INDEMNITY AGREEMENT
This Indemnity Agreement (“Agreement”) is entered into on the day of registration by and between The Skipper Foundation, situated at Mossel Bay Harbour, Mossel Bay, South Africa, and the undersigned boat owner or user of services (hereinafter referred to as “the Boat Owner” or “User”).
WHEREAS, The Skipper Foundation operates a facility at the Mossel Bay recreational slips where it provides services related to the launching and recovery of boats using a tractor at two designated launch bays on the premises (the “Premises”);
AND WHEREAS, the Boat Owner or User wishes to utilize the launching and recovery services provided by The Skippers Foundation for the purpose of launching and retrieving their boat and for any other services provided by The Skippers Foundation at the Premises.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows:
1. INDEMNITY
The Boat Owner and any associated parties, employees, contractors, or guests (hereinafter collectively referred to as “User”) hereby indemnify and hold harmless The Skipper Foundation, its directors, employees, agents, contractors, and the Mossel Bay harbour (hereinafter collectively referred to as “Indemnified Parties”) from and against any and all claims, demands, actions, causes of action, lawsuits, judgments, losses, damages, costs, or expenses of any kind, including legal fees, arising directly or indirectly from the use of the tractor to launch and recover the boat, use of the Premises, or any activities related to the services provided by The Skipper Foundation.
This indemnity includes, but is not limited to, claims for personal injury, death, property damage, theft, or any other incident that may occur on the Premises, whether caused by the negligence, intentional acts, or other actions of the Boat Owner, other users of the facilities, or third parties.
2. ASSUMPTION OF RISK
The User acknowledges and agrees that the use of the launching and recovery services, including the use of the tractor, and any other activities associated with the Premises, carry inherent risks of damage to property and personal injury, and the User assumes full responsibility for these risks. The User further acknowledges that they are solely responsible for their actions and the actions of their employees, agents, contractors, guests, or any third party associated with their boat.
3. NO LIABILITY OF THE SKIPPERS ACADEMY
The Skipper Foundation shall not be held liable for any direct or indirect loss, injury, or damage sustained by the User, their agents, employees, contractors, or third parties while on the Premises, even if such injury or damage is caused by the negligence, mismanagement, or other fault of The Skipper Foundation, its agents, contractors, or employees.
The User agrees that The Skipper Foundation is not responsible for any personal injury, death, or loss of or damage to any property that occurs as a result of the boat launching or recovery services or any other activities conducted at the Premises.
4. LIABILITY TOWARDS THIRD PARTIES
The User agrees to indemnify and hold The Skipper Foundation and the Mossel Bay Port harmless from any liability towards third parties for injuries, damages, or losses that occur on the Premises as a result of the actions or negligence of the User, their guests, contractors, or agents. The User shall assume full responsibility for any claims made by third parties and shall compensate The Skipper Academy and the Mossel Bay harbour for any legal fees, damages, or settlements resulting from such claims.
5. INSURANCE
The Boat Owner is responsible for ensuring that their boat is adequately insured for any damage, loss, or injury that may occur during the use of The Skipper Foundation’s services. The Skipper foundation strongly recommends that the Boat Owner maintains public liability insurance, including coverage for third-party injuries and property damage, which may arise while using the tractor launch service.
6. COMPLIANCE WITH LAWS AND REGULATIONS
The Boat Owner agrees to comply with all local, provincial, and national laws, as well as any rules or regulations established by The Skippers Foundation and the Mossel Bay harbour regarding the use of the Premises. This includes the safe operation of boats and other equipment and adherence to instructions from The Skipper Foundation staff or agents.
7. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by the laws of the Republic of South Africa, and any disputes arising hereunder shall be subject to the jurisdiction of the courts of South Africa.
8. SEVERABILITY
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity of the remaining provisions shall not be affected.
9. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the parties regarding the indemnity and release of liability and supersedes all prior discussions or agreements.
10. ACKNOWLEDGEMENT
By agreeing to the acknowledgement on the registration whatsform or an update policy form, the undersigned confirms that they have read, understood, and voluntarily agree to the terms of this Indemnity Agreement.