Release and Waiver
for ZEGO BOATS AUSTRALIA t/a GO CATS WHITSUNDAYS
Please read & complete the form at the bottom of this page prior to your trip.
- In this Release and Waiver:
a) Organiser means ZEGO BOATS AUSTRALIA 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) The Participant means the person signing this form who is intending to participate in the Activities.
c) Event means the hiring of a Zego Boat from the Organiser for the use by the Participant, either as an operator or passenger.
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. - 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.
- Express Acceptance of Risk
3.1 The Participant acknowledges that: –
a) the Activities are potentially Dangerous Recreational Activities and involve Obvious Risks.
b) the Participant is engaging in the Activities for enjoyment, relaxation or leisure and that the Activities involve a significant degree of risk of physical harm.
3.2 The Participant personally and voluntarily assumes all the risks for any harm, trauma, injury or damage that the Participant may suffer to the Participant’s person or property whether foreseen or unforeseen in connection with the Activities.
3.3 The Participant certifies that the Participant has been advised of the inherent risks associated with the Activities and the Participant voluntarily chooses to participate in the Activities fully accepting such risks, should they arise, may cause personal injury, death or property damage
3.4 The Participant will not engage in reckless, negligent or foolish behaviour or any other behaviour likely to cause injury to the Participant, any other participant, ZEGO BOATS AUSTRALIA or any other person whatsoever.
3.5 The Participant agrees to abide by the directions at all times while the Participant is participating in the Activities. The Participant acknowledges that the Participant’s inability or refusal to abide by the directions may result in ZEGO BOATS AUSTRALIA not allowing the Participant to participate in the Activities.
3.6 The Participant acknowledges that ZEGO BOATS AUSTRALIA may restrict the Participant’s participation in the Activities if ZEGO BOATS AUSTRALIA in its absolute and unfettered discretion, deems the Participant is acting in an unacceptable manner or if they are affected by alcohol or any other drugs; and agrees that if the Participant is injured or observes any other participant to be injured, the Participant shall immediately notify ZEGO BOATS AUSTRALIA of the incident. - Release, Discharge and Bar to Action
4.1 The Participant unconditionally releases, waives, discharges and forever holds harmless, ZEGO BOATS AUSTRALIA from All Claims for Any Loss sustained by the Participant whether caused by ZEGO BOATS AUSTRALIA negligent act or omission, of contract, breach of statutory duty, error or otherwise in connection with the Activities.
4.2 The Participant agrees that ZEGO BOATS AUSTRALIA will not be liable and waives any right to claim Any Loss whether in tort, in contract, under statute or otherwise, for any default, failure, negligence or error on the part of ZEGO BOATS AUSTRALIA.
4.3 If, despite these terms, it is found that ZEGO BOATS AUSTRALIA is liable to compensate the Participant then such liability is limited to the cost of the Activities provided to the Participant by ZEGO BOATS AUSTRALIA.
4.4 The Participant agrees that this Deed may be pleaded as a bar to any action, suit or proceedings taken at any time by the Participant against ZEGO BOATS AUSTRALIA arising out of or as a consequence of the Activities. - Parent/Guardian Undertaking
5.1 By personally executing this Deed, the Participant warrants that the Participant is at least eighteen (18) years of age.
5.2 Where this Deed is signed by the parent or guardian of a Participant who is a minor (being a person under the age of eighteen (18) years) then the parent or guardian: –
a) consents to the Participant participating in the Activities;
b) agrees to cause the Participant to comply with the Participant’s obligations under this Deed;
c) warrants that the information contained in this Deed (including the Health and Fitness Questionnaire) is true and correct; and
d) personally, covenants in the terms of this Deed and in particular the parent or guardian gives to ZEGO BOATS AUSTRALIA a release on the same terms as clause 4 from All Claims for Any Loss sustained by the Participant; - Binding on Successors
6.1 The Participant acknowledges that this Deed binds the Participant’s heirs, administrators, executors, personal representatives, dependants (if any) and successors and endures for the benefit of ZEGO BOATS AUSTRALIA and its successors and assigns. - Health and Fitness for Activities
7.1 The Participant confirms that the answers the Participant has provided below are true and correct and that ZEGO BOATS AUSTRALIA has relied on those answers in allowing the Participant to participate in the Activities.
7.2 The Participant will immediately advise ZEGO BOATS AUSTRALIA of any changes to the answers the Participant has provided in the Health and Fitness Questionnaire to this Deed as they occur from time to time. - Health Conditions
8.2 ZEGO BOATS AUSTRALIA includes but is not limited to ZEGO BOATS AUSTRALIA PTY LTD ACN 671774520, GO CATS WHITSUNDAYS and all instructors, assistant instructors, agents, employees, directors, contractors, or coxswains.
9.3 Dangerous Recreational Activities has the same meaning as Section 18 of the Civil Liability Act 2003 (Qld) and in any other relevant State and Federal Legislation from time to time.
9.4 Obvious Risks has the same meaning as Section 13 and 18 of the Civil Liability Act 2003 (Qld) and in any other relevant State and Federal Legislation from time to time.
9.5 Participant means the person described as ‘The Participant’ listed in the table at the top of this waiver and release. - Media Consent
9.1 I hereby consent to ZEGO BOATS AUSTRALIA and its Partners to take photographs, digital images and/or audio and/or video footage (the images) and to store the images, make copies of the images and publish the images in any form, in whole or in part, and distribute them in any medium including, but not limited to, print media, the Internet, other multi-media uses or graphic representation, cinematography or video.
9.2 I consent to the images being used by ZEGO BOATS AUSTRALIA or provided to others for the following purposes only: General news or promotion of the business on Social Media, TV, Radio or in Newspapers, websites and the internet.
9.3 ZEGO BOATS AUSTRALIA and its Partners undertake not to use any images in a way that would cause
embarrassment or misrepresent the intent of your participation.
No payment will be made for giving this permission and I hereby waive any claim that I or we may have or may have had for remuneration, residuals, royalties or any other payment in respect of use of the images.
9.4 I agree that ZEGO BOATS AUSTRALIA and its Partners shall not be bound to make any use of the images.