Medical Declaration - I declare that I am in good mental and physical fitness for boating, snorkelling, swimming and fishing, and that I am not under the influence of alcohol, nor am I under the influence of any drugs that are contradictory to boating, snorkelling, swimming or fishing.
- I fully understand that asthma, epilepsy, any recent surgery, most prescription medications taken, heavy colds and flu taken within the last 10 days, are reason not to participate in boating, snorkelling, swimming or fishing.
- I further fully understand that recent alcohol consumption and use of recreational drugs also are reasons not to participate in boating, snorkelling, swimming or fishing.
- I understand that the above mentioned conditions and practices increase the risk of injury, death, loss or damage.
- If I am taking medication, I declare that I have seen a physician and have approval to participate in boating, snorkelling, swimming and fishing while under the influence of the medication/drugs.
- I understand that boating, snorkelling, swimming and fishing are physically strenuous activities and that I will be exerting myself during this activity and that I may suffer injury, death, loss or other damage as a result of such activity.
- I understand that concealment of any medical or physical condition might put my life or health, or the life or health of others, at risk.
- I have been advised that the activities may involve strenuous physical activity even in calm water and that older people are at an increased risk of death and injury due to a higher incidence of medical conditions made worse by physical exertion, such as heart disease and stroke.
- I have been advised to inform the eco tour operator if I have any concerns about medical conditions, mobility, fitness levels or swimming ability.
- I agree that if I suffer from any medical, health, or mobility condition from the time when this form is signed by me, to the time I undertake the activities, I will fully disclose the same to the eco tour operator and will sign an updated medical information form if and when required.
- The eco tour operator reserves the right in its absolute unfettered discretion, to refuse to allow me to participate in the activities or to cancel any activities at its absolute discretion, at any time, in the interest of safety or other factors.
- I have read the above statements and have had any questions answered to my satisfaction.
Assumption of Risk and Acknowledgements - By choosing to participate in this eco charter operated by Eco Abrolhos Accommodation Pty Ltd, I acknowledge and agree that: There are inherent risks involved with boating, snorkelling, swimming and fishing, including (without limitation) engine or equipment failure, perils of the sea, harm causes by marine creatures, acts or omissions of other passengers, entering and exiting the water, boarding or disembarking boats and activities on the docks;
- Snorkelling is a dangerous sport;
- Other tours such as fishing, swimming, island tours, bird watching tours, pearl farm tours have certain risks and dangers associated with them, including but not limited to; dangers involved with entering the tenders and walking on rocky terrain in the area;
- This trip, in addition to the usual and inherent dangers & risks of tours, Eco has certain additional risks and dangers including but not limited to remoteness to normal medical services, weather extremes subject to sudden unexpected changes, evacuation difficulties and malfunction of machinery and vehicles;
- I am physically fit and mobile to undertake in boating and other related activities such as snorkelling, swimming, and fishing;
- I am aware that boating, snorkelling, swimming, and fishing have inherent risks which may result in serious injury or death;
- I am fully aware of and expressly assume all risks involved with this eco charter, including (without limitation) those connected with boating, snorkelling, swimming, and fishing.
Limitation of Liability I acknowledge and agree that under no circumstances, will Eco Abrolhos Accommodation Pty Ltd, nor its affiliates, subsidiary or related corporations, nor its owners, officers, directors, employees, contractors, agents or assigns of the aforementioned entities (“Released Parties”) be held liable or responsible in any way for any injury, death, loss or other damage to me, my family, estate or assigns that may occur in connection with or as a result of my participation in this eco tour, except to the extent that such injury, death, loss or other damage is caused or contributed to by the proven negligence of the Released Parties. I agree that this limitation of liability is comprehensive and applies to all loss and damage of any kind, including (without limitation) direct, indirect, consequential, inconsequential, special, incidental, or punitive loss or damage, except to the extent that such loss or other damage is caused or contributed to by the proven negligence of the Released Parties. Release I agree to release the Released Parties and to hold them harmless from any injury, death, loss or other damage to me, my family, estate or assigns that may occur in connection with or as a result of my participation in this eco tour, except to the extent that such injury, death, loss or other damage is caused or contributed to by the proven negligence of the Released Parties.. I agree that this release is comprehensive and applies to all loss and damages of any kind, including, (without limitation), direct, indirect, consequential, inconsequential, special, incidental, or punitive loss or damages, except to the extent that such loss or other damage is caused or contributed to by the proven negligence of the Released Parties. Pre-existing Medical Conditions and Dietary Requirements I am aware that if I have any food allergies or any pre-existing medical conditions I must inform the crew of the Eco Abrolhos prior to the cruise. Capacity I am of lawful age and legally competent to sign this Disclaimer & Limitation of Liability. I acknowledge and agree that the terms herein are contractual and I have signed this agreement of my own free act. Loss of Eco Abrolhos Equipment I agree that if I am found at fault for the loss of any equipment belonging to Eco Abrolhos such as fishing rods, lures, snorkels, fins, tackle, then I agree to pay for the cost to replace the equipment Enforceability I acknowledge and agree that if any part of this agreement is found to be unenforceable or invalid, that part shall be severed from this agreement. The remainder of this agreement will then be construed as though the unenforceable part had never been contained in this agreement. Signing Clause I agree to be bound to all the terms and conditions of this agreement, I have read this agreement, fully understand the terms and conditions contained in it, understand that I have given up substantial rights by signing it, am aware of its legal consequences, and have signed this agreement freely and voluntarily without any inducement, assurance or guarantee being made to me. Today's Date: July 7, 2025 |