Release and Waiver
Release and Waiver – Odyssey Jet Ski Tours Pty Ltd
1. In this Release and Waiver:
(a) ‘Organiser’ means Odyssey Jet Ski Tours Pty Ltd and its employees, guides, agents, volunteers and contractors and all other parties in any way involved in the organisation and conduct of the Activities.
(b) ‘Participant’ means the person signing this form including their heirs, next of kin, representatives, successors, executors, administrators, agents and assigns.
(c) ‘Event’ means the hiring of a jet ski from the Organiser for the use by the Participant, either as an operator or passenger at the Gold Coast, Queensland.
(d) ‘Activities’ means the Event and includes all matters incidental to the Event such as transport to and from the Event, all matters preparatory to participating in the Event, including the giving of instructions and training about the conduct of and risks associated with the Event and the use of any equipment while participating in the Event and all matters associated with the performance of and participation in the Event, the provision of medical assistance or treatment associated with the Activities.
2. Where this Release and Waiver is signed by a parent, guardian or supervisor of the Participant, the parent, guardian or supervisor consents to the minor’s participation in the Activities and provides the acknowledgements, release and waiver in his or her own right and on the Participant’s behalf.
ASSUMPTION OF RISK
3. I acknowledge that:
(a) Taking part in the Activities is subject to risks including death, personal injury and illness due to overexertion or strenuous activity, changing weather conditions and dangerous environments, and that there may be limited access to medical support and rescue services.
(b) My participation in the Activities, is solely at my discretion and I have undertaken the Activities freely, voluntarily and absolutely at my own risk and with a full appreciation of the nature and extent of all risks involved in the Activities.
(c) The Activities have inherent dangers and risks, including the real risk of injury or death.
4. I will not attempt any reckless or dangerous manoeuvres including, for example, 180’s, 360’s or jumps.
5. If I am operating the jet ski during the Event, I must maintain a proper lookout, keep safe distances from other vessels, objects and persons, and ensure that I comply with the rules for preventing collisions at sea.
Please feel free to stop at any time for any reason. Please stop and inform a guide if you are lacking confidence in operating the Jet Ski, or if there seems to be a situation that compromises your own or anybody else’s safety.
RELEASE
6. The Participant agrees to waive any and all claims that he or she may have now or may have in the future against the Organiser and releases the Organiser from any and all liability for any loss, damage or expense associated with injury, including death, that he or she may suffer or sustain as a result of participation in the Activities, due to any cause whatsoever, including negligence, breach of contract or breach of any statutory or other duty, on the part of the Organiser including the failure on the part of the Organiser to instruct, warn, safeguard or protect the Participant from any and all risks associated with the Activities.
7. Nothing in this document prevents the Organiser from relying on any laws (including statutes and common law) that limit or preclude their liability.
8. Nothing in this document excludes any term or guarantee which, under statute, cannot be excluded however the liability of the Organiser is limited to the minimum liability allowable by law. In particular, I understand that I may have rights under consumer guarantees set out in the Australian Consumer Law (Cth) or the applicable consumer legislation of the relevant State, as noted below.
9. This Release and Waiver, and any rights, duties and obligations between me and the Organiser shall be governed by and interpreted solely in accordance with the laws of Queensland, Australia.
10. I understand that I am liable for any damages to The Organiser or The Organiser’s property as a result of negligence, breach of contract or breach of any statutory or other duty that I agree to as part of agreeing to this Release and Waiver.
11. I understand that if I do not agree with any of the Terms and Conditions, or Terms and Conditions listed on the Terms and Conditions page, I can choose to exit the agreement now and any moneys paid will be refunded in full.
HEALTH INFORMATION – EXISTING MEDICAL CONDITIONS
12. I am medically (including physically and mentally) able to participate in the Activities and further warrant that I am not aware of any medical or physical condition which might be aggravated by participating in the Activities.