Hemel Bushveld Lodge

Escape - Explore - Experience

LIABILITY WAIVER, ASSUMPTION OF RISK & INDEMNITY AGREEMENT

Hemel Bushveld Lodge – Vaalwater, South Africa

IMPORTANT NOTICE:
This document limits and excludes the liability of Hemel Bushveld Lodge.
It also requires you to assume risk and indemnify the lodge.
Please read carefully.

By confirming a booking, making payment, entering the property, or signing the guest register, you agree to the terms below.

1. Acknowledgment of Nature of Property & Inherent Risks

Hemel Bushveld Lodge is situated on a private bushveld farm in Vaalwater, South Africa. The property includes, but is not limited to:

  • Free-roaming wildlife
  • Natural bushveld terrain
  • Uneven ground and rocky areas
  • Gravel and farm roads
  • Dams and water features
  • Remote location with limited lighting
  • Limited or delayed emergency services access

Guests acknowledge that staying on a bushveld property involves inherent and unpredictable risks, including but not limited to:

  • Injury caused by wildlife
  • Slips, trips, and falls
  • Drowning or water-related incidents
  • Vehicle-related accidents
  • Injuries resulting from outdoor activities
  • Acts of nature

You voluntarily and knowingly assume all risks, whether foreseen or unforeseen.

2. Quad Bikes & Bicycles

Guests may use their own quad bikes, the rented game drive vehicle and bicycles on existing farm roads only.

By doing so, guests acknowledge and agree that:

  • All such use is entirely at their own risk.
  • The roads are natural farm roads and may be uneven, loose, steep, slippery, or hazardous.
  • Helmets and appropriate safety gear are the guest’s responsibility.
  • Hemel Bushveld Lodge does not inspect, maintain, supervise, or guarantee the safety of any vehicle use.

Hemel Bushveld Lodge accepts no liability whatsoever for any injury, death, loss, or damage arising from the use of quad bikes or any private vehicles on the property.

3. Comprehensive Release of Liability

To the maximum extent permitted by South African law, you hereby:

  • Waive, release, and discharge Hemel Bushveld Lodge, its owners, directors, employees, staff, contractors, representatives, and agents from any and all claims, demands, actions, damages, losses, liabilities, or costs arising from:
    • Personal injury
    • Death
    • Illness
    • Emotional distress
    • Loss or theft of property
    • Damage to vehicles
    • Wildlife encounters
    • Accidents of any nature

This release applies whether arising from negligence (but not gross negligence), omission, default, or otherwise.

4. Indemnification

You agree to indemnify, defend, and hold harmless Hemel Bushveld Lodge against any claims brought by:

  • Members of your group
  • Visitors invited by you
  • Minors under your supervision
  • Third parties arising from your conduct

You accept full financial responsibility for any damage caused to the property, wildlife, infrastructure, or equipment as a result of your actions or negligence.

5. Personal Property

All personal belongings, vehicles, quad bikes, and valuables are brought onto the property entirely at your own risk.

Hemel Bushveld Lodge is not liable for:

  • Theft
  • Loss
  • Fire damage
  • Weather damage
  • Malicious acts by third parties

Guests are advised to obtain appropriate travel and personal insurance.

6. Supervision of Children & Vulnerable Persons

Parents and guardians accept full responsibility for the safety, supervision, and conduct of children at all times, especially near wildlife, water, roads, and outdoor areas.

7. Medical & Emergency Acknowledgment

Guests acknowledge that:

  • The lodge is located in a rural and remote area.
  • Emergency services may be delayed.
  • Immediate medical assistance may not be available.

Guests accept these risks.

8. No Warranties

Hemel Bushveld Lodge makes no warranties, express or implied, regarding:

  • Safety of the premises
  • Suitability for specific activities
  • Wildlife behavior
  • Road conditions

Guests accept the property in its natural condition.

9. Governing Law

This agreement shall be governed by the laws of the Republic of South Africa.
Any dispute shall fall under the jurisdiction of South African courts.

10. Binding Agreement

This indemnity is binding upon:

  • The guest
  • All members of the guest’s group
  • Heirs, executors, assigns, and dependents

By proceeding with a booking, making payment, or entering the property, you confirm that:

  • You have read this agreement
  • You understand that you are waiving legal rights
  • You voluntarily agree to be bound

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