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WAIVER

SHARK SHIELDS (for day sail and MiLady guests)

INFORMATION SHEET FROM MANUFACTURER

Our vessels use Shark Shields on their tenders. Sharks can be dangerous and often unpredictable creatures and we encourage  people  to use a Shark Shield when working in,  or  enjoying the  sea,  in order  to minimize  the  risk of  shark  attack.  While extensive testing has been performed, and great care taken to develop and manufacture the  Shark Shield range  of products,  it  is  impossible  to guarantee  that  all sharks  will  be  deterred under  all  circumstances.  Water-based activities in the presence of sharks is inherently dangerous; therefore, we recommend that if a shark is  sighted, the  user gets  to safety  rather  than continue  with their  water  activity.

HOW DOES IT WORK?

A large  pulsing current  is  emitted from  the  Shark Shield antenna to produce  the  protective  electric  field.    Anyone with a pacemaker, who is pregnant, or  has a health condition which could be  affected by the  electric  field,  should not  use the  device.  Some  examples of health conditions  include:

  • heart  disease,
  • a  history  of heart  problems,
  • peripheral vascular  decease
  • stroke
  • a  history  of fainting
  • a history of epilepsy
  • lung disease

Please ask our crew if you are unclear about medical conditions and Shark Shields

TO THE CUSTOMER: By taking part in the any of the activities we offer you are assuming a degree of risk. Please read the following carefully. Please do NOT sign it if you do not understand it or do not agree with its terms.

Providential Magic Pty Ltd, Airlie Beach, Whitsunday, QLD 4802. ('Providential Magic Pty Ltd') Whitsunday Sailing carries on the business of sailing boat adventure day tours, snorkelling and adventure bush walking ('the Services'). In consideration of Providence Sailing agreeing to offer its Services set out below, I, the undersigned agree as follows:

Prior to embarking on any tour or activity comprising any one or more of the Services, the Services and what they entail have been thoroughly explained to me.

I am physically fit and suffer from no medical condition that may be aggravated by my taking part in any one or more of the activities comprising the Services

I have been informed about Marine Stingers. A suit which reduces the risk of stings has been offered free of charge and has been highly recommended.

I have also been informed and read about the company using Shark Shields as a deterrent against sharks. I understand this technology can affect anyone using a pacemaker as well as anyone suffering from a number of health conditions (listed on the information sheet) or for guests who are pregnant.

I consent to receive medical treatment in the event of any medical emergency during my taking part in any one or more of the activities comprising the Services.

For myself, my executors, heirs and assigns I further agree to:

a) Avail myself of the Services or any of them at my own risk

b) Release Whitsunday Sailing ('Providential Magic Pty Ltd'), it assigns, employees and agents to the full extent permitted by law from all claims, costs, damages, liabilities and losses arising from any incident howsoever caused including without limit through negligence and resulting in injury or death to any person or property damage sustained by me during my use of the Services.

c) Indemnify Whitsunday Sailing ('Providential Magic Pty Ltd') from and against all claims, proceedings, costs, damages, liabilities and losses which Providential Magic Pty Ltd may become liable for arising from any loss, damage, death or injury sustained and caused or contributed to by my use of the Services.

I warrant that I am over eighteen (18) years. OR
The customer is less than eighteen years and his/her guardian, having responsibility for his/her care and control agrees to the foregoing terms for and on behalf of the Customer.

As the participant, I confirm that I am aware that this document is a legal document, I have signed at my own free will knowing that I have relinquished important legal rights.

 

COVID POLICY

Please read and agree to the following COVID QUEENSLAND GOVERNMENT REQUIREMENTS 

All adult passengers will be required to be double vaccinated to travel on Providence or MiLady from 17th December 2021 onwards. By signing our indemnity form and completing our check-in you are agreeing that you are fully vaccinated from that date.

You can link your vaccination certificate to the COVID Check In Queensland App on your phone prior to boarding or show proof through the MyGov app.

Aggressive and abusive behaviour will not be tolerated if there are issues with you boarding the vessel.

OTHER COVID RELATED ISSUES

Are you suffering from any COVID-19 symptoms (eg fever, cough, runny nose, shortness of breath or other symptoms)

I understand that all measures undertaken by Whitsunday Sailing (Providential Magic Pty Ltd) is to minimise my risk of contracting COVID-19 but does not eliminate such risk. Our crew are double vaccinated and we are implementing government policy to the best of our ability to ensure we are our guests are also double vaccinated.

I accept that in proceeding with my cruise that I am accepting all risks involved.

I accept that it is my responsibility to abide by all social distancing and hygiene safety guidelines including hand washing and use of hand sanitizer during my cruise experience, AND carrying out instructions given by the crew relating to food hygiene and COVID-19 risks.

I acknowledge that Whitsunday Sailing (Providential Magic Pty Ltd) recommends that any person who falls into the higher risk categories (as below) should postpone their SAIL until a later date and that, if I do fall into one of those categories, by undertaking my sail I acknowledge that I am aware of and accept these risks.

Higher Risk categories- Your risk of serious illness from COVID-19 increases if you are:· aged 70 years or over· aged 65 years or over and have a chronic medical condition· an Aboriginal and Torres Strait Islander person aged 50 years and over who has a chronic medical condition· immune suppressed

 

I agree to all of the terms and conditions on this waiver.

Today's Date: January 22, 2022 

First Guests' Name

First Name*

Middle Name

Last Name*

Phone*
First Guests' Date of Birth*
I certify that I am 18 years of age or older
First Guests' Signature*
Second Guests' Name

First Name*

Middle Name

Last Name*
Second Guests' Date of Birth*
Third Guests' Name

First Name*

Middle Name

Last Name*
Third Guests' Date of Birth*
Fourth Guests' Name

First Name*

Middle Name

Last Name*
Fourth Guests' Date of Birth*
Fifth Guests' Name

First Name*

Middle Name

Last Name*
Fifth Guests' Date of Birth*
Sixth Guests' Name

First Name*

Middle Name

Last Name*
Sixth Guests' Date of Birth*
Seventh Guests' Name

First Name*

Middle Name

Last Name*
Seventh Guests' Date of Birth*
Eighth Guests' Name

First Name*

Middle Name

Last Name*
Eighth Guests' Date of Birth*
Ninth Guests' Name

First Name*

Middle Name

Last Name*
Ninth Guests' Date of Birth*
Tenth Guests' Name

First Name*

Middle Name

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

Email*

Confirm Email*
Additional Information
Please select if interested in any of the below offers *
10% DISCOUNT and booking ON OUR 2HR DAILY SUNSET SAIL (glass of bubbles/nibbles - bread/cheese/fruit). Please let crew know
Signing up for our great PIRATE CLUB DEALS open to all 'locals' within 500 km radius from Airlie Beach
Finding out about the loyalty discounts on our sister yacht MiLady, which offers day private charters - great for small parties of 12 or overnight 1, 2 & 3 night charters - cabins or private
If you are interested in our wedding packages please tick here
Concerned about the Great Barrier Reef? Want to get involved in conservation? Would you like to know more about our new Ecotours on MiLady?
No purchase, thanks
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.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

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