I/WE, the undersigned, the “Client” which expression includes his/her/their personal representatives and assigns and any accompanying children) fully acknowledge understand and accept that:-
- OL TOME SAFARIS LIMITED of P.O. Box 40235, Nairobi, Kenya (the “Company” which expression includes its successors and assigns, agents, booking agents, associated companies, subcontractors, associates, employees, directors and other officers) arranges, books, organizes and provides safaris in the Masai Mara Game Reserve in the Republic of Kenya staying at Serian, Ngare Serian, Suguroi Hill, The Nest, Nkorombo Mobile, in Tanzania, Serian’s Serengeti North/South (the “Camp”). The safari, organized by the Company for the Client includes but is not limited to travelling to and from and staying in the “Camp” by plane or motor vehicle and safaris by boat, motor vehicle or on foot (the “Safari”).
- The Client accepts that all reasonable care will be taken by the Company to protect the Client and his/her/their property during the Safari.
- The Client accepts that the Safari involves some inherent risks of illness, injury or death and loss or damage to property.
- The Client fully assumes all such risks and hereby releases and discharges the Company from all actions, claims and demands for damages or compensation or costs.
- The Client accepts that it is his/her/their responsibility to make certain that he/she/the accompanying children are adequately insured.
- The Client agrees that the Company does not accept any liability to the Client for illness, injury or death or any loss or damage to property howsoever incurred on the Safari.
- The Client further agrees to indemnify and keep indemnified the Company against any claim that may be made against the Company regarding any losses, costs, charges or expenses howsoever incurred arising from any illness or injury or death to the Client or damage to the Client’s property which might be caused or suffered as a consequence of any accident whilst on the Safari.
The Client has carefully read and understood this Disclaimer and accepts that it is a release of liability to the Company and signs it of his/her/their free will. The Client agrees that the Safari will not commence until the Company has received a signed Disclaimer.
This Disclaimer shall be governed by and construed in accordance with the Laws of Kenya and the parties hereby submit to the jurisdiction of the Kenyan Courts. The Client subject always to the above further agrees that any such suit by the Client shall be limited to the costs of the Safari.