CLASSIC HIKE SERIES Hike Indemnity Form

Waiver and Release Agreement

I do, on my own behalf and on behalf of my dependents, minor children, heirs, executors, trustees, successors and assigns, for and in consideration of permitting me to participate in any Guided Hike provided by fynbos whisperer* as per my booking(s) and invoice(s), hereby acknowledge and agree that:

  • fynbos whisperer*, staff and agents, and any other person directly or indirectly in the employ of  fynbos whisperer* shall not be held responsible for, and shall be exempt from liability in respect of any expense, loss, damage, personal injury, accident, or inconvenience to me and or my personal property and/or luggage, whenever the same shall arise from, or be occasioned by any past or future act or omission, whether intentional or negligent, breach of contract and/or arising from any other cause of whatever nature whether sickness, quarantine, weather conditions, war, strikes, riots, cancellation or curtailment of any tour. 

  • I waive and abandon all rights of actions, which may arise against fynbos whisperer* as a result of personal injury, death, expense, loss or damage sustained by me before, during or after any Guided Hike provided by fynbos whisperer* that I’ve booked for and participated in. 

  • I indemnify, hold harmless and absolve fynbos whisperer* against any or all claims of action whatsoever by any natural or legal person or third party that may arise from any past of future acts or omissions. 

  • I have been fully advised of the hazards and dangers incidental to engaging in this activity, understand that it is Mountain Hiking and accept the risks and dangers involved, due to the nature of the activity. 

  • Upon entering a mountain environment one is exposed to numerous potential dangers and that partaking of any and all activities arranged, advertised or suggested by fynbos whisperer* are undertaken at my own risk. 

  • I confirm that I am physically fit and sufficiently capable to participate in the trail and that I am acquainted with and bound by all rules governing my participation. 

  • In the unlikely event of an accident occurring, I authorise fynbos whisperer*, to act on my behalf to secure medical treatment. 

  • The onus is on me to arrange for my own insurance for any evacuation costs, medical costs, personal accident, personal effects whether it be damage and/or loss of same and any possible cancellations that may occur. 

  • I understand and accept that except that fynbos whisperer* will not be held responsible for any repayment or other financial compensation or contribution should I need to cancel and not be fully covered for any loss by timely and adequate travel insurance. 

  • fynbos whisperer* reserves the right, in sole discretion, to alter or substitute routes, itineraries, and/or arrangements should conditions necessitate this. In such instances, substitutes of equal value will be offered wherever possible. 

  • If, in the opinion of fynbos whisperer*, the fulfilment of any Guided Hike is considered impossible, illegal or if, in its opinion, inadvisable due to force majeure, adverse weather conditions, avalanches, strikes, war, riots, civil disturbances, terrorist activity, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks, government interference and/or any other cause, fynbos whisperer* may at any time cancel any such Guided Hike(s) or what remains of it or make alterations to the route, date, price and/or any other aspect thereof, as reasonably deemed appropriate, and any losses and expenses resulting from such cancellation or alteration shall be borne by the participant.

  • * All reference to fynbos whisperer refers to Susanna Margaretha Gouws, ID 7204250040087