ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT
I/We am/are aware that during any safari trip that I am voluntarily participating in under the arrangements of Elwai Camp Limited, a Tanzanian corporation, and its employees, agents and associates, certain risks and dangers exist while on safari and within wilderness areas in Tanzania that include without limitation the possibility of property damage, sickness, bodily injury, and even death. There is a possibility of accident or illness occurring without access to immediate or timely medical treatment or facilities. There is a risk of tropical or communicable diseases, food-related illnesses, the potential for personal injury, property damage, wildlife attacks/bites, quarantine, political instability, terrorism, strikes, government restrictions or regulations change, thefts, pilferage, and accidents during safari while on foot or by aircraft, automobile, van, bus, or any other form of transportation.
I understand that such risks cannot be totally eliminated without jeopardizing the essential qualities of safari and that Elwai Camp Limited, its employees, agents and associates assume no obligation to reduce or limit the risks inherent in safari travel. In consideration of, and as part payment for the privilege to participate in such safari and/or other camp activities and services arranged for me by Elwai Camp Limited its employees, agents and associates, I have and do hereby assume all risks, and hereby indemnify Elwai Camp Limited its employees, shareholders, agents and associates, and hold them harmless from any and all liability, actions, causes of actions, debts, claims, and demands of every kind and nature, howsoever caused, which I now have or which may arise in connection with any of my safari and participation in any activities arranged for me by or at Elwai Camp Limited its employees, agents and associates. I further represent that I am in sufficient medical and mental health to participate in the rigors of a safari. The terms hereof shall serve as my assumption of all risks and a waiver of all claims resulting from my assumption of these risks for myself, my heirs, executors and administrators, and for all members of my family.
I assume sole responsibility for my actions on this safari, including without limitation the responsibility to conduct myself in strict compliance with all laws, regulations and ordinances of any kind in Tanzania while on safari. I agree to indemnify and hold Elwai Camp Limited, its employees, agents and associates harmless from any liability for my actions while on the trip or tour.
If Elwai Camp Limited or anyone acting on its behalf is required to incur attorney's fees and costs to enforce this agreement or to defend against claims arising out of my actions while on the trip or tour, I agree to indemnify Elwai Camp Limited and hold it harmless for all such fees and costs. In the event a lawsuit is filed, I agree that the sole remedy that I may seek is limited to reimbursement of the trip or tour fee and that in no event may a claim for incidental, consequential or punitive damages be brought with regard to this agreement or the performance of this agreement. Any lawsuit arising out of this agreement or the performance of this agreement must be brought in Tanzania. I agree that the substantive laws of Tanzania and shall apply in any action without regard to the conflict-of-law rules of Tanzania.
Due to the physical requirements and possible fatigue related to safaris, Elwai Camp Limited reserves the right to require individuals with current or past serious medical conditions to provide a medical clearance form from their primary care physician. Furthermore, we reserve the right to deny services to persons who may pose a risk to themselves, others on the safari, or because of their condition(s) may require special assistance/attention which would alter the basic nature of the safari for all guests. Additionally, if any person/client/guest causes disturbance, annoyance, or continued inconvenience to the safari/camp or other persons/client/guests, Elwai Camp Limited may require the offending person to leave camp with no refund – prorated or otherwise. Govern yourself accordingly.
I have read and agree to these terms and provisions and limitations & indemnification on responsibility herein.
If any part, article, paragraph, sentence or clause of this Agreement is not enforceable, the affected provision shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law, and the remainder of the Agreement shall continue in full force and effect.
By signing this document, I acknowledge that I agree to all terms herein and if anyone is hurt or property is damaged during my participation in this activity, I have knowingly waived my right to maintain a lawsuit against Elwai Camp Limited its employees, shareholders, agents and associates, on the basis of any and all claims from which I have agreed to hold them harmless.
THIS IS A CONTRACT. I have had sufficient time to read this entire document. I have read and understand it, and I agree to be bound by ALL its terms. Adults are also signing for minor children.
Signature:
Print Name:
Signature Date:
Thank you for joining us! Please review and sign this form. Elwai Camp Limited
Copyright © 2025 Elwai Camp - All Rights Reserved.