TERMS AND CONDITIONS OF THE AGREEMENT BETWEEN ADVENTURE RARAKAU LTD AND ITS CLIENTS
Adventure Rarakau Ltd will perform its services in accordance with accepted industry standards.
Adventure Rarakau Ltd 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.
Clients acknowledge that in the course of Adventure Rarakau Ltd 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 Adventure Rarakau Ltd 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 waive any right to bring action against the agents, employees or other personal representatives of Adventure Rarakau Ltd and accepts that if they should insure against such risks then the insurer shall have no right to take action against Adventure Rarakau Ltd, or their agents, employees or personal representatives, by subrogation or otherwise.
This agreement will terminate on completion of the services performed by Adventure Rarakau Ltd. This agreement shall be governed solely by the laws of New Zealand whose courts shall have exclusive jurisdiction in any dispute arising under or relevant to this agreement or the relationship between Adventure Rarakau Ltd and Clients.
All disputes and differences between the parties in respect of the interpretation of this agreement shall be referred first to mediation by a mediator agreed upon by both parties. All Clients agree to comply with all reasonable and lawful directions given by Adventure Rarakau Ltd or its agents, guides or subcontractors in performing the services offered by Adventure Rarakau Ltd.
Force Majeure. If due to an act of God, accident, fire, 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 causes beyond the reasonable control of Adventure Rarakau Ltd, and Adventure Rarakau Ltd is unable to perform its services, Adventure Rarakau Ltd shall be under no liability for its failure to perform the services as a result of the above. However Adventure Rarakau Ltd 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.
All trophies hunted and taken by the clients of Adventure Rarakau Ltd, remain the property of Adventure Rarakau Ltd until the total safari is paid for in full. 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. Clients who book with Adventure Rarakau shall be deemed to have accepted the terms and conditions of this agreement.