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This document contains provisions which affect the legal rights of the Customer and are to be read in conjunction with the T&C. Where there is any inconsistency between the T&C and this document, the provisions contained within this document will prevail. 

The Customer has read and understood the disclosure of risks set out in this Waiver, and voluntarily accepts those risks and agrees to be bound by this Waiver.  

1. This Waiver is between D’Guy Journeys and the Customer and applies to the Customer at all times whilst participating in the Activity.

2. In consideration for and as a condition of being permitted access to the Activity, the Customer agrees to this Waiver. 

3. A reference to Customer shall include all persons that have been included in the Customer’s Booking.

4. The definitions in the T&C apply to this document, together with the following:

“T&C” means the Terms and Conditions published by D’Guy Journeys as accepted by            the Customer at the time of making the Booking. 

“Waiver” means this Waiver, Release, Discharge and Indemnity. 

5. The Customer represents and warrants that the Customer:

5.1. is over 18 years old (other than any minors accompanying the Customer);

5.2. is medically fit to perform, or engage in the Activity;

5.3. is physically, emotionally and mentally competent to engage in the Activity;

5.4. has not relied on any representations or warranties that may have been made by D’Guy Journeys or its Representatives in relation to the Activity;

5.5. has taken, or had the opportunity to take, independent medical, legal and other relevant advice as to the nature, effect, meaning and extent of this Waiver; 

5.6. that clauses 5.2 to 5.4 apply to all minors accompanying the Customer; 

5.7. is lawfully responsible for any minors within the care of or accompanying the Customer; and

5.8. has authority to, and does hereby, enter into this Waiver on the Customer’s own behalf and on behalf of all persons included in the Booking, including any minors.

6. The Customer acknowledges the risks associated with participating in the Activity include, but are not limited to:

6.1. loss or damage to property;

6.2. injury, illness, permanent disability, paralysis or death;

6.3. slipping and falling, collisions with fixed objects and or other participants, falling off objects;

6.4. drowning, polluted or contaminated water; 

6.5. attack or injury from wildlife, dangerous or inclement weather conditions, contracting illnesses from contact with objects and surfaces while participating in the Activity; 

6.6. limited mobile telephone reception and access to medical facilities and assistance; 

6.7. the behaviour and acts or omissions of other participants;

6.8. the negligence of D’Guy Journeys or its Representatives;

6.9. equipment failure and improper or inadequate equipment maintenance and operation; 

6.10. improper or inadequate instruction or supervision regarding the Activity or use of D’Guy Journeys’ facilities and equipment; and

6.11. first aid, emergency treatment, safety rescues or services rendered or failed to be rendered by D’Guy Journeys or its Representatives.

7. The Customer acknowledges that the Activity may be inherently dangerous activities and are “dangerous recreational activities” within the meaning of the Civil Liability Act 2002 (WA).

8. The Customer is aware of the dangers associated with the consumption of alcohol, mind altering substances, drugs (including over the counter or prescribed medication) or other substances which may impair any judgment or physical ability or capacity to safely participate in the Activity and accepts full responsibility for any injury, loss or damage associated with the Customer’s consumption of alcohol, mind altering substances, drugs or other substances which impairs the Customer’s judgment, physical ability or capacity to safely participate in the Activity. 

9. The Customer unconditionally and irrevocably acknowledges and agrees that:

9.1. D’Guy Journeys and its Representatives are not responsible for any Claims or Liabilities for:

(a) any injury, illness or death of any person; or

(b) any injury, illness or death that the Customer may sustain; or

c) any loss, damage or theft of the Customer's property;

9.2. D’Guy Journeys may, in its sole discretion:

(a) refuse to permit the Customer access to the Activity;

(b) require the Customer to leave the Activity at any time;

c) refuse to permit the Customer to engage in the Actvity;

(d) require the Customer to cease the Activity; or

(e) change or vary the conditions of entry to the Activity. 

10. The Customer has had the opportunity to consider the risks associated with participating in the Activity and freely and voluntarily accepts:

10.1. all of the risks (foreseeable and unforeseeable) that may result from the Customer participating in the Activity; 

10.2. any and all consequences which may result from those risks (whether foreseeable or unforeseeable); and

10.3. that all Implied Warranties are excluded to the fullest extent permitted by law. 

11. To the extent any Implied Warranties cannot be excluded, liability for any breach of any Implied Warranty is limited to:

11.1. in the case of any Implied Warranty relating to goods:

(a) the replacement of those goods or the supply of equivalent goods; or

(b) the cost of replacing those goods or supplying equivalent goods; and

11.2. in the case of any Implied Warranty relating to services:

c) the re-supply of those services; or

(d) the cost of re-supply of those services. 

12. The Customer has read, understood and agrees to comply with all rules, regulations, procedures, instructional material and other information provided to the Customer or published by D’Guy Journeys or relating to the Activity. 

13. While participating in the Activity the Customer will, at all times, follow:

13.1. the lawful directions of D’Guy Journeys or any of its Representatives; and

13.2. any signage displayed at or in relation to the Activity. 

14. To the fullest extent permitted at law, the Customer waives, releases and discharges D’Guy Journeys and its Representatives from and against any and all Claims or Liabilities which the Customer has, or may at any time have, arising out of or in relation to the Activity. This waiver, release and discharge extends to all acts, omissions, defaults, failures or errors on the part of all or any of D’Guy Journeys and or its Representatives. 

15. The Customer agrees to indemnify, and keep indemnified, D’Guy Journeys and its Representatives from and against any Claims and Liabilities, whether direct or indirect, arising out of or in relation to:

15.1 the Customer observing or participating in the Activity (whether operated by D’Guy Journeys or a third party); and

15.2. the Customer’s acts or omissions while participating in the Activity. 

16. The Customer covenants not to sue or commence any proceedings against D’Guy Journeys and or its Representatives in respect of any loss or damage arising out of or relating to any loss, damage, injury or illness the Customer may sustain (whether to the Customer personally or to any of the Customer’s property) which occurs while participating in the Activity. 

17. While participating in the Activity, the Customer will:

17.1. abide by all laws;

17.2. not introduce or create any hazards to persons, property, flora or fauna; and

17.3. not, by the Customer’s acts or omissions, breach any terms of this Waiver. 

18. If anything in this Waiver is or is determined to be unenforceable, illegal, voidable or void in a jurisdiction then it is severed for that jurisdiction and the rest of this document remains in full force and effect in all other jurisdictions.

19. This Waiver is governed by and shall be construed in accordance with the laws of the State of Western Australia, the parties submitting to the exclusive jurisdiction of the Courts of Western Australia for determination of any dispute claim or demand.


First Participant's Name

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

Email
Check to receive information, news, and discounts by e-mail.
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
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*
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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