TYPE OF DAMAGE
FEE TO BE CHARGED
Amount in $ AUD
/ Broken strips
seat / Broken / Lost
strips or hooks
blade / Broken ferrule / Lost
zipper / Lost
fabric / Broken clip
ripped or lost
SEAWAY ENTERPRISES PTY LTD / ABN 54613908302
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AND PARENTAL CONSENT AGREEMENT
In consideration of being permitted to participate in any way in Seaway Enterprises PTY Ltd Tours Activities, I, for myself, my personal representatives, assigns, heirs and next of kin:
1. Acknowledge, agree and represent that I understand the nature of the Activities and I am capable and of legal capacity, in good health, and proper physical condition to participate in the Activities. I understand that it is not the function of the Seaway Enterprises PTY Ltd personnel to serve as guardians of my safety. I recognize that there may be specific demands of fitness and routes taken within the Activities that may be challenging, not necessarily the safest or easiest routes and those Activities are varying in type, nature, risk and may be more challenging.
2. I further acknowledge that the Activities will be conducted on the open water and in areas and facilities that are open to the public and upon which hazards I agree and warrant that if, at any time, I believe these conditions to be unsafe, I will immediately discontinue further participation in the Activities.
3. I understand that there are inherent dangers and risks associated with the Activities and I should not undertake the Activities unless I am physically able to do so. I participate in the Activities at my sole discretion and judgment and do so at my own risk and I agree to observe any rules and practices that may be employed to minimize the risk of injury.
4. I fully understand that:
4.1. The Activities could involve risks and dangers of serious bodily harm including but not limited to bodily injury, sprains, fractures, dislocations, muscle cramps, dehydration, sunburn, allergic reactions from animal bites, cardiac events, permanent disability, paralysis, and death (“risks”).
4.2. The Activities include participation in physical activities including but not limited to various aerobic exercises such as kayaking, snorkelling, water biking, bushwalking, swimming, fishing in addition to exposure to the outdoors for long periods of time. I hereby acknowledge that the physical Activities may be strenuous and may involve inherent risks of physical injury.
4.3. These risks and dangers may be caused by my own actions, or inactions, the actions or inactions of others participating in the Activities, the condition in which the Activities take place, the negligence of the Releasees named below, the actions of third parties not taking part in the Activities.
4.4. There may be other risks and social economic losses either not known to me or not readily foreseeable at this time and I fully accept and assume all such risks and all responsibility for losses caused, costs and damages I incur as a result of my participation in the activities.
4.5. I understand that I am responsible for my own conduct and decisions while participating in the Activities and further agree that this waiver shall apply to any claim arising out of my participation in activities whilst a participant in the Activities.
5. I hereby release, discharge and covenant not to sue Seaway Enterprises PTY Ltd, it’s respective administrators, directors, agents, officers, members, volunteers, employees, other participants, sponsors, coaches, advertisers, owners and lessees of the premises on which the Activities take place (each considered one of the Releasees, herein) from all liability, claims, demands, losses or damages on my account caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operations, and I further agree that if despite this, release and the waiver of liability, assumption of risk and indemnity agreement I, or anyone on my behalf makes a claim against any of the Releasees I will indemnify, save, and hold harmless each of the Releasees from any litigation expenses, legal fees, loss, liability, damage, or costs which any may incur as a result of such claim.
6. Further, I hereby release and indemnify the Releasees from any and all loss, damage, claims, actions suits or demands that may arise out of or by consequence of my actions, caused or alleged to be caused, that any third party may have against the Releasees and I will indemnify, save, and hold harmless each of the Releasees from any litigation expenses, legal fees, loss, liability, damage, or costs which any may incur as a result of such claim.
7. I hereby give permission to the Seaway Enterprises PTY Ltd, its agents and employees to make use of my photographs and images of persons for advertising and promotion purposes. I expressly agree to and grant to Seaway Kayaking Tours the unlimited right and authority to use such photographs, which includes but is not limited to the use of the images on Seaway Enterprises Pty Ltd internet sites. Such pictures can be used without further notice to me.
8. I have read this agreement, fully understand its terms, and understand that I have given up substantial rights by signing it. I have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and I agree that if any portion of the agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect.
ACTIVITIES: Kayaking, Water Biking, kayak hire, Water Bike hire, Snorkeling, Swimming, Walking, Sailing, Eating, Drinking, Fishing, Sport activities, beach activities, Stand Up Paddleboard hiring, Stand Up Paddle Board lessons.
And I, the minor’s parent and/or legal guardian understand the nature of the activities and the minor’s experience and capability and believe the minor to be qualified, in good health, and in proper physical condition to participate in such activity. I hereby release, discharge, covenant not to sue, and agree to indemnify and save and hold harmless each of the Releasees from all liability, claims, demands, losses, or damages on the minor’s account caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operations and further agree that if, despite this release, I, the minor, or anyone on the minor’s behalf makes a claim against any of the Releasees named above, I will indemnify, save and hold harmless each of the Releasees from any litigation expenses, legal fees, loss, liability, damage, or costs any may incur as a result of any such claim.
Thank you %NAME% for taking the time to complete this form.
We have received your waiver and on behalf of Seaway Kayaking Tours, we hope you enjoy your tour today.
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