ASSUMPTION OF RISK, WAIVER, RELEASE AND INDEMNITY AGREEMENT
In consideration for MERTON MANOR GUEST HOUSE & SECRET FALLS TRUST allowing the Guests to use the GUEST HOUSE AND HOLIDAY FARM and premises located at 17 EIKE ROAD DURBANVILLE & PORTION 3 DIE STER TULBAGH , I/we hereby release and discharge from any liability, and covenant not to sue Owner, NADIA LÜDI-HOFFMANN AND MARC LÜDI T/A SECRET FALLS TRUST, its directors, officers, employees, agents and insurers, personal representatives with respect to any and all claims for property loss or damage, personal injury, accidents or illnesses (including death), arising from my/our use of the Property.
50% cancellation fees if cancelled more than 7 days prior to stay
100% cancellation fees if cancelled less than 7 days prior to stay
Your booking date can be changed once, at no charge, if done more than 2 weeks prior to stay
I/We acknowledge that no warranty, expressed or implied, is made by Owner that any particular condition does or does not exist on the Property. I/We understand that there are numerous dangerous or potentially dangerous conditions, risks and hazards on the Property, and in the use of improvements to and on the Property, some of which are known or reasonably foreseeable, including without limitation dangers posed by both domestic and wild animals; poisonous snakes, insects and spiders; erosional features, pits, holes, cliffs, bluffs, caves, creek and river crossings, ponds, marshes, and loose rock; pipelines; propane tanks, LPG or propane-operated heaters and stoves; and other conditions which may produce hazardous driving, walking, and living conditions. I/We understand that some hazards are unknown or not reasonably foreseeable. I/We release Owner from any obligation to affirmatively disclose any hazardous conditions located on the Property, and I/we knowingly and expressly assume all risk for all hazards and dangers, known and unknown, foreseeable and unforeseeable, and voluntarily elect to use the Property and the improvements thereon and expose myself/ourselves to any such hazards and dangers.
To the fullest extent permitted by law, I/we shall indemnify and hold Owner harmless from and against any and all liabilities, damages, claims, suits, losses, actions, causes of action, liens, judgments, medical and all other expenses (including reasonable legal fees) of any nature, kind or description whatsoever arising out of or as a result of (i) injury to or death of any person, including any child or ward under my/our control, or (ii) damage to or loss of property, occurring on or about the Property or en route to or from the Property, and caused or alleged to be caused in whole or in part by any act or omission of Owner or any third party acting on behalf of Owner, unless caused in whole or in part by Owner’s or such third party’s gross negligence or willful misconduct.
If any part of this Agreement shall be held invalid, the balance shall, notwithstanding, continue in full legal force and effect.
I/We have read and understand this Agreement, and I/we agree that its terms shall be binding on me/us and on my/our heirs, legal representatives and assigns. I/We understand that I am/we are giving up substantial rights, including rights to sue, and I/we acknowledge that I am/we are accepting this waiver from the moment we arrive at the establishments until and including the date of departure.
SECRET FALLS TRUST
VAT REGISTRATION NUMBER: 4880265584
Small to medium dog breeds (limit of one to two dogs per cottage or camp unless prior arrangements have been made), cats, horses & caged birds welcome all year round by prior arrangement only and at the owners or management’s discretion. Well-behaved, socialized larger dog breeds by special prior arrangement only. Your dog is to stay under your control and not plague other dogs or campers .bring own pet beds & bowls. Paddock for horses. Owners may be charged for any damages. Pets are not allowed to roam and must be kept under direct supervision at all times. Dogs that are inclined to roam must be kept leashed at all times outside and in the vicinity of other guests. Aggressive and/or barking dogs will not be tolerated. Easy access to walks. Consideration must be given to resident dogs, birds, horses and wildlife – pets must respect our fauna, dogs who roam will disturb wildlife. Pets pay. Doggie Damages Deposit Required: NONE, however, guests are fully responsible for their pets and their pets' behaviour and actions. Non-compliance with these rules or if the pets become a nuisance (i.e. roaming / barking / interfering with the neighbouring Live Stock or Horses or other guests on their sites) will result in management asking guests to leave the Reserve - without the option of reimbursement. Exercise tick control very carefully as there is tick season. We will not be held responsible for any damages / death or the like that may occur to your Pets when on the Secret Falls Property, even if caused by others.
2 dogs per camp site