Indemnity Form

1. Purpose of this form

This Indemnity and Risk Acknowledgement Form ("Indemnity Form") records the acknowledgements, declarations and consents that Everlasting Private Tours ("Everlasting") asks of every guest — or of a parent or legal guardian on behalf of a minor — before taking part in a tour or activity. It is drafted to comply with the Consumer Protection Act 68 of 2008 ("CPA"), including sections 48, 49 and 51.

2. IMPORTANT NOTICE — SECTION 49 OF THE CPA

THIS FORM CONTAINS AN ASSUMPTION OF RISK, A LIMITATION OF LIABILITY AND AN INDEMNITY. THESE PROVISIONS LIMIT YOUR RIGHT TO CLAIM AGAINST EVERLASTING PRIVATE TOURS AND PLACE CERTAIN RISKS ON YOU. PLEASE READ THIS FORM CAREFULLY, MAKE SURE YOU UNDERSTAND IT, AND ASK US TO EXPLAIN ANYTHING THAT IS UNCLEAR BEFORE YOU SIGN.

3. Who must complete this form

Each adult guest signs for themselves. A parent or legal guardian must sign for each guest under the age of 18 and remains responsible for supervising that minor throughout the tour.

4. Acknowledgement of risks

I understand that travel and touring in South Africa involve inherent risks that cannot be entirely eliminated even with reasonable care. These include:

• road travel and traffic risks;
• changing weather, wind, sun exposure, and ocean and mountain conditions;
• walking on uneven ground, trails, stairs, beaches and viewpoints;
• encounters with wildlife and marine life;
• activities operated by independent third-party suppliers;
• food, drink and alcohol-tasting experiences;
• the general crime risks present in any travel destination.

I choose voluntarily to take part in the tour and its activities with knowledge of these risks.

5. Health and fitness declaration

I declare that I have disclosed to Everlasting any medical condition, allergy, dietary requirement, mobility limitation, pregnancy or fitness concern that could affect my safe participation, and that to the best of my knowledge I am fit to take part in the activities I have booked. I undertake to follow the reasonable safety instructions of the guide and of activity operators at all times.

6. Assumption of risk and indemnity

To the extent permitted by South African law, I assume the inherent risks described in this form, and I indemnify and hold harmless Everlasting Private Tours, its owner, employees and guides against claims for loss, damage, injury or death arising from those inherent risks, or from my own actions, omissions or failure to follow reasonable instructions.

This indemnity does not apply to — and nothing in this form excludes or limits — liability arising from gross negligence on the part of Everlasting Private Tours or any person acting for or controlled by it, as provided in section 51(1)(c) of the CPA. Nothing in this form removes any right I have under the CPA.

7. Medical emergencies

If I am injured or become ill during a tour and I am unable to make decisions for myself, I consent to Everlasting arranging reasonable emergency medical assistance and transport on my behalf. I understand that all medical and evacuation costs remain my own responsibility or that of my insurer.

8. Personal belongings

I remain responsible for my personal belongings, travel documents, money and electronic devices throughout the tour.

9. Personal information (POPIA)

I consent to Everlasting processing the personal information provided in and with this form — including health-related details and emergency contact information — for safety planning, emergency response and legal record-keeping, in accordance with the Protection of Personal Information Act 4 of 2013 and the Everlasting Privacy Policy. Health details are shared only with people who reasonably need them, such as a guide, activity operator or medical responder.

10. Photography (optional and separate)

Guests may separately choose whether to allow photographs or videos taken during the tour to be used in Everlasting marketing. That choice is voluntary, is recorded separately from this indemnity, and may be declined or withdrawn at any time without affecting the booking.

11. How this form is signed

This form may be signed electronically through our booking portal (Check My Booking, under Forms and Signature), which is valid under the Electronic Communications and Transactions Act 25 of 2002, or on paper before the tour begins. The signed record includes the guest's full name, identity or passport number, booking reference, the date, the signature and, for a minor, the signing parent or guardian's details.

12. Governing law and contact

This form is governed by the laws of the Republic of South Africa. Questions about this form can be sent to [email protected] before signing.