Fishing and related coastal and/or marine activities involve inherent risks and may result in serious injury or death.

These risks may include, among others:

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• waves, tides, currents and changing sea conditions;

• slippery, uneven or unstable rocks, beaches and shorelines;

• falling, slipping or being washed into the water;

• drowning;

• adverse weather and sudden changes in weather conditions;

• fishing hooks, lines, sinkers, rods, knives and other fishing equipment;

• injury caused by fish, sharks or other marine animals;

• cuts, puncture wounds and other injuries while handling fish or bait;

• travel to and from fishing locations;

• exposure to sun, heat, cold and wind;

• remote locations and delays in obtaining emergency medical assistance; and

• where a vessel is used, risks associated with launching, boarding, travelling on and disembarking from the vessel, including collision, capsize and falling overboard.

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I understand that these risks cannot be completely eliminated, even when reasonable safety precautions are taken.

I voluntarily participate in the fishing charter / guided fishing activity.

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I confirm that the nature of the activity and the risks described above have been brought to my attention. I understand those risks and voluntarily accept the ordinary and inherent risks associated with participating in the activity.

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I agree to follow all reasonable safety instructions given by the operator, guide, skipper or other authorised person.

To the fullest extent permitted by South African law, I participate in the activity at my own risk.

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I release and indemnify the Operator, its owners, employees, guides, skippers, contractors and agents from claims arising from injury, illness, death, loss or damage suffered by me as a result of the ordinary and inherent risks of the activity, including accidents that may occur despite reasonable precautions being taken.

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To the extent permitted by law, this indemnity also applies to loss or injury resulting from ordinary negligence.

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Nothing in this agreement excludes or limits liability that may not lawfully be excluded or limited, including liability arising from gross negligence or intentional wrongdoing.

I understand that my safety and the safety of other participants depend partly on my conduct.

I agree to:

• follow instructions given by the guide;

• use safety equipment when instructed to do so;

• not deliberately place myself or another person in danger;

• immediately tell the guide if I do not understand an instruction;

• disclose any circumstance that may materially affect my ability to participate safely; and

• not participate while materially impaired by alcohol, drugs or any other substance.

 

The guide may prevent me from participating, or may end my participation, if they reasonably believe that my conduct creates a safety risk.

I understand that fishing takes place in a natural environment and that weather, sea and fishing conditions can change quickly.

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The Operator or guide may change the fishing location, shorten, postpone or terminate the activity where reasonably necessary for safety.

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I understand that no particular catch, species, fishing conditions or fishing result can be guaranteed.

I remain responsible for my personal belongings.

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To the extent permitted by law, the Operator is not responsible for loss of or damage to personal items including mobile phones, cameras, clothing, fishing equipment or other belongings arising from the ordinary risks of the activity.

If I am injured or become ill and I am unable to provide instructions myself, I authorise the Operator to arrange reasonable emergency assistance on my behalf.

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I understand that emergency response may be affected by the location, weather, sea conditions and availability of emergency services.

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This clause does not oblige the Operator to provide medical treatment beyond reasonable first aid or emergency assistance available in the circumstances.