This Assumption of Risk, Release, and Indemnification Agreement (“Agreement”) is entered into by you with and for the benefit of Africa Adventure Consultants, its owner(s), officers, directors, employees, volunteers, business operators, agents and site property owners or lessees (collectively, “AAC”).
For purposes of this Agreement, the term “Participant” refers collectively and individually to you, your spouse, your children, and any other adult or minor travelers who are traveling with you and/or participating in any activity, accommodation, transportation, or safari booked by AAC on your behalf or for your benefit.
For purposes of this Agreement, the term “Safari” is given the broadest meaning possible and refers, without limiting the generality of the foregoing, to all transportation, accommodations, sightseeing, wilderness tours, and any other activities booked or arranged by AAC on your behalf or for your benefit.
Assumption of Risk
You hereby agree to the following:
1. You acknowledge that there are dangers, hazards and risks inherent and associated with the Safari and you acknowledge and agree that it is not possible for AAC to make the Safari risk free or safe.
2. You acknowledge and agree that during any part of the Safari, the dangers, hazards, and risks inherent to and associated with the Safari (hereinafter referred to as “Risks”) may cause injury, death, damage, loss, accident, and/or delay. The Risks include, but are not limited to:
a. the propensity of any wild animal to behave in ways that may result in injury, harm, or death to persons, including a Participant, other animals or objects;
b. the unpredictability of wild animals’ reaction to such things as sounds, sudden movement, tremors, vibrations, unfamiliar objects, persons or other animals;
c. the inherent danger that wild animals, reptiles, insects, and plants pose for persons, including a Participant, other animals and property;
d. the potential for other participants or third parties to behave in a negligent or willful manner that may contribute to injury or death to themselves or others, including a Participant;
e. loss, injury, illness, or death related to accidents or defects related to travel in or on any vehicle or other means of transportation use for land, water, or air travel, and whether used before, during, or after any part of the Safari;
f. the potential for theft or loss of any personal property;
g. the potential for Participant’s air carrier increasing flight prices, changing or canceling departure or arrival dates and times;
h. the potential for losses or expenses due to sickness, weather, labor, strikes, terrorist acts, hostilities, wars, natural disasters, or other such causes, resulting in the alteration, delay, extension or cancellation of the Safari;
i. loss, injury, illness, or death from accidents of any nature whatsoever, including but not limited to, bodily injury of any nature, whether severe or not, temporary or permanent, that may occur as a result of participating in the Safari, including contact with the wild or domesticated animals, physical surroundings, environment, equipment or persons;
j. loss, injury, illness or death as a result of participation in the Safari, including but not limited to loss, death or injury as a result of any natural disaster or vent, or extreme weather condition;
k. loss, injury, illness, or death as a result of a crime or criminal act by a third party, other participant, terrorism, war, civil unrest, riot, detention by a foreign government, arrest or other act of government or authority;
l. loss, injury, illness, or death as a result of lack of medical services or facilities that may not be readily available or accessible during some or all of the time in which Participant is involved in the Safari.
3. You acknowledge that the above list is not inclusive of all possible Risks associated with the Safari and that the above list in no way limits the extent or reach of this Agreement. You voluntarily accept and fully assume any and all responsibility for all risks and possibilities of any and all delay, personal injury, death, damage to property or loss resulting from your participation in the Safari.
Release and Waiver of Liability
4. As part of the consideration given to AAC for Participant’s participation in the Safari, Participant hereby, and to the fullest extent permitted by law, release and forever discharge AAC from any and all liability for personal injury, death, damage to property, or loss resulting from Participant’s participation in the Safari due to any cause, including but not limited to any of the forgoing Risks, whether foreseeable or unforeseeable. Participant hereby waive any and all claims of any kind and nature whether sounding in contract, tort, law or equity, and whether conditional or unconditional, known or unknown, suspected or unsuspected, disclosed or undisclosed, that Participant has or may have in the future against AAC, except as may be solely caused by the willful or wanton misconduct of AAC.
Indemnification of AAC
5. Participant agrees to indemnify, defend, and hold harmless AAC from and against any and all losses, damages, liabilities, reasonable attorneys’ fees, court costs, and expenses (collectively “Losses”), joint or several, resulting or arising from or relating to the subject matter of this Agreement, including without limitation any Participant’s participation (or inability to participate) in any part of the Safari and any of Participant’s acts, whether negligent or willful, except to the extent such Losses are determined to have resulted solely from the willful or wanton misconduct of AAC.
Binding Agreement
6. You acknowledge that you have read and understand the terms of this Agreement in its entirety.
7. You understand and acknowledge that this is a binding agreement. By making any payment, whether partial or in full, related to any activity, accommodation, transportation, or Safari, with AAC, you are expressly agreeing to all provisions of this Agreement. This Agreement cannot be changed or amended, except in writing, signed by an authorized officer or employee of AAC.
8. You acknowledge that you are entering into this Agreement on behalf of yourself, your spouse, your minor or adult children (and spouses thereof), heirs, next of kin, executors, administrators, assigns and personal representatives.
9. You agree that this Agreement is governed by the laws of the State of Colorado. Any lawsuit brought concerning the rights and obligations related to this Agreement shall be brought only in Denver District Court, Denver, Colorado.
Updated April 17, 2020