In consideration of the acceptance of my being permitted to venture onto Teita Estate in Mwatate. I fully understand and acknowledge that it is based in a wildlife area. Despite all safety precautions, there are many obvious and subtle risks and intrinsic dangers always present in such an environment. I recognise that such risks and inherent dangers include but are not limited to; the propensity of wild animals to behave in ways which may result in injury, harm or death to persons around them; I also recognise the latent dangers present in all types of equipment, fencing, obstacles, tools, vehicles and machinery used in farming activities and/or in and around a farm; the fact that there may be a negligent act or omission, whether or not in combination with any of the above risks, by any member or representative of Teita Estate Ltd and/or Tandala Ltd, board, staff member, official, volunteer, host, spectator, invitee or any landowner whose property is made available for the Lodge activities. I understand that such risks and intrinsic dangers may cause or result in severe injury or death.
I hereby assume all such risks and intrinsic dangers may cause, contribute to or result in my severe injury or death, both enumerated and not enumerated, associated with any activities in which I may participate, which are sponsored by or occur on property owned, controlled or made available to Tandala Ltd. This Release, Waiver and Indemnity Agreement (hereafter “Release”) shall remain valid unless and until Teita Estate Ltd and Tandala Ltd receive an express written revocation duly executed by the participant or by the parent(s) or guardian(s) of a minor.
Release, Waiver and Indemnification
As part of the consideration for my being permitted to stay at The Hildana Lodge and Teita Estate Ltd, I hereby, on behalf of myself, my heirs, guardians and legal representatives, release the Teita Estate Ltd and Tandala Ltd board, staff members, official, volunteer, host, spectator, invitee or any landowner (and their heirs, personal representatives and successors) whose property is made available for the Lodge activities and/or of all animals involved in and activities, including any kind of injury, including death, to myself or my property arising from any cause (including gross negligence but not wanton or wilful misconduct) and intrinsic dangers occurring during or as a result of my visit. In addition, I, my heirs, assigns, guardians and legal representatives shall hold harmless and indemnify all individuals and entities described in this paragraph from any and all losses, claims, suits, judgements, costs (including defence costs and lawyer fees) or liability resulting from my stay.
Scope of Release
To the extent possible, this release shall be construed in such a manner as will render it fully enforceable. This release is executed in Mwatate, Kenya and the parties agree that Kenyan law shall govern any dispute.
I have carefully read this Release, waiver and indemnification agreement and understand that by signing it, I am giving up rights I may have now, or in the future, to sue or make a claim against Teita Estate Ltd and/or Tandala Ltd and the released parties and that I am committing myself to hold Teita Estate Ltd and/or Tandala Ltd harmless from any claims or damages resulting in my stay and participation in activities. I am aware that this is a binding contract between me and Teita Estate Ltd and/or Tandala Ltd and each of the released parties. I have had an opportunity to review this Agreement, I understand the terms, and I sign it voluntarily.
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