Terms and Conditions

Ceres Zipline Adventures CC / Witzenberg Municipality
INDEMNITY/DISCLAIMER/WAIVER
In this document:
“CZA” shall mean and include the following parties: Ceres Zipline Adventures CC and its employees, members, agents and any other form of
representative of the aforegoing parties.
“WM” shall mean and include the following parties: Witzenberg Municipality its holding company, its subsidiaries, as well as all affiliates,
employees, directors, members, agents, shareholders and any other form of representative of the aforegoing parties.
“Activity” shall mean the providing by CZA of Zipline tours, which tours shall include being conveyed by any motor vehicle under the control of
CZA and the traversing from one platform to the other by means of a Zipline at excessive speeds and at a height of more than 40 meters above a
tributary of the Dwarsrivier originating from the Koekedouw Dam as well as other activities related to the aforesaid.
“Property Owners” means the owners of the land of “WM”.
1. Whereas the Activity is solely managed and provided by CZA;
2. And whereas WM’s sole interest in the Activity and CZA is the fact that CZA has been granted permission by WM to erect on aforesaid area, on
WM property on the Northern and Southern side of a tributary of the Dwarsrivier originating from the Koekedouw Dam, Zipline platforms and
anchor points, from where CZA’s clients will slide across such tributary;
3. And whereas the Property Owner’s sole interest in the Activity and CZA is the fact that CZA has been granted permission by the Property Owner
to erect on aforesaid area, on Property Owner’s property, on the Northern and Southern side of a tributary of the Dwarsrivier with its origin
arising from the Koekedouw Dam, Zipline platforms and anchor points, from where CZA’s clients will slide across such tributary;
4. I acknowledge that I bear the onus of informing CZA in the event that my weight is above 120kg in order for CZA to advise whether my weight is
within acceptable safety standards;
5. I acknowledge that I am aware that there are inherent dangers associated with the aforesaid areas such as, natural dangers, unexpected wild
fires and/or adverse weather conditions, including but not limited to hazardous fauna, flora and insects;
6. I acknowledge that in the event that I choose to wear loose-fitting clothing, eg. Abaya/Chador/Jilbab/ Burqa, that I bear the onus of ensuring that
such clothing is to be tucked and secured prior to participating in the Activity, as such apparel is at risk of being snagged on the zipline equipment
and may jeopardize my safety.
7. I declare that I am in good health, not pregnant and prepared to act responsibly at all times while participating in the Activity and all activities
incidental thereto, and will adhere to the CZA guide's instructions at all times.
8. I acknowledge that I bear the onus of informing CZA in the event that I have sustained any existing/ pre-existing bodily injuries which may
impede my ability to participate in the Activity, and in the event that I have not, I hereby indemnify CZA and the Property owners against any
damages or loss arising from such non-disclosure.
9. I acknowledge that I am aware of and appreciate the real dangers and risks that are associated with the Activity arising inter alia from the fact
that I will hang suspended in a harness on a cable and pulley and other safety equipment at a considerable height above the ground and where
falling is an inherent danger if procedures are not strictly adhered to, as well as the presence of dangers in nature and the real risk of suffering
bodily harm, injury and even death;
10. I acknowledge and accept the presence of the aforesaid inherent risks and the like thereof, and agree that I am on the property and/or
participate in the Activity entirely at my own risk.
11. I acknowledge the presence of the dangers associated with aforesaid areas, and the Activity:
- has been explained to me and I’m satisfied that I have been informed to my satisfaction as regards the dangers; or
- has not been explained to me but I was given the opportunity to ask questions as regards the dangers and I’m satisfied that I have been
informed to my satisfaction as regards the dangers; or
- I have received the indemnity in advance; I have taken note of the mentioned dangers and will ask questions with regards the dangers
upon my arrival at the venue, or prior to my participation in the Activity;
12. Now therefore I indemnify the Property Owners and CZA against any and all claims of whatsoever cause and nature, howsoever arising,
which:
- I might have against the Property Owners and CZA arising out of any damage, expense, harm, injury (including personal injury), illness,
death, loss suffered (including loss of support) or consequential loss or damages of whatsoever nature;
- I suffered whilst participating in, or performing an act related to (whether directly or indirectly) the Activity or due to my presence on the
Property Owners property and whether arising from any act of commission or omission and/or negligence on the part of the Property
Owners and/ or CZA And may be made by my spouse, children, any other dependent of mine, my heirs, any person acting of behalf of
me or my estate, and/or any other person generally associated with me, as a result of me sustaining any damage, expense, harm, injury,
illness, death, loss or consequential loss or damages of whatsoever nature, arising from me participating in, or performing an act related
to (whether directly or indirectly) the Activity or due to my presence on the Property Owners property and whether arising from any act of
commission or omission and/or negligence on the part of the Property Owners and/or CZA.
13. I confirm that I waive any and all claims of whatsoever cause and nature, howsoever arising, which I might have against the Property Owners,
and / or CZA, arising out of any damage, expense, harm, injury (including personal injury), illness, death, loss suffered (including loss of
support) or consequential loss or damages of whatsoever nature, I suffered whilst participating in, or performing an act related to the Activity
(whether directly or indirectly) or due to my presence on the Property Owners property and whether arising from any act of commission or
omission and/or negligence on the part of the Property Owners and /or CZA.
14. Any claims against and by the Property Owners and/ or CZA be they in contract, delict or otherwise instituted against or by the Property Owners
and/ or CZA in respect of this indemnity, 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.
15. I agree to accept responsibility for any damage or injury which may be caused by me, or by any minor child under my care, or they on whose
behalf I have signed this agreement, while participating in the Activity and/ or any activities incidental thereto, including motorized activities, and
that such damages caused will be for my personal account and be paid to the affected party/ies within 24 hours. I hereby consent that should I
fail to settle such costs within 24 hours that I will be held liable for the loss of income sustained by CZA and/ or the Property owners, as well as
any legal costs incurred in the recovery of such debt on an attorney-and-client scale.
16. In the event that any of the terms of this Agreement are found to be invalid unlawful or are unenforceable, such term(s) will be severable from
the remaining terms, which will continue to be valid and enforceable.
17. The Property Owners and / or CZA may at its discretion and without prejudice or without admission of liability arrange and pay for emergency
medical treatment, for and on behalf of me or any person generally associated with me. I acknowledge that I will be directly responsible to
reimburse the Property Owners and / or CZA for these expenses within the designated period which CZA at such time shall prescribe.
18. I confirm that I have read and understand this agreement and agree to be bound by its terms, which agreement shall remain valid and
enforceable from date of signature, terminating only upon the written authorization of CZA.
SIGNED AT Ceres ON___________________20_____ AGE: ________ __________________________________________
(Cell number)
___________________________ ____________________________ __________________________________________
(Print Full Name & Surname) (Signature) (Email address)
EMERGENCY CONTACT NAME AND NUMBER: …………………………………………..……………..…………………………..…………………………
WITNESS: _______________________________________ WITNESS:____________________________________________________
IF UNDER 18 - I warrant that:
I am the legal guardian of said minor and the minor participates in the Activity and enters the Property Owners property on my risk;
I on behalf of the said minors shall have no claim against the Property Owners and / or CZA ” arising out of any damage, expense, harm, injury (including personal injury), illness, death, loss
suffered or consequential loss or damages of whatsoever nature, suffered by the minor whilst participating in, or performing an act related to (whether directly or indirectly) the Activity or due to
the minors presence on the property and whether arising from any act of commission or omission and/or negligence on the part of the Property Owners and/ or CZA; and I indemnify the Property
Owners and/ or CZA against and from any damage and/or claim whatsoever and any legal expenses or costs, which may arise out of the minor participating in, or performing an act related to
(whether directly or indirectly) the Activity or due to the minors presence on the Property Owners property.
PRINT NAME & SURNAME (GUARDIAN):_________________________________ SIGNED (GUARDIAN):______________________________
NAME/S OF MINOR/S:___________________________________________________________________________________________________