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. |