Important Supreme Court ruling against indemnity

The supreme court of appeal ruled that a tour operator cannot hide behind indemnity forms after a tourist was injured during a safari.  In this particular incident, the client lost her balance in the safari vehicle and fell against a window.  The window fell out of its frame and she fell onto the tar road,   sustaining multiple injuries.  The High Court at the time found that her     injuries were caused by the negligence of the operator and its employee and the driver of the vehicle.  The operator relied on disclaimers, but the Court found that the client was not bound by the terms of the disclaimers.  They found that the disclaimer was of such a general and unspecified     nature that it could not, on its own, absolve the operator of negligence.     So what is important regarding this case is that the operator should have a   separate binding agreement with each tour participant, signed by the guest personally, and they should understand what they signed—it should be   explained.  The judge also suggested that the obligation of the indemnity agreement should not be taken lightly, to ensure that whatever  documentation was required was properly completed in respect of each participant, and the process should be closely supervised by the driver or representative, or by at least an identifiable witness co-signing and   confirming that the signatory was indeed the person whose particulars were   inserted. Secondly the     operator will not be absolved from negligence, only      unforeseen events.  Please ensure your documents are sufficient and ensure your drivers do not allow guests to act irresponsibly.