Adv Louis Nel Business Review Advice: Indemnities Part 3
An indemnity extends beyond the wording found in your terms and conditions (T&C) or a separate indemnity document/form, such as those used in game drives and adventure tourism. It also includes appropriately worded signage.
However, signage should not be used as a complete replacement for the above-mentioned documents but rather as a supplementary measure. Signage can address generic risks, such as slippery floor surfaces, unfenced pools, parking, etc., and more specific risks.
In certain cases, signage may act as an 'interim' substitute. For instance, if a person has not signed an indemnity or seen the T&C yet, but may do so in the future, your 'protection' will be limited to the signage. This could apply to individuals who are not part of the booked party or unexpectedly join activities like game drives.
It is crucial for such signage to meet the discussed requirements, as I will continue to elaborate on in this series of articles. Failing to meet these requirements may render the signage non-binding.
Consider using a 'composite nature' for the signage, which may include requirements of the POPIA (Protection of Private Information Act) if you are using CCTV at your premises. (Refer to my series of 4 articles published by SATSA from June 30 to August 19, 2022.)
I will soon discuss the CPA requirements regarding indemnities in a separate article in this series, so I won't delve into details here. However, I would like to remind you about the importance of timing when interacting with your visitors about the indemnity, as well as the need to use plain language.
Upon arrival at your premises, especially if by motorized transport, visitors will be exposed to the signage momentarily. Thus, it is vital to use the right-sized lettering and display key words like 'Indemnity and waiver' and 'Own risk' as visibly as possible. Avoid overly complex signage that may be difficult to read.
Additional wording on the signage should be concise yet clear. Include statements that the visitor is deemed to have read and agreed to be bound, identify the parties indemnified, and clarify what is included (e.g., loss, damage, injury, and death) and excluded (e.g., indirect or consequential loss or damage).
In my next article, I will focus on the role of the CPA (Consumer Protection Act) in relation to indemnities. Stay tuned!
© ADV LOUIS NEL
Louis-THE-lawyer
August 01 2023
DISCLAIMER - Each case depends on its own facts & merits - the above does not constitute advice - independent advice should be obtained in all instances
