PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS
“Activity” means using the aqua park and using its facilities, equipment or area for any purpose, or any occurrence on the wider AQUA ISLAND Aqua Park premises.
“AQUA ISLAND Premises” means the premises located on the corner of Aqua Vista and Marina Drive Moama 2731 where the Released Parties operates the Aqua Park.
“Participant” means the person who is using or entering the AQUA ISLAND Aqua Park Premises.
“Released Parties” mean AQUA ISLAND Pty Ltd (ABN 58 611 268 583) or any of its respective successors in interest, associated companies or entities, insurance providers, agents, employees, contractors, representatives, assignees, officers, directors, members, or shareholders.
“Waiver” means this Waiver document
“You” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18 or any spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on the Participant’s behalf.
- Risks of Activity Disclosure You agree and understand that taking part in the Activity, despite being fun, can be HAZARDOUS AND INVOLVES THE REAL RISK OF SERIOUS PHYSICAL INJURY AND/OR DEATH. You acknowledge that the Activity is inherently dangerous and fully realise the dangers of participating in the Activity and the impact of the types of potential injuries that could result. The risks and dangers of the activity include, but are not limited to: drowning; entanglement; impacts; collisions with other participants obstacles, devices, watercraft and other manmade and natural objects; weather conditions; exposure to elements; slips and falls; equipment failure and/or defects; wildlife; operator error; acts omissions or negligence of the Released Parties; consumption of any fluid or substance whether provided by the Released Parties or others; provision of first aid, medical treatment or other assistance or services by the Released Parties or others; mental distress from exposure to any of the above; and negligence of others. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE OR EXHAUSTIVE AND THAT PARTICIPATING IN THE ACTIVITY IS DANGEROUS AND INCLUDES OTHER RISKS. This notice is given as a risk warning pursuant to section 5I of the Civil Liability Act 2002. Having given this risk warning, the Released Parties will not be held liable for any liability, personal injury or death, however it may occur as set out below.
- Release, Indemnification, and Waiver. In consideration of the Participant being permitted to participate in the Activity, You agree as follows:
(a) Release. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which You or the Participant, have or which could be asserted on behalf of You or the Participant in connection with the Participant’s participation in the Activity, including, but not limited to claims of negligence, breach of warranty, and/or breach of contract.
(b) Indemnification. You hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liability, cost, expense or damage of any kind or nature whatsoever and from any suits, claims or demands, including legal fees on a lawyer client basis and expenses whether or not in litigation, arising out of, or in any way related to, Your or the Participant’s participation in the Activity or presence on the AQUA ISLAND premises. Such obligation on the part of You shall survive the period of the Participant’s participation in the Activity.
(c) Equipment. You understand and agree that it is Your responsibility to inspect the facilities, equipment, and areas to be used, and if You believe or become aware that any are unsafe or pose unreasonable risks, You agree to immediately notify appropriate AQUA ISLAND Staff. By participating in the Activity, You are acknowledging that You have found the premises, lake, facilities, equipment, and areas to be used or entered to be safe and acceptable for participation. You accept full and sole responsibility for the condition and adequacy of Your equipment as well as any equipment hired or provided by AQUA ISLAND.
(d) Insurance and Physical Condition. You agree and understand that no medical or accident insurance will be provided to you by the Released Parties or any third party during Your participation in the Activity or while on the AQUA ISLAND premises. You certify that you have sufficient health, accident, and personal liability insurance to cover any injury to You or another person or damage to any property that You may incur during the Activity. You acknowledge that the Activity requires significant physical exertion and that you are in good physical and mental health and not suffering from any condition or disease or disablement that could in any way affect your participation in the Activity.
(e) Waiver. You agree and understand that there are dangers and risks associated with the participation in the Activity and the use of any part of the AQUA ISLAND premises and that INJURIES AND/OR DEATH may result from participating in the Activity or using any part of the AQUA ISLAND premises, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. By signing this document or participating in the Activity, You recognise and accept that property loss, injury and death are all possible while or at any time following participation in the Activity. RECOGNISING THE RISKS AND DANGERS, YOU UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICIPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.
- Minor Acknowledgment. In the case of a minor Participant, You as a parent or legal guardian acknowledge that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. You as a parent or legal guardian agree that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults represent that they are a legal parent or guardian of the minor Participant.
- Medical Care. You authorise the Released Parties and/or their authorised personnel to call for or administer medical care for Participant or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. You agree to immediately pay all costs associated with such medical care and related transportation.
- Images, Videos and Recordings. You irrevocably authorise the Released Parties to capture and record any image, video or sound of You whilst on the premises and to use such image, video or sound in any way they may choose at their sole discretion.
- Miscellaneous. You further agree and understand: (a) the Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of NSW Australia and any dispute or claim shall be subject to this jurisdiction; (c) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) You understand and acknowledge that this Agreement is a contract intended to be as broad and inclusive as NSW Australian law will allow and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is Your intent that this agreement shall be binding upon Your assignees, heirs, next of kin, executors and personal representatives.
I AGREE TO LISTEN TO THE AQUA ISLAND SAFETY BRIEFING PRIOR TO ENTERING THE AQUA PARK AND I HAVE CAREFULLY READ THE ABOVE WAIVER, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.
AQUA ISLAND RULES AND REGULATIONS
All persons who visit AQUA ISLAND must, in addition to abiding by our rules, use common sense at our facility, in encountering the features we have provided for your enjoyment.
If a visitor or rider has any questions, they should see a member of AQUA ISLAND staff immediately. Below are the park rules and regulations. These are to ensure everyone enjoys the park in a safe and responsible manner. By entering on to the AQUA ISLAND Premises You are deemed to have accepted our rules and regulations, Terms and Conditions available on our website, and this Waiver.
Participants cannot participate in Activities unless they have signed a Waiver to be held on file by AQUA ISLAND. If a participant is under 18, their legal parent or guardian must accept and sign the document. Participants will sign in digital form and agree that the signature will be binding upon them.
- Participants must listen to the AQUA ISLAND Safety briefing prior to participating.
- Participants must only use the equipment with the mandatory buoyancy vest. There are no exceptions.
- Participants must participate in a safe manner and avoid collisions with others and obstacles at all costs.
- Participants must obey all instructions from AQUA ISLAND staff at all times in particular safety instructions.
- Fighting or any aggressive behaviour will not be tolerated at AQUA ISLAND and will lead to ejection from the park.
- Participants suspected of consuming alcohol or under the influence of illegal drugs will not be allowed to participate
- AQUA ISLAND reserves the right to terminate any ticket and eject anyone at any time for any reason without any refund
- Participants causing damage to AQUA ISLAND or third party equipment of facilities will be liable for such damage and all costs of recovering such amount.
- Sessions start immediately on the hour, and participants may lose session time or be re-booked into another session - if they arrive without enough time for the check in process (participants should arrive 30 minutes prior to booked time)
- There are no refunds offered for change of mind or being late to a session (re-bookings may occur at AQUA ISLAND discretion)
- AQUA ISLAND is not responsible for lost or stolen items
I UNDERSTAND AND ACKNOWLEDGE THAT AQUA ISLAND MAY MODIFY THESE RULES AT ANY TIME AT ITS SOLE DISCRETION.