Kayak Tours Liability Release & Assumption of Risk Agreement

To be completed prior to undertaking booked kayak hire or tour.

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Name*

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Booking Reference

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I acknowledge and agree to the terms outlined in this Liability Release and Assumption of Risk Agreement in connection with the kayak rental/tour provided by “Pedro’s Hire”. I further acknowledge I was made aware of the requirement to sign this Liability Release and Assumption of Risk Agreement form prior to committing to the activity.

1. Assumption of Risk: I am aware that kayaking in coastal waters involves inherent risks including but not limited to the risk of injury or death due to capsizing, collisions, weather conditions, tides, currents, and other factors beyond the control of the Pedro’s Hire. I acknowledge that I have chosen to engage in kayaking activities voluntarily and with full awareness of these risks, no matter how remote they are.

2. Personal Responsibility: All participants are required to listen carefully, follow safety instructions and respect the advice of those supervising my kayaking activities. I understand the importance of wearing a personal flotation device (PFD) at all times while on the water. Also the importance of wearing a stinger suit (provided) during stinger season.

3. Release of Liability: In consideration of being a Kayak tour participant or allowed to rent and use a kayak, I hereby release and discharge Pedro’s Hire, its owners, employees, agents, and affiliates from any and all claims, demands, causes of action, lawsuits, liabilities, and expenses (including lawyer fees) arising out of or related to any injury, loss, damage, or harm that may occur during my participation in kayaking activities.

4. Indemnification: I agree to indemnify and hold harmless Pedro’s Hire, its owners, employees, agents, and affiliates from any claims brought by third parties arising out kayak hire or tours, including but not limited to claims for bodily injury, property damage, or other losses.

5. Medical Authorisation: I authorise Pedro’s Hire to seek medical treatment on my behalf in the event of an emergency, and I agree if this is a consequence of my own fault or carelessness I will to be responsible for all associated medical expenses.

6. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Queensland State Government.

7. Pre-Activity Medical Disclosure: If you have any pre-existing medical conditions that may contribute to the likelihood of an incident they must be disclosed prior to commencement of activity.

8. I understand that nothing in this contract limits or excludes provisions made in the Trade Practices Act (Cwth) 1974 and that despite my signing of this contract I will still have the benefit of consumer protection and certain rights implied under the said Act which cannot be waived. I further understand that the operator conducting the activity cannot escape liability for acts of gross negligence and that my signing of this contract has not affected my rights to sue.

9. I acknowledge that this document may be relied upon in any proceedings instituted in any court for me or my heirs, executors and assigns.

Signature*

Date*

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