RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT FOR:
Salty Sandals (Pty) Limited (hereinafter referred to as “the Premises)
I/We, the undersigned, agree as follows:
- I/We are occupying the above property at my/our own risk and sole risk and are using the facilities on the Premises entirely at my/our own risk and I/we hereby indemnify and hold harmless the owner of the Premises and any members, employees, agents and/or affiliates (“the Indemnified Parties”) against all liability for any and all claims whatsoever and howsoever arising, including without limitation, any consequential loss claim arising from and including without limitation, any loss, theft, or damage to my/our property (whether consequential or otherwise) or any illness, injury or death which may arise irrespective of the cause of any such loss, theft, damage, illness, injury or death and in particular, whether arising through the negligence or recklessness and whether liability would be vicarious or not.
- I/We hereby release, indemnify and hold harmless the Indemnified Parties against any and all liability, claims, demands, losses, or damages whatsoever and howsoever arising for, including without limitation, personal injury, property damage, or wrongful death of my/our minor child/children (“the minor”). I/We further agree that, despite this agreement, should I/we or anyone on behalf of the minor institute a claim against the Indemnified Parties, I/we hold harmless the Indemnified Parties from any litigation expenses, attorney’s fees, loss, liability, damage or costs which the Indemnified Parties may incur as a result of such claim.
- I/We irrevocably waive any and all claims (including future claims) I/we may have against the Indemnified Parties and irrevocably indemnify the Indemnified Parties against any and all claims that may be made against the Indemnified Parties by myself/us, my/our spouse/s, my/our dependent/s, my/our invitees and/or any party gaining access to the Premises through me/us.
- I/We indemnify the Indemnified Parties against any and all claims against the Indemnified Parties arising from any act or omission, whether culpable or otherwise, of myself/us, my/our spouse/s, my/our dependent/s, my/our invitees and/or any party gaining access to the Premises through me/us.
- This agreement shall be effective and binding on me, my spouse, my heirs, next of kin, executors, administrators and assigns in the event of my death, my personal representatives, my children and any guardian ad litem for the said children and/or any invitees and/or any party gaining access to the Premises through me/us.