T+C’s, Indemnity, Waiver and Disclaimer regarding entry and traversing of any part of the reserve

Definitions:

“The Company” shall mean and include the Mkambathi Land Trust, Eastern Cape Parks and Tourism Agency (ECPTA), Mkambati Matters (Pty) Limited, the Mkambati Conservation and Community NPO and all of the companies connected with it in a network of direct and indirect shareholdings (whether holding, subsidiary, associated or affiliated), and all of the directors, members, trustees, employees, agents, contractors and representatives of the companies, organisations, trusts, associations and entities that form

part of the said network; 

“Wildlife Areas” means the whole of the Mkambati Nature Reserve including the private concession in the north of the Mkambati Nature Reserve as well as its Marine Protected Area offshore.

“Activity/ies” shall mean and include all activities (guided and unguided), specifically including but not limited to all activities related (whether directly or indirectly) to game or nature drives and transfers, swimming and snorkelling, fishing, horseback riding/safaris, boating, walking, hiking, intertidal walks & trails, caving, climbing, cycling, kayaking, canoeing, SUPing etc, cultural activities including transiting through the reserve.

“Fees” shall mean the going park entry fee at the time that is applicable to all tourists visiting the Mkambathi Nature Reserve. The fees are divided into two sections – those payable for entering the northern private concession and then the public areas in the south. Depending on where your activity or transit takes you, you will be liable for the fees to visit that sector – or both. The park entry fees for the northern concession area are payable to the Mkambati Conservation & Community NPC, a not-for-profit entity that funds conservation and community upliftment in the region. The park fee for the southern section of the reserve is payable to the ECPTA. If you have not paid your park entry fees of R300 per person in advance, then you are trespassing and contravening the National Environmental Management Protected Areas Act 57/2003 Regulations that govern the proper administration of all nature reserves in South Africa and will be prosecuted. All Mpondo people are exempt from paying these fees.

Indemnity, waiver, disclaimer and local by-laws

1. I acknowledge that I am aware of and appreciate the real dangers and risks that are associated with Wildlife Areas arising from amongst other things, hiking, climbing, travelling in open vehicles, and participating in Activities in such Wildlife Areas, the presence of wild, unpredictable and dangerous animals, insects, fish, snakes and other reptiles and the real risk of suffering bodily injury, illness (tick bite fever, snake bite and any other infectious disease), death and damages. I accept and acknowledge that I enter these Wildlife Areas, and participate in the Activity/ies entirely at my own risk;

2. I waive any and all claims of whatsoever cause or nature, howsoever arising, including negligence which I might have or which might arise against the Company;

3. The Company shall not be liable to me or any of my dependants for any loss, injury, illness and disease (including tick bite fever, snake bite and any other infectious or other disease), harm, death or disability, loss of support, damages of whatsoever nature, or cause which may arise from my visit to the Mkambathi Nature Reserve or the Marine Protected Area offshore. 3 (cont): I undertake to indemnify, defend and hold harmless and free, the Company, from any and all claims which may arise by my spouse, life partner, children, dependants, travel agent, tour organiser or intermediary that organised or was involved in arranging my holiday / safaris / travel activities who suffer any damages of whatsoever nature or cause (including negligence), including but not limited to personal injury, illness and disease (including snakebite and any other infectious or other disease), harm, death or disability, loss of support and/or damages.

4. All disputes and claims shall be governed by the law of South Africa and shall be subject to the exclusive jurisdiction of the Courts of South Africa. No dispute or claim of any nature whatsoever shall be subject to laws or the jurisdiction of any court other than a court in South Africa.

5. In the event of injury, the Company may at its sole discretion and without prejudice or admission of liability arrange and pay for emergency medical treatment or evacuation, for and on behalf of myself, my spouse, common-law wife/husband, children or dependants, whether minor or adult. I acknowledge that I will be directly responsible to reimburse the Company for these expenses.

6. Without derogating from the generality of this document, should the Company for any reason whatsoever, not be found to be protected by any of the provisions of, or protections contained in, this document and found to be liable to me, my dependants, my heirs, executor, successors in title, estate, beneficiaries, trustees and/or administrators for any loss or damage suffered, then the Company’s liability shall be limited to the actual proven and direct loss only, such loss however, shall be limited to and shall not to exceed R200 000 (two hundred thousand Rand). The aforesaid amount shall be all-inclusive and shall include all capital, legal costs and disbursements.

7. No variation, novation or cancellation of this agreement shall be binding unless reduced to writing and signed by me and an authorised representative of Mkambati Matters (Pty) Ltd. Each provision of this agreement shall be regarded as a separate and severable provision which is separately enforceable. In the event of any one or more of the provisions being found to be invalid or unenforceable, then that or those provisions shall be severed from this document and the remaining provisions shall continue in full force and effect.

8. Local Reserve by-laws:

• Day visitors who have paid their park fees are only allowed to be in the reserve from

0800 to 16h00

• Trailists who are traversing through the reserve need to by-pass GweGwe Lodge to its

interior. No walking through the lodge.

• No littering – including toilet paper!

• No camping or sleeping in vehicles is allowed.

• No pets are allowed in the reserve

• No firearms are allowed in the reserve

• No killing of any animal is allowed – nor any disturbance anywhere in the reserve.

• No collecting of driftwood is allowed in the reserve

• No off-road driving is allowed in the reserve

• No noise is allowed in the reserve

• No collecting of bait, nor any fishing (including octopus, crayfish, oysters, mussels etc)

is allowed anywhere in the reserve except in the 1km designated zone around

GweGwe.

The maximum fine will be levied for all offences.