Small World Journeys Pty Ltd.
ATF SWJ Family Trust
ABN 95 062 644 604
WAIVER, RELEASE AND INDEMNITY
In consideration of Small World Journeys Pty Ltd, ATF SWJ Family Trust, trading as Small World Journeys (referred to as “SWJ”) permitting me to participate in the activities, including transit to or from the activities or instruction in the activities (such participation, instruction and transit referred to as “Activities”), I acknowledge and agree as follows:
Risk Warning & Acknowledgement
- I acknowledge that the services provided may involve travel and activities undertaken offshore or in remote locations where medical treatment and evacuation may be delayed or unavailable.
- The Activities comprise sporting activities or similar leisure time pursuits and I am participating in the Activities for the purpose of enjoyment, leisure or recreation. I acknowledge that the Activities may be dangerous and involve a significant degree of physical exertion or physical risk. I voluntarily choose to participate in the Activities, fully accepting that the materialisation of those risks may cause personal injury, death, property damage or economic loss.
- The business of SWJ involves the coordination, packaging and supply of tourism and recreational services which may be provided by an independent contractor who is not an agent of SWJ. I have not relied on nor has SWJ given any representation or warranty (whether express or implied) about the quality of the services of the independent contractor. I solely rely on the skill, judgment, expertise and explanation and advice about risks of the Activities of the independent contractor in respect of the service provided by an independent contractor.
Waiver & Release
- Section 139A of the Competition and Consumer Act 2010 permits SWJ, as a supplier of recreational services, to ask you to agree that the statutory guarantees under the Australian Consumer Law do not apply to you (or a person for whom or on whose behalf you are acquiring the recreational services).
- To the greatest extent permitted by law (including section 139A of the Competition and Consumer Act 2010) I unconditionally release, discharge and agree not to sue SWJ in respect of all liabilities, claims and causes of action that may arise from any act, omission, default, failure or error on the part of SWJ (including any negligent act, omission, default, failure or error) occurring wholly or partially and whether before, during or after the Activities.
- To the greatest extent permitted by law (including section 139A of the Competition and Consumer Act 2010) I indemnify and will keep indemnified SWJ from any liability, claim or cause of action that may be brought against SWJ as a result of or in connection with any act, omission, default, failure or error on the part of SWJ (including any negligent act, omission, default, failure or error) occurring wholly or partially and whether before, during or after the Activities.
- To the greatest extent permitted by law (including section 139A of the Competition and Consumer Act 2010), in the event of my death, caused wholly or partially by the Activities, my estate and my personal representatives, executors or administrators indemnify and will keep indemnified SWJ from any liability, claim or cause of action that may be brought against SWJ by my personal representatives, executors, administrators, dependants or any other person entitled to claim damages in respect of my death.
- Clauses 5, 6 and 7 are limited to liability for:
- death; or
- a physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); or
- the contraction, aggravation or acceleration of a disease; or
- the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
- that is or may be harmful or disadvantageous to you or the community; or
- that may result in harm or disadvantage to you or the community.
- I have read and understood the matters set out in this document and affirm that I am over the age of 18 and legally competent to give this waiver, release and indemnity. I understand that this document is contractual in nature, has legal effect and is not merely a warning nor provided for information purposes. I have signed this document of my own free will and without any representation or inducement by SWJ, its agents or employees. I acknowledge that SWJ has relied on this document in allowing me to participate in the Activities.
- Where this document is signed for a participant under 18 years of age, then the parent/guardian signing this document covenants in terms of clauses 5 to 9, and 11, in respect of any claim, liability or cause of action that arises out of or is incidental to the child’s participation in the Activities.
- I agree that the law of the State of Queensland, Australia, will apply to my participation in the Activities and the contract concluded by my signing this document, irrespective of where I sign this document. The courts of Queensland, Australia, and courts of appeal from those courts will have jurisdiction to determine any claim or dispute arising out of my participation in the Activities and this document and I submit to that jurisdiction.
- I give to SWJ and its directors, officers, proprietors, employees, representatives or agents the irrevocable right and permission to take photographs of me and/or my child for use in any publication such as advertising, direct mail, brochures, newsletters and magazines advertising SWJ’s business and to use those photographs in electronic versions whether on the world wide web or in other electronic forms of media.
- I waive any right to inspect or approve proofs or finished photographs or printed or electronic material displaying images of me and/or my child and indemnify and agree to keep indemnified SWJ, its directors, officers, employees, representatives and agents against any liability, claim or cause of action that may be brought against SWJ by me in respect of such publication.