THIS LEGAL WAIVER NEEDS TO BE SIGNED BY EACH PARTICIPANT PRIOR TO EMBARKING ON ANY TOUR
THIS IS AN IMPORTANT DOCUMENT AND YOU SHOULD READ IT CAREFULLY BEFORE SIGNING IT. UPON SIGNING THIS FORM AND DECLARATION, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS.
· I will follow all instructions provided to me by SACRED VOYAGE TOURS or their contractors, affiliates employees or agents.
· I have been made aware of the safety information contained on the SACRED VOYAGE TOURS website at www,sacredvoyagetours.com.au/covid before participating in any tour.
· Children under the age of eighteen (18) years old are to be accompanied by a parent or guardian. Parents / Guardians are responsible for their children and should not leave them unattended.
· Should you choose not to comply with the said representative or are not compatible with the general enjoyment and well-being of members of the tour, the Providers reserves the right to refuse to allow you to continue with the tour.
· In such case that you are removed from the tour SACRED VOYAGE TOURS will not be liable to provide you with any refund, compensation or any additional costs incurred by you.
· SACRED VOYAGE TOURS cannot accept liability for the behaviour of others on your tour nor if any facilities are shortened as a result of their actions.
I confirm I am aware that this document is a legal document and I have signed of my own free will knowing I have relinquished important legal rights. I will read and follow all instructions provided to me before and during the tour and acknowledge that SACRED VOYAGE TOURS may revoke my right participate without refund for unsafe conduct or failure to obey instructions provided.
SACRED VOYAGE TOURS INDEMNITY & RELEASE FORM WAIVER OF LIABILITY AND ASSUMPTION OF RISK FOR PARTICIPANTS
(a) Claim means and includes any action, proceeding, claim, demand, damage, penalty, cost or expense however, arising from or in connection with any Activity.
(b) Activity/Activities includes all activities, events or services, provided, arranged, organised, conducted, sponsored or authorised by the Providers and shall include, but is not limited to: interactions with wild animals, white-water, still water, rivers, creeks, inlets, and ocean canoeing, kayaking, paddle boarding, fishing activities; rental of canoes, stand up paddle boarding, kayaks and paddle boarding and other equipment and instructional courses, seminars and sessions; and all travel and transport.
(c) The Participant – tour guest
(d) The Providers means, jointly and severally, in addition to Sacred Voyage Tours, its employees, contractors, affiliates and agents.
Terms and Conditions
The following terms and conditions must be read carefully.
In consideration of the Providers agreeing to my participation in the Activities and permitting my use of their services, equipment and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I the undersigned understand the nature, terms and effect of this document, I agree as follows:
1. Prior to embarking on any Activity, the Activity and what it involves have been thoroughly explained to me. I have consented to participate in the Activity provided to me by the Providers, which may include, but may not be limited to the Activities.
2. Prior to undertaking any Activities, the Providers will instruct me as to the safe use and operation of any equipment required in participating in any Activity. I will follow all instructions of the Providers for the safe use and operation of any equipment being used in any Activity.
3. Prior to undertaking any Activities, the Providers will provide me with instructions as the appropriate conduct to safely engaged in the Activities. I warrant I will follow all instructions of the Providers regarding appropriate conduct.
4. I release and indemnify the Providers to the full extent permitted by law from all claims, demands, damages, rights of action or causes of action, present or future, which the Providers may become liable for arising from any loss, damage, death or injury sustained and caused or contributed to by my participation in the Activities. This waiver and release of liability includes, without limitation, injuries which may occur are a result of: -
a. Equipment belonging to the Providers or myself that may malfunction or break;
b. Any slip or fall; or
c. Negligent instruction or supervision.
5. I am aware that the Activities may involve many risks, dangers and hazards with the Activities including, but not limited to: accidents which occur during transportation or travel and from the put in; slips and falls while getting into or out of boats; overturning of the boats; loss of balance; impact, collision with or entrapment by trees, logs, boats or equipment, changing and inclement weather conditions including storms, high wind, high waves, and lightning; encounters with domestic or wild animals; negligence on the part of other participants and negligence on the part of the Providers, including the failure on the part of the Providers to safeguard or protect me from the risks, dangers and hazards of participating in the Activities. I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property damage or loss resulting therefrom.
6. I understand, warrant, agree and accept that the stand-up paddle board equipment or kayaking equipment has been adjusted and set based on the information provided by me.
7. I further understand, warrant, agree and accept that in using the stand-up paddle board equipment or kayaking equipment the Providers cannot and will not guarantee or indemnify my safety or the safety of any third (3rd) party.
8. All Activities carry the risk of injury and damage to persons or property and I understand that risk is reduced but not eliminated by, the use of a personal flotation device.
9. I have been informed of, understand, and am aware that any Activity, whether requiring the use of equipment, is a potentially hazardous activity. I also have been informed of, understand, and am aware that any Activity involves risk of injury and sometimes death and that I am voluntarily participating in these Activities and using equipment with full knowledge, understanding and appreciation of the dangers involved and that I acknowledge and agree that I assume the risks associated with Activities in which I participate. I indemnify and keep indemnified the Providers from all actions, suits, claims for damage and demands for personal injury, possessions, loss or damage sustained by me or any person named in these terms and conditions or any third (3rd) party from using the equipment
10. I acknowledge that I have been advised to wear a personal flotation device. I am familiar with the proper and safe use of a personal flotation device. I am aware that there are technicians available to answer any questions that I may have as to the proper use of a personal flotation device.
11. I have been informed about Marine Stingers and I acknowledge that I have been advised to wear a suit which reduces the risk of stings which is available for hire to me.
12. I acknowledge that sharks and estuarine crocodiles are a part of the Whitsunday marine ecology and understand that whilst the risk of an encounter or attack is minimal, it can occur.
13. I acknowledge that I have sole responsibility for my personal possessions and any equipment assigned to me during the tour.
14. I confirm I am not under the influence of alcohol or drugs. I warrant that I will not consume any illegal drugs whilst participating on the tour. I understand and acknowledge the dangers associated with the consumption of alcohol or any mind-altering substance before or during any Activity. I accept full responsibility for injury, loss or damage arising from consumption of alcohol or any mind-altering substance.
15. I consent to receive medical treatment which may be deemed advisable in the event of any injury, accident, illness and/or medical emergency during my taking part in any one or more the Activities comprising the services. If I suffer any injury or illness, I agree that the Providers may provide evacuation, first aid and/or medical treatment at my expense and my acceptance of these terms and conditions constitutes my consent to such evacuation, first aid and/or medical treatment.
16. I warrant that I am over eighteen (18) years old; OR I am under eighteen (18) years old and my guardian consents to the foregoing terms for and behalf of me.
17. I warrant that I am: -
a. In a medically and physically fit condition and are able to undertake and participate in the Activities;
b. Am not a danger to myself or to the health and safety of others;
c. Have not at any time suffered any blackout, seizure, convulsion, fainting or dizzy spells; and
d. Are not presently receiving treatment for any condition, illness, disorder or injury which would render it unsafe for you to take part in any Activity; and
e. That my weight is not more than 117 kilograms (fully clothed).
18. I warrant that the information provided by me is true and correct.
19. For myself, my executors, administrators, heirs, next-of-kin, successors and assigns, I hereby:
a. Waive and release all claims I may have against the Providers or any one or more of their executors, administrators, heirs, next-of-kin, successors and assigns including any or all claims for injury, loss or damages caused by negligence of any of the above arising out of my participation in the tour, together with any costs including legal fees that may be incurred as a result of such claim whether valid or not; and
b. Indemnify and hold harmless the releases and each of them against any such claim that I or any one or more of my executors, administrators, heirs, next-of-kin, successors and assigns may have or assert and against any costs including legal fees with respect thereof;
c. Acknowledge that if I were to assert a claim such claim would be subject to the exclusive jurisdiction of the laws of Queensland.
20. I acknowledge that I have read this assumption of risk. I fully understand its terms and that I have given up substantial rights by agreeing to it. I accept this document freely and voluntarily without any inducement made to me and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
21. I acknowledge that I have thoroughly read this form in its entirety and fully understand that it is a release of liability. By signing this document, I am waiving any right I or my successors might have to bring a legal action or assert a claim against the Providers.