Reservations & Enquiries
Tel: +61 467 949215 Email: bookings@finnissriverlodge.com.au
www.finnissriverlodge.com.au Dear Guest, RE: YOUR FORTHCOMING VISIT TO FINNISS RIVER LODGE We look forward to meeting you and sincerely hope you will enjoy your time at Finniss River Lodge. As you will be aware certain activities you may wish to undertake or become involved in whilst at Finniss River Lodge and surrounds are, by their very nature, hazardous. We take every precaution to ensure visitors to the Lodge and their property are safe, however it is not possible to protect people and their property from every eventuality. We acknowledge that on account of the activities undertaken at and around the Lodge, there is a risk of personal injury or death, and loss of or damage to property. We at Finniss River Lodge take great pride in our safety record and in the strategies and structures that are in place to minimize the risk of injury, death or loss. Finniss River Lodge has appropriate insurance with respect to injury, death and property damage or loss for our visitors, however for our own protection, we must ask all those visiting the Lodge and surrounds to sign a form of acknowledgment and indemnity. This document has been prepared by our solicitors and is provided here for your perusal and consideration. Our solicitors have gone to great efforts to keep the form as short and straightforward as possible. If you have any difficulty in understanding the document or its implications for you, or for any member of your party or family visiting Finniss River Lodge, then we suggest you obtain your own legal advice. It is a condition of your visit to Finniss River Lodge that this indemnity document is signed by all intending guests, and it must be signed and returned to us prior to or immediately upon arrival. You will note that minors must be signed for by a responsible adult, acknowledging the points set forth in the document. We thank you for your co-operation and understanding. Yours sincerely
Top End Lodges P/L trading as Finniss River Lodge
Directors
To The Directors of Top End Lodges Pty Ltd trading as Finniss River Lodge ACN 648 222 119 (‘The Company’)
Date December 30, 2024 1 I, of TBD provide the following acknowledgements, agreements and indemnities in consideration of the Company allowing me access to the property known as Finniss River Lodge (‘the Lodge’) and on behalf of myself, my heirs and assigns. 2 I acknowledge and agree that I am visiting and participating in activities at and around the Lodge at my own risk. 3 I am accompanying the following minor/s on a visit to the Lodge TBD
4 I acknowledge and agree that I am responsible for the care, supervision and safety of the Minor/s at all times while at and around the Lodge. 5 I acknowledge that some of the activities that I and/or the Minor/s may undertake or become involved in at and around the Lodge are by their nature hazardous. 6 I acknowledge and agree that, except to the extent provided in any legislation implying non-excludable conditions and/or warranties into the contract between me and the Company, neither the Company nor any of its directors, officers, employees, agents or subcontractors shall be liable to me or to the Minor/s in respect of any loss or damage of any kind arising out of or in any way connected with my visit to the Lodge or any of the activities conducted at and around the Lodge, whether as a result of the negligence of any person or otherwise including, without limiting the generality of the forgoing, any liability for or in respect of the death of or personal injury to me or the Minor/s or any other person or any damage to property belonging to me or to the Minor/s or to any other person. 7 I acknowledge and agree that the Company’s liability for breach of any warranty or condition implied by statute into the contract between me and the Company shall be limited: a. in the case of any services supplied by the Company, to the supplying of the services again or payment of the cost of having the services supplied again (at the option of the Company) and b. in the case of any goods, the replacement of the goods, the supply of equivalent goods, or payment of the cost of replacing or acquiring equivalent goods (at the option of the Company). 8 I agree to release and indemnify and to keep indemnified the Company and its directors, officers, employees, agents and subcontractors from all liabilities arising out of or in any way connected with my visit to the Lodge and/or my participation in any of the activities at and around the Lodge, and/or the visit to the Lodge by the Minor/s and/or the participation by the Minor/s in any of the activities at and around the Lodge, (with the exception of any liability for any breach by the Company of an non-excludable condition and/or warranty implied by statute) including, without limiting the generality of the forgoing, any liability for or in respect of the death of or personal injury to me or the Minor/s or any other person or any damage to property belonging to me or to the Minor/s or to any other person. Date: December 30, 2024
|