Loading...

Top End Safari Camp Waiver

Between

Top End Safari Camp Pty Ltd (ABN 32 634 292 738) and its servants and agents (collectively “TESC”), and

Participants (as specified in the Schedule)

Background

A. Participants must not engage in the activities provided by TESC and its Affiliates without reading, acknowledging and accepting this waiver.

1. Operative Provisions

1. TESC is a supplier of recreational activities and services in trade and commerce as defined in Section 139A of Schedule 2 of the Competition and Consumer Act 2010 (Cth) hereinafter referred to as the Australian Consumer Law and Part 5, Section 8(3) of the Consumer Affairs and Fair-Trading Act 1990 (NT).

2. The recreational activities to which this Waiver applies include but are not limited to accommodation at campgrounds, in the outback of Northern Territory, in guesthouses, houseboats, camps, retreats, and lodgings, airboat and jet boat tours, scenic helicopter tours, helicopter transport, crocodile encounters and experiences, wildlife interaction and coach transportation and tours (“Recreational Activities”).

3. The Recreational Activities provided by TESC include possible inherent risks including personal injury, bodily injury, mental injury or nervous shock.

4. In this Waiver references to Personal Injury is a reference to:

(a) A physical or mental injury of an individual (including the aggravation, acceleration or recurrence of such an injury of the individual); or the contraction, aggravation or acceleration of a disease of an individual; or death; 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 in relation to an individual:

(i)       that is or may be harmful or disadvantageous to the individual or community; or

(ii)      that may result in harm or disadvantage to the individual or community.

5. A reference to Affiliates means TESC’s directors, employees, instructors, agents, suppliers, contractors, and owners and/or occupiers of any type of property (including real property) utilised by TESC.

6. The purpose of this Waiver is to limit the liability of TESC and its Affiliates for Personal Injury suffered by Participants arising from or in any way connected to the Recreational Activities.

7. By executing this Waiver, the Participant acknowledges that they have read, understand and accept the terms and conditions contained in this Waiver.

2. Risk Warning

1. Your participation in the Recreational Activities being regulated and/or administrated by the Supplier involves obvious, inherent risks of physical harm and Personal Injury.

2. Some of the risks of Recreational Activities include (but are not limited to):

(a)      loss of control of an aircraft, vessel or motor vehicle and equipment;

(b)      vessels capsizing;

(c)      heat stroke;

(d)      falling from or in an aircraft or out of vessel

(e)      failure of an aircraft or equipment;

(f)       becoming stranded in remote locations;

(g)      collision with surroundings, the ground, submerged objects, other vessels, vehicles and aircraft;

(h)      personal misjudgement by TESC in the provision of service;

(i)       hazardous, unpredictable, changeable and adverse weather conditions;

(j)       actions of crocodiles during encounters;

(k)      actions of wild animals.

3. Camping in, or providing access to locations where there are crocodiles, snakes, spiders, insects and wildlife gives rise to a physical risk including Personal Injury. In the Northern Territory when you swim in waterholes, rivers or the ocean you may encounter crocodiles and sea life including sharks and jellyfish. Insects and wildlife can carry diseases which are dangerous to humans and can be passed on to humans. Snakes and spiders may be venomous. Wild animals are unpredictable. Sounds and smells may scare them, causing them to bolt, charge or react and harm you. There is a srisk of Personal Injury in any encounter with an animal whether it is kept in captivity or is in the wild. You must keep a safe distance from all animals. The locations you visit may be in remote locations and medical help may not be readily available and treatment that you need may not be available when you need it. We accept no liability for any encounter you have with animals, crocodiles, sharks, insects, spiders, snakes or jellyfish.

4. Crocodile encounters at the locations we visit or operate from come with physical risk. Crocodiles are wild and unpredictable. Some crocodiles you will encounter are captives and others are not and live in the wild. We provide the encounters for your enjoyment however we warn there is a risk of Personal Injury. You must keep a safe distance from all crocodiles and must follow our directions during any encounter with a crocodile. We accept no liability for any encounter you have with crocodiles.

5. Scenic tours and transportation in helicopters are recreational activities with inherent risks which could cause Personal Injury. We provide this warning as you may take a helicopter flight from one of our locations or from sites that we operate. We do not operate helicopters. We do not have an air operators certificate issued by the Civil Aviation Safety Authority(“AOC”). However, persons and companies with an AOC (“Helicopter Operators”) will be operating helicopters from locations that we control or that you will visit when we provide services to you. When you participate in activities offered by Helicopter Operators we accept no responsibility for those activities. The Helicopter Operator’s terms and conditions will apply to the flights you take. However, we may assist you to embark or disembark from a helicopter and with activities during a flight. If the Civil Aviation (Carriers Liability) Act 1959 (“CACL Act”) applies to a flight you take the liability of the Helicopter Operator its servants and agents is limited by the CACL Act and that limitation will apply to any liability we have as an agent of the Helicopter Operator involved in providing service to assist you embark or disembark from the flight or assist you during the flight.

6. Jet boat and airboat rides and fishing tours are recreational activities that give rise to the risk of Personal Injury. Whilst operating a watercraft or vessel the risks include collision, overturning, hitting submerged objects, breaking down in remote locations, and passengers falling or being propelled overboard into waterways. Crocodiles, sharks and jellyfish may be in those waterways. The activities are provided for your enjoyment and we warn they do involve a risk of physical harm.

7. Prior to undertaking any Recreational Activities, you should ensure that you are aware of all of the risks involved including those risks associated with any health condition you may suffer from.

3. Acknowledgment

1. By agreeing to the terms of this Waiver, you acknowledge, agree and understand:

(a) you are a consumer of Recreational Activities as defined in the Australia Consumer Law and Part 5, Section 48(3) of the Consumer Affairs and Fair Trading Act 1990 (NT) and that certain terms and rights usually implied into a contract for the supply of goods and services (including the Recreational Activities) may be excluded;

(b) the Australian Consumer Law and Section 48(1) of the Consumer Affairs and Fair Trading Act 1990 (NT) allow the Supplier to ask that you agree to exclude, restrict or modify TESC’s and its Affiliates’ liability for Personal Injury suffered by you arising from or in any way connected to the Recreational Activities being provided by TESC and its Affiliates;

(c) agreeing to exclude, restrict or modify TESC’s and its Affiliates’ liability may result in compensation not being payable to you if you suffer any Personal Injury from your participation in the Recreational Activities being provided by TESC; and

(d) by agreeing to participate in the Recreational Activities voluntarily, you also agree to exclude any liability on the part of TESC and its Affiliates for any breach of any express or implied warranty that the Recreational Activities will be provided by TESC with reasonable care and skill to the fullest extent permissible under the Australian Consumer Law.

2. By signing this Waiver you acknowledge, agree and understand that the liability of TESC and its Affiliates to you in relation to any Recreational Activities for Personal Injury that may be suffered by you (or a person for whom or on whose behalf you are acquiring the Recreational Activities) resulting from the supply of the Recreational Activities is excluded.

4. Release, Indemnity and Assumption Of Risk

1. Participants, acknowledge that participation in the Recreational Activities is entirely at his/her own risk and that he /she may withdraw from participating in the Recreational Activities at any time.

2. Participants accept and assume all liability for the risks associated with the Recreational Activities being provided by TESC and its Affiliates including the risk of physical and psychological harm and Personal Injury arising from the Recreational Activities.

3. Participants waive, to the extent permitted by law, any claims that he/she have now or may have in the future against TESC and its Affiliates and release, indemnify and hold TESC and its Affiliates harmless from any liability in connection with the Recreational Activities being provided regardless of whether that liability is based in:

(a)      negligence for breach of duty of care or failure to exercise reasonable care and skill;

(b)      breach of contract or breach of any express or implied warranty, obligation, term or contractual duty of care; or

(c)      breach of any statute, or statutory warranty or implied term.

4. Participants, acknowledge and agree that he/she has agreed that any or all of the consumer guarantees under Part 3-2 Division 1 Subdivision B of the Australian Consumer Law in relation to the Recreational Activities being provided by TESC and its Affiliates are excluded in respect of liability for Personal Injury.

5. No exclusion, restriction or modification of liability in this Waiver should be read to limit liability for anything other than for Personal Injury.

6. If any provision in this Waiver purports to have the effect of excluding, restricting or modifying liability for anything other than Personal Injury, it shall be read down to exclude, restrict or modify liability only in respect of Personal Injury.

7. If any part of this Waiver is contrary to law or void, in whole or in part, it shall be read down to the extent necessary in the relevant jurisdiction for its validity to otherwise operate to the full extent permitted by law.

5. Agreement

1. I agree to the terms of this Waiver, acknowledge the risks that are inherent in the Recreational Activities and understand the warnings provided in the Waiver.

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Information

Date of Scheduled Tour *
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Information

Date of Scheduled Tour *
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Information

Date of Scheduled Tour *
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information

Date of Scheduled Tour *
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information

Date of Scheduled Tour *
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information

Date of Scheduled Tour *
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information

Date of Scheduled Tour *
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information

Date of Scheduled Tour *
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information

Date of Scheduled Tour *
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information

Date of Scheduled Tour *
Parent or Guardian's Email Address

Email*

Confirm Email*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Information

Date of Scheduled Tour *
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


One or more problems exist. Please scroll up.




Powered by  Smartwaiver - TRY IT FREE!