• ("Client") In favour of:

    Blue Sky Expeditions (Pty) Ltd
    Registration No. 2019/04999107.
    ("Blue Sky")

    1. INTRODUCTION
      1. I have entered into an Expedition Agreement with Blue Sky.
      2. I have agreed to indemnify Blue Sky and hold it harmless from and against all and any risks, claims, losses, damage, cost and expenses, which I may have, or any third party, against Blue Sky, arising directly or indirectly from my actions during the expedition
      3. I have agreed to indemnify Blue Sky and hold it harmless from and against all and any risks, claims, losses, damage, cost and expenses, which I may have, or any third party, against Blue Sky, arising directly or indirectly from my actions during the expedition
    2. INDEMNITY
      1. I understand, accept and fully appreciate, without reservation, that there may be risks, hazards and dangers in undertaking and participating in the expedition with Blue Sky to which risks, hazards and dangers I would be subjected to, which include, but are not limited to, exposure to or contact with dangerous animals, insects, snakes, spiders, plants, viruses, bacteria, diseases or sickness, natural disasters and acts of god, war, crime, public unrest, exposure to sun and adverse weather conditions, accidents of any kind (including transport by land, sea or air), and all other foreseen and unforeseen risks, hazards and dangers that may occur on the expedition undertaken by me.
      2. I fully understand and accept that the expedition with Blue Sky shall be undertaken at my own risk and I undertake on behalf of myself, my executors, dependents and trustees to keep Blue Sky (its directors, shareholders, employees, office bearers or subcontractors) indemnified and hold them harmless against all loss or damage, from any cause arising, which I may sustain during the expedition, including, but not limited to any claim for damages or loss to property, death or injury to myself as a direct or indirect consequence of my acts or omissions, or those of Blue Sky.
      3. I, accordingly, hereby irrevocably waive, relinquish and abandon all claims of any nature whatsoever which I, my executors, dependents or trustees may have against Blue Sky or any of its its directors, shareholders, employees, office bearers or subcontractors, arising out of the expedition, for loss or damage to property, personal injury or loss of life, howsoever caused and irrespective of whether the loss or damage occurred was a result of negligence, or intentional acts or omissions caused by myself or Blue Sky.
      4. I, undertake on behalf of myself, my executors, dependents and trustees to keep Blue Sky (its directors, shareholders, employees, office bearers or subcontractors) indemnified and hold them harmless against all loss or damage, from any cause arising, which Blue Sky may be liable for to any third party, as a direct or indirect result of any act or omission (whether intentional or negligent) by me during the expedition.
      5. I further undertake and agree to pay to Blue Sky on demand any sums or money which Blue Sky may be called upon to pay as a result of, or that follow from my acts or omissions in clause 2.4 above, and whether or not I admit the validity of such claims against Blue Sky (its directors, shareholders, employees, office bearers or subcontractors).
      6. My liability, obligations and undertakings hereunder shall continue to endure and remain in full force and effect for the duration of the expedition and for so long as Blue Sky or any affected third party may have a claim under this Indemnity, the Expedition Agreement or in law.
    3. GENERAL
      1. The provisions of this Indemnity shall be interpreted and governed by the Laws of the Republic of South Africa and I hereby consent and submit to the non-exclusive jurisdiction of the High Court of South Africa, Kwazulu-Natal (Durban) in respect of any matter or dispute arising from this Indemnity.
      2. No waiver, suspension or postponement by Blue Sky of any right arising out of or in connection with this Indemnity shall be of any force or effect unless in writing and signed by Blue Sky. Any such waiver, suspension or postponement will be effective only in the specific instance and for the purpose given.
      3. This Indemnity nor any obligations hereunder may be ceded, delegated or assigned by me without the prior signed written consent of Blue Sky.
      4. I select as my domicilium citandi et executandi for the effectual service of all notices and legal processes under this Indemnity my nominated address in the Expedition Agreement.
  • 2020, in the presence of the undersigned witnesses.