12 Nov 2015

Consumer Protection Act Update

by Jennifer Finnigan, Partner, Durban,
Practice Area(s): Corporate & Commercial |

Those who like living dangerously can be great customers.  But if you are selling thrills to adrenalin junkies, you better have the proper paperwork or you could be flying without a parachute!  The Consumer Protection Act says that if you supply unusual activities or facilities which involve risks of which the consumer couldn’t reasonably be aware or notice and which could seriously injure or kill him and you don’t want to be liable, then follow some basic rules.  Get the customer to sign a written waiver and indemnity and to agree to take the risk of his thrill seeking, in writing.  Make sure your contract looks like a contract and keep it clear and simple.  Spell out the risk and its potential consequences.  Ignore these rules at your own risk!!!