HUNTERS
NAMIBIA SAFARIS
SAFARI CONTRACT
This contract is made and entered into by and between:Hunters Namibia Safaris
P.O. Box 1443
Windhoek, Namibia
Tel.: (Intl.) 264-62-560238
Fax: (Intl.) 264-62-560266
(Hereinafter referred to as "HNS")and
_________________________________(First Name, Middle Initial, Surname/Last Name)
_________________________________(Street Address and P.O. Box)
_________________________________(City, State & Zip code)
_________________________________(Country)
_________________________________(Home Telephone)
_________________________________(Business Telephone)
_________________________________(Fax. No.)
_________________________________(E-Mail Address)
_________________________________(Date of Birth)
(Hereinafter referred to as "Client")Client is interested in booking a Safari with HNS. ACCORDINGLY, CLIENT AND HNS HAVE REACHED FOLLOWING BINDING AGREEMENT:
1. SAFARI DATES: The dates of Client's Safari will be:______________________.
2. ESTIMATED COSTS: Prior to the execution of this Contract, HNS has provided Client a "Safari Estimate" of the estimated cost of Client's Safari, based on the information Client provided to HNS as to the requested length and nature of the Safari, as well as the trophies that Client would like to pursue. The parties understand that this was only an estimate and that the cost may change if Client desires to change the nature of the Safari and takes more or less trophies than quoted in the estimate. And unless otherwise agreed in writing, the parties agree that all costs, fees and expenses have been quoted in U.S. dollars and will be paid in U.S. dollars.3. DAILY RATES: The parties agree Client will be charged a "Daily Rate" fee for each hunter, at the rate of ________ dollars per day and a "Daily Rate" fee for each observer, at the rate of _________ dollars per day.
4. TROPHY FEES: The parties also agree that Client will pay a "Trophy Fee" to HNS for each animal taken as a trophy at the rate specified in HNS's written list of trophy fees. The parties further agree that a full Trophy Fee will be paid to HNS for any animal wounded and lost after being wounded by Client.
5. INCLUDED COSTS: The parties agree that included in the cost of the Safari will be the following:
a. Full accommodations and meals during the safari;
b. Daily laundry service;
c. Transport to and from the Windhoek Airport;
d. Field preparations of the trophies;
e. Soft drinks and non-alcoholic beverages; and
f. Hunting vehicles and staff.
6. EXCLUDED COSTS: The parties agree that the quoted cost of the Safari does not include the following items and services and that additional fees/costs will be paid by Client for the following:
a. Weapon hire and usage of HNS's ammunition;
b. Packing and shipping costs of trophies and souvenirs/curios;
c. Alcoholic beverages;
d. Transportation to other areas on Client's request;
e. Personal items for Client purchased from or by HNS; and
f. Hotels and airfares before and after the Safari.
7. DEPOSIT: The parties agree that at the time of execution of this Safari Contract, Client will pay HNS a deposit of 50% of the total daily fees in U.S. dollars to reserve Client's Safari. This deposit is non-refundable unless notice of cancellation of Client's Safari is received by HNS at least 6 months prior to the commencement of the Safari and HNS is able to book another Safari of comparable value to replace the canceled booking. Requests to reschedule Client's Safari will be handled on a case by case basis, at HNS's discretion.
8. PAYMENT CONDITIONS: The parties agree that the balance of the daily fees, all trophy fees, the government V.A.T. and the fees for any excluded costs as set forth in paragraph 6 above will be paid upon completion of the Safari, before departure. They also agree that all payments at the end of the Safari will be made in U.S. dollars and will only be payable in bank drafts, traveler's checks and cash. No personal checks can or will be accepted.
9. LIABILITY WAIVERS AND RELEASE: HNS agrees to take all reasonable precautions to ensure the safety of the Client, when the Client is participating in the activities provided by HNS. In consideration therefore, Client (including Client's heirs, executors, administrators, insurers and assignees) acknowledges and agrees that he/she is fully aware of all the risks and hazards associated with international travel, as well as the Safari hunting, fishing, sightseeing and related activities and knowingly assumes any and all risks associated therewith. In addition, Client knowingly and irrevocably waives, releases and abandons any and all rights, claims and/or causes of action that Client may now or in the future have against HNS (including but not limited to its owners, directors, shareholders, employees, agents, insurers, contractors or assigns) arising out of any damage, accident, injury (including but not limited to attack, bite or other injury caused by any wild animal or insect), illness, death or any other non-specified loss which Client and/or Client's family or friends might incur or sustain, either directly or indirectly, on the premises of HNS's property and/or in the course of any activities provided by HNS, including any and all injuries or damages which may be negligently caused by HNS, its owners, directors, shareholders, employees, agents, contractors or assigns.
10. NAMIBIA LAW AND VENUE APPLIES: The parties agree that in the event of a breach of this Contract or if any tort or other form of actionable conduct occurs with respect to this Safari or any related activities, including any torts or actionable conduct by Client (or his/her family and friends for which Client is responsible) against HNS or its owners, directors, shareholders, employees or agents, that any such dispute will be decided under Namibian law, in the Namibian court system. No claim will be brought in any forum other than a court of competent jurisdiction in the Namibian court system. Client hereby agrees that subject matter jurisdiction, personal jurisdiction and venue are proper in the Namibian court system.
11. SERVICE OF PROCESS: The parties agree that if any dispute arises that will necessitate a resolution by the Namibian court system, the parties hereby waive any and all requirements for or objections to international service of process between Namibia and Client's home country, and agree to service of process by mail to the addresses listed above, with written proof of receipt of same.
12. ENFORCEABILITY: In the event that a judgment is obtained in Namibia against Client for any breach of this agreement or other form of actionable conduct, Client waives any and all objections to enforcing this foreign judgment in the state or federal court system located in Client's home state. Client hereby further acknowledges and agrees any judgment entered by a court in the Namibian court system shall be entitled to full faith and credit in any court in Client's home state.
13. SEVERABILITY: In the event that any provision of this Contract is deemed invalid or unenforceable by a court of law, the parties agree that all other portions and provisions of this Contract will remain valid and enforceable.
14. ACKNOWLEDGMENT OF TERMS: The parties agree that they have read this Contact in its entirety, that they fully understand and agree to all of its terms, and that they willingly and knowing agree to be bound by the same.
THE UNDERSIGNED ACKNOWLEDGE THAT THEY HAVE READ UNDERSTAND THIS CONTRACT AND ARE KNOWINGLY AND WILLING EXECUTING THE SAME ON THE DATES SET FORTH BELOW.
_______________________________________ Date_________________________
For Hunters Namibian Safaris
_______________________________________ Date_________________________
Client