ASSUMPTION OF RISK AND WAIVER FORM
for
SAILING DAYS PTY LTD
Trading as “Sailing Days”, and Daniel Leser, as Ride-Yacht Owner -Operator
ASSUMPTION OF RISK FORM,
TERMS AND CONDITIONS FOR PARTICIPATION IN THE CHARTERING OF
“SAILING DAYS”, AND ITS YACHT ‘CARPE DIEM’
* This Assumption of Risk Form forms part of the Ride Operator’s Terms and Conditions for participation in the yacht outing/charter.
* If you do not agree to sign this Assumption of Risk Form, you cannot participate in the outing and if payment has already been made, the party that made the payment will be provided with a refund.
The ‘ride’ includes the boarding of the yacht, the entire period of time, that the CUSTOMER is on the yacht, and the CUSTOMER disembarking from the yacht, “Carpe Diem”.
The CUSTOMER acknowledges and agrees that YACHTING /MOTOR-SAILING and boating generally, is an inherently dangerous recreational activity, and that participation in the ride carries with it inherent risk, including the risk of personal injury or death.
The CUSTOMER has considered the CUSTOMER(S) own health and ability to participate in the ride and agrees to disclose any pre-existing medical or other condition (including pregnancy) that may cause the CUSTOMER or any other person to suffer injury, or aggravate a pre-existing medical condition, during the ride.
The CUSTOMER acknowledges and agrees that the CAPTAIN of the yacht, Daniel Leser, may, in his absolute discretion, restrict the CUSTOMER from access to the ride if the CAPTAIN considers the safety of the CUSTOMER or any other person is at risk.
The CUSTOMER understands and acknowledges the dangers associated with the consumption of alcohol, drugs, medication or any mind-altering substance before or during an outing, and the CUSTOMER accepts full responsibility and liability for personal injury, death or loss, either they or another person, including the RIDE OPERATOR, suffers or incurs, which is in any way connected with the ride and the CUSTOMER’S consumption of alcohol, drugs, medication or any other mind altering substance either before or during the ride.
The CUSTOMER agrees to obey and comply with all rules and directions made or given by the CAPTAIN of the vessel in connection with the ride. If a CUSTOMER fails to comply with the CAPTAIN’S rules and/or directions, the CUSTOMER will not be permitted to ride or to continue to ride, and no refund will be given.
The CUSTOMER accepts all risks associated with the ride including the possibility of personal injury, death or loss.
The CUSTOMER acknowledges and agrees that, to the extent permitted by law, the RIDE OPERATOR and the CAPTAIN shall not be liable for any personal injury, death or loss, suffered or incurred by the CUSTOMER, or by any other person, arising from or in connection with the CUSTOMER’S participation in the ride-outing, regardless of whether such personal injury, death or loss was caused directly or indirectly by any act or omission of the RIDE OPERATOR and/or the CAPTAIN, including the negligence of the RIDE OPERATOR and/or the CAPTAIN of the vessel. In this context, the CUSTOMER unconditionally releases, indemnifies and holds harmless the RIDE OPERATOR and the CAPTAIN from any, and all claims and liabilities, for any personal injury, death or loss, arising from or in connection with the CUSTOMER’S participation in the ride.
This clause, and the indemnities of this Contract, do not apply if the injury, death or loss is caused by the reckless conduct of the CAPTAIN.
The CUSTOMER agrees to indemnify and hold harmless the RIDE OPERATOR and the CAPTAIN against any, and all claims made by any other person against the RIDE OPERATOR and/or the CAPTAIN in respect of any personal injury, death or loss, arising out of or in connection with the CUSTOMER’S failure to comply with this Contract or the RIDE OPERATOR’S rules and/or directions, including the CAPTAIN’S rules and/or directions.
If the CUSTOMER suffers any injury or illness during the ride, the CUSTOMER agrees that the RIDE OPERATOR may provide evacuation, first-aid and medical treatment.
The CUSTOMER’S acceptance of these terms and conditions constitutes the CUSTOMER’S consent to such evacuation, first-aid and/or medical treatment being provided.
All accidents, personal injuries, loss of valuables or damage must be reported by the CUSTOMER to the RIDE OPERATOR before the CUSTOMER leaves the ride.
The CUSTOMER acknowledges that it has read and accepts the RIDE OPERATOR’S Terms and Conditions.