INCLUDING, WITHOUT LIMITATION, KNYSNA PHGOTO TOURS.) (COLLECTIVELY, “RELEASED PARTIES”), FROM ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES IN ANY WAY ARISING OUT OF, OR RESULTING FROM, PARTICIPANT’S PARTICIPATION IN THE TOURS, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS, ACTIONS, AND LIABILITIES FOR DEATH, INJURY, LOSS OR DAMAGE TO PARTICIPANT, TO ANY ONE ELSE, OR TO ANY PROPERTY, REGARDLESS OF WHETHER OR NOT SUCH INJURY, LOSS OR DAMAGE WAS CAUSED BY THE NEGLIGENCE OR WILLFUL CONDUCT OF THE COMPANY OR ANY OF THE RELEASED PARTIES. PARTICIPANT, ON BEHALF OF HIS/HERSELF AND/OR ANY PERSON OR ENTITY ACTING THROUGH OR ON BEHALF OF PARTICIPANT, FURTHER AGREES TO DEFEND AND INDEMNIFY THE RELEASED PARTIES, AND TO HOLD THE RELEASED PARTIES HARMLESS, FROM ANY AND ALL LIABILITIES, CLAIMS, ACTIONS, DAMAGES, EXPENSES (INCLUDING, WITHOUT LIMITATION OR EXCEPTION, ATTORNEY’S FEES) AND LOSSES OF ANY KIND OR NATURE WHATSOEVER IN ANY WAY ARISING OUT OF, OR RESULTING FROM, PARTICIPANT’S PARTICIPATION IN THE TOURS.
- This Waiver and Release of Claims encompasses the complete agreement and acknowledgement between Participant and the Released Parties, and terminates, cancels and supersedes any previous agreement or understanding relative to the subject matter contained within. There are no depictions, agreements, assurances, guarantees, arrangements, or stipulations other than what are described this Waiver and Release of Claims.
- None of the items included in this Waiver and Release of Claims can be disregarded or modified unless done so only in writing, signed by Participant and the party against whom the waiver or modification is sought to be enforced. Failure of any of the Released Parties to enforce any of their rights hereunder at any time will not be an opportunity for this Waiver and Release for any remotely similar acts at any subsequent time.
- This agreement (including its validity, existence and implementation, the interpretation and application of its provisions, the respective rights and obligations of the parties in terms of and arising out of the conclusion, breach and termination of the provisions of this agreement), shall be interpreted and governed in all respects by the laws of the Republic of South Africa. Any claims, be they in contract, delict or otherwise to be instituted against the company, shall be governed by the law of South Africa and may only be instituted in a South African Court, to the exclusion of all other jurisdictions.
- All Clients and their Agents confirm that they have read and abide by the aforementioned and agree to the contents therein contained. All Clients record that they are making a booking at their own risk and waive any claims that they might have in regard to injury, loss or death which might occur due to any causes whatsoever. The company refers in particular to any minor child/children who may be accompanying the Client and confirm specifically that this indemnity applies to such child/ children.
- The Client and any Clients Agent further binds their dependents, heirs, executors, administrators and assigns to the terms and conditions of this agreement, and indemnify and hold blameless Knysna Photo Tours, its members, associates, employees, representatives, organisers, helpers and agents from all liability for any or all claims whatsoever and howsoever arising and without limitation (including consequential claims) arising from any delay, loss or damage to property or injury or illness or death arising from any cause related to or occurring during a booking, activities or tours with the company.
- Tour operators and Agents must advise clients of all the terms and conditions described herein. Acceptance by the Client/tour operator or Agent of final vouchers and/or tickets and/or payment to Knysna Photo Tours will be deemed to be acceptance of all the Terms and Conditions described herein.
- In the unlikely event that the Client has a complaint, it must first be taken up with the management /company representative of the supplier, in order that an opportunity is afforded to the supplier to investigate the situation. If the Client has any further complaint then they must lodge this in writing to Knysna Photo Tours within 10 (ten) days of the booking end. If these procedures are not followed then the Knysna Photo Tours reserve the right not investigate the complaint further.
- The information given on our website, brochures, leaflets, and advertising is given in good faith by Knysna Photo Tours and is based on the latest information available to Knysna photo Tours. Published tour itineraries and prices are meant as a guideline only. Any information that is incorrect or out-dated may not be legally binding.
18. Further to these points, please also not terms and conditions of KNYSNA PHOTO TOURS