HUNT CONDITONS AND AGREEMENT
Click here to download a printable copy of this form and the Conditions and Agreement.

HUNT CONDITONS AND AGREEMENT BETWEEN:

 JOHN BERRY - HUNTING CONSULTANT LYD. (KIMIHIA SAFARIS ) AND CLIENTS


1) KIMIHIA Safaris, will perform services in accordance with accepted industry standards.

2) KIMIHIA Safaris, will comply with all relevant laws applicable to the conduct of these services and the operation of equipment used in the performance of the services.

3) Clients acknowledge that in the course of, KIMIHIA Safaris, its Directors, Guides and Subcontractors, performing the services of Hunting and related activities for the Clients, they may be at risk of suffering personal injury, accident or death and that the Clients expressly waive any right to sue or otherwise bring a claim against JOHN BERRY - HUNTING CONSULTANT Ltd., or KIMIHIA Safaris, in respect of any such injury, accident or death and whether there be loss directly or indirectly caused by the same.  This provision shall also be binding on the Client’s personal representatives. The Clients also wave any right to bring action against the agents, employees or other personal representatives of JOHN BERRY - HUNTING CONSULTANT or KIMIHIA Safaris, and accepts that if they should insure against such risks then the insurer shall have no right to take action against JOHN BERRY - HUNTING CONSULTANT Ltd., or KIMIHIA Safaris, or their agents, employees or personal representatives, by subrogation or otherwise. 

4) In order to maximise their services for the client, JOHN BERRY - HUNTING CONSULTANT Ltd., and KIMIHIA Safaris, (here after referred to as “The Company”), at its absolute discretion, may vary part or all of the areas where the services are to be performed or the manner in which the services are to be performed, but not so as to render the value if the services significantly less than the services contracted. Such variations to be subject to the approval of the client where practical – such approval not to be unreasonably refused.

5) This agreement will terminate on completion of the services performed by The Company.

6) This agreement shall be governed solely by the laws of New Zealand whose courts shall, subject to clause 7 hereof, have exclusive jurisdiction in any dispute arising under or relevant to this agreement or the relationship between The Company and Clients.

7) All disputes and differences between the parties in respect of the interpretation of this agreement shall be referred to mediation by a mediator agreed upon by both parties.

8) All Clients agree to comply with all reasonable and lawful directions given by The Company or its agents, guides or subcontractors in performing the services offered by The Company.

9) Force Majeure. If due to an act of God, accident, fire, coma, lockout, strike or other labour dispute, riot or civil commotion, enactment, rule or act of Government, failure of technical facilities, failure or delay of transportation facilities, act of war or terrorism, epidemics, earthquakes or other disasters, or other cause beyond the reasonable control of The Company, The Company is unable to perform its services, The Company shall be under no liability for its failure to perform the services as a result of the above. However The Company will use its best endeavours to overcome the event and minimise the loss to the Client and will continue to perform its obligations as far as practicable. The Company shall not be under any obligation to make a refund to the Client where The Company is unable to perform its obligations in these circumstances.

10) Clients failing to return a signed copy of this agreement, will, upon arrival at the site at which the services are to be performed, be deemed to have accepted the terms and conditions of this agreement.

11) Clients acknowledge that they have read and fully understood the terms of this agreement and enter into it of their own free will and acknowledge that they are not under any duress or incapacity of any sort and have had the opportunity to take legal advice.

12) All trophies hunted and taken by the clients of the Company, remain the property of the Company until the total safari is paid for in full.

When you have carefully read our Conditions and Agreement above, please fill out the Hunt Booking Form

John Berry - Hunting Consultant Ltd
P.O. Box 12, Methven, New Zealand 
Telephone: +64 3 302 9682 
Facsimile: +64 3 302 9683
Email: john@johnberryhunting.com

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