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Tour South Pty Ltd

Po Box 3575, Port Lincoln

SA 5606, Australia

TO: Tour South Pty Ltd., and its subsidiaries, affiliates, and related companies including, but not limited to, Tour South and their respective directors, officers, employees, subcontractors, suppliers, agents, guides, volunteers, independent contractors, representatives, owners, insurers, successors, and assigns (individually and collectively, “Tour South”)

"Activities" means the activities and services that Tour South will be providing, arranging, or organizing on my behalf depending on my chosen itinerary.

These may include:

●Participation in an adventure travel tour

●Off-roading

●Animal interaction

●Camping

●Caving

●Hiking

●Swimming

●Snorkelling

●scuba diving

●Helicopter activities

●Whale Watching

●Bird watching

●Travel in jet boats/speed boats

●Trekking

●Scenic flight

●Mountaineering

●travel in public and private transportation (including to and from tour areas)

                       ACKNOWLEDGMENT – HEALTH & SAFETY

I am aware that the physical exertion required to participate in the Activities can activate or aggravate pre-existing injuries, conditions, or congenital defects.

I acknowledge that I should seek medical advice if I know or suspect that my physical condition may be incompatible with the Activities.

I acknowledge that I am required to wear approved safety equipment while participating in certain Activities. I am aware that there are guides and instructors available to answer any questions I may have as to the proper use of any equipment.

ASSUMPTION OF RISKS

I am aware that the Activities involve many risks, dangers and hazards which may include but are not limited to:

● personal injury and/or death;

● travel to remote areas without access to medical facilities or treatment

● changing weather conditions;

● interactions or encounters with wildlife;

● equipment malfunctions

● negligence of other participants or guides;

● negligence on the part of the Tour South Pty Ltd, including failure to safeguard or protect from the risks or dangers of the Activities

● consumption of alcohol;

● collisions with vehicles, equipment, or structures;

● becoming lost or separated from guides or other participants; and the failure to remain within designated areas.

I Agree

                          ALCOHOL AND ILLEGAL SUBSTANCES

If I use, consume, or am under the influence of alcohol or illegal drugs prior to or while engaging in the Activities, I ASSUME AND ACCEPT ALL RISKS, DANGERS, AND HAZARDS THAT MAY RESULT FROM THIS INCLUDING THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND LOSS, even in the event of negligence or fault by Tour South or third parties, and will indemnify Tour South from any and all liability for any damage to property or personal injury to any third party, resulting from my participation in the Activities, while, during, or after consumption of illegal drugs or alcohol.

I AM AWARE OF THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH THE ACTIVITIES.

I am not relying on any oral or written representations or statements made by Tour South about the safety of the Activities other than what is stated in this Waiver.

I freely accept and fully assume these risks and the possibility of injury and loss resulting from my participation in the Activities.

RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT

In consideration of Tour South allowing me to participate in the Activities I agree:

1. In the event that I, or my next of kin, suffer any loss, damage, expense, or injury from my participation in the Activities INCLUDING THOSE CAUSED BY THE RISKS SPECIFICALLY OUTLINED IN THIS WAIVER, I AGREE TO WAIVE ANY AND ALL CLAIMS I have or may have in the future against Tour South from any and all liability;

2. TO HOLD HARMLESS AND INDEMNIFY Tour South from any and all liability for damage to property or personal injury to any third party resulting from my participation in the Activities;

3. Any litigation involving the parties to this Agreement shall be brought solely within Australia and shall be within the exclusive jurisdiction of the Courts of Australia.

4. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns, and representatives, in the event of my death or incapacity.

5. This Agreement and any rights, duties, and obligations as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of Australia and no other jurisdiction.

I HAVE READ AND UNDERSTAND THIS AGREEMENT PRIOR TO CHECKING THE BOX BELOW CONFIRMING MY AGREEMENT.

I am aware that by checking the box below I am waiving certain legal rights which I may have against Tour South.

FOR PARTICIPANTS OF MINORITY AGE: I hereby certify that I, parent/guardian with legal responsibility for this participant of minority age, do consent and agree to his/her release of all Tour South, and for myself, my heirs, assigns, and next of kin, I release and agree to indemnify Tour South for any and all liabilities incident to this participant of minority age’s participation in the Activities.

I Agree

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
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*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
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.


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