privacy policy

Legend Golf & Safari Resort

DISCLAIMER

In using this website to make a booking, you hereby confirm that you wish to participate in and/or attend the Legend Golf & Safari Resort, any of its affiliates (in the widest sense), or any activity related thereto, including the Extreme 19th Hole experience, including, but not limited to, transport by helicopter to and/or from the Extreme 19th Hole, embarking and disembarking from a safari vehicle, embarking and disembarking from the helicopter, being present at the Extreme 19th Hole site, hitting golf balls from the tee-box, observing or accompanying participants, and all activities incidental thereto (hereinafter collectively referred to as “the Activity”).

1. ACKNOWLEDGMENT OF NATURE OF ACTIVITY AND RISKS

You acknowledge that the Activity is inherently dangerous and may expose you to a wide range of risks, hazards and potential harm, including risks which may arise before, during or after the Activity. Without limiting the generality of the aforesaid, you specifically acknowledge that such risks include, but are not limited to:

1.1. risks associated with helicopter travel, including boarding, disembarking, loading, unloading, take-off, flight, landing, turbulence, mechanical failure, pilot error, emergency procedures, forced landing, crash, fire, rotor-related hazards, slips and falls near the aircraft, and injury caused by loose objects or unsafe conduct in or around the helicopter;
1.2. risks associated with the remote and elevated location of the Extreme 19th Hole, including steep terrain, cliffs, rocky or uneven ground, loose stones, slips, trips and falls, reduced accessibility, and limited or delayed emergency response;
1.3. risks associated with weather and environmental conditions, including high winds, mist, fog, rain, lightning, extreme heat, cold, reduced visibility and sudden weather changes;
1.4. risks associated with golf and golfing equipment, including being struck by golf balls, clubs, equipment, debris or other projectiles, mishits, ricochets, loss of footing during a swing, and injury caused by the acts or omissions of other participants or spectators;
1.5. risks associated with the natural environment and wildlife, including insects, reptiles, birds and wild animals, bites, stings, scratches, attacks, or other incidents involving wildlife;
1.6. risks associated with transport to, from and within the resort, waiting areas, walkways, staging zones, landing areas, viewing points, and all resort facilities connected with the Activity;
1.7. risks of serious bodily injury, emotional trauma, illness, disability and death; and
1.8. loss of, theft of, or damage to your personal property, including golfing equipment, clothing, valuables, cameras, watches, mobile devices and any other belongings.

2. FITNESS AND CAPACITY TO PARTICIPATE

You warrant that:

2.1 You are physically and mentally fit to participate in the Activity;
2.2 You do not suffer from any medical condition, injury, disability, fear, impairment or other circumstance which may render your participation unsafe for myself or others;
2.3 You are not under the influence of alcohol, narcotics, medication or any other substance that may impair your judgment, balance, coordination or ability to comply with safety instructions;
2.4 You will immediately disclose any relevant medical, physical or safety concern to the organisers before participating.

3. COMPLIANCE WITH INSTRUCTIONS

You undertake at all times to:

3.1. obey all lawful and reasonable instructions given by the helicopter operator, pilot, ground crew, resort personnel, guides, marshals, employees, contractors and/or authorised representatives;
3.2. comply with all safety rules, procedures, warnings, signage and verbal briefings;
3.3. conduct myself in a prudent and responsible manner and refrain from any conduct that may endanger myself or any other person;
3.4. accept that the organisers and/or pilot may, in their sole discretion, refuse, suspend or terminate your participation at any stage if considered necessary for safety, operational, weather, medical or behavioural reasons.

4. VOLUNTARY ASSUMPTION OF RISK

You hereby freely and voluntarily assume all risks of whatsoever nature arising from or connected with the Activity, whether foreseen or unforeseen, and whether arising directly or indirectly from your participation in, attendance at, travel to, travel from, or presence at the Activity.

5. INDEMNITY AND HOLD HARMLESS

To the fullest extent permitted by law, you hereby indemnify, hold harmless and forever discharge:

5.1 Legend Golf & Safari Resort;
5.2 Legend Safari Villas (Pty) Ltd;
5.3 Legend Hospitality Group (Pty) Ltd;
5.4 Entabeni Private Game Reserve (Pty) Ltd;
5.5 Entabeni Hospitality (Pty) Ltd;
5.6 Aeronautics Solutions (Pty) Ltd;
5.7 all holding companies, subsidiaries, associated entities, affiliates, shareholders, directors, officers, employees, volunteers, agents and representatives of any of the aforesaid;
5.8 the owners, lessors, occupiers and managers of the property and facilities where the Activity takes place;
5.9 the helicopter operator, pilot, aviation personnel, air service provider, maintenance provider and all persons involved in the transport component of the Activity;
5.10 any sponsors, partners, event organisers, tour operators, service providers, contractors, subcontractors, guides, marshals, caddies, security personnel and medical responders connected with the Activity,
(hereinafter collectively referred to as the “Indemnified Parties”)

against any and all claims, demands, actions, proceedings, liabilities, losses, damages, costs, expenses and/or compensation of whatsoever nature, whether direct, indirect, consequential or otherwise, which you or any person claiming through or under you may suffer or incur arising from or in connection with the Activity, including but not limited to:

◦ death, bodily injury, illness, shock, trauma or disability;
◦ loss of or damage to property;
◦ delays, cancellations, diversions, changes to itinerary or interruption of the Activity due to weather, safety, wildlife, operational issues or force majeure;
◦ any act or omission of any participant, spectator, employee, contractor or third party; and
◦ any rescue, evacuation or medical treatment provided or not provided.

6. LIMITATION

You specifically record and agree that this indemnity shall apply irrespective of the cause of any loss, damage or injury, including negligence on the part of any of the Indemnified Parties, provided that nothing in this indemnity shall be construed as excluding or limiting liability for gross negligence, wilful misconduct or any liability which cannot lawfully be excluded in terms of South African law.

7. MEDICAL TREATMENT AND EMERGENCY ASSISTANCE

7.1. You authorise the Indemnified Parties to secure such emergency medical treatment, evacuation, transport or assistance for you as may in their discretion be considered necessary.
7.2. You acknowledge that medical or rescue assistance may be delayed due to the remote location, terrain, weather conditions or aviation restrictions.
7.3. You accept full responsibility for all medical, rescue, evacuation, hospital and related expenses incurred on your behalf.

8. PERSONAL PROPERTY

You understand and accept that You bring all personal belongings and equipment to the Activity entirely at your own risk, and you indemnify the Indemnified Parties against any claim arising from loss of, theft of, or damage to such property.

9. NO WARRANTY

You acknowledge that no warranty, representation or guarantee has been made to you regarding your safety, the condition of the helicopter, the weather, the terrain, the presence or absence of wildlife, or the suitability of the Activity for your personal circumstances.

10. BINDING EFFECT

This indemnity shall be binding upon you, your heirs, executors, administrators, dependants, assigns and any person who may seek to institute a claim through you or on your behalf.