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Cape Byron Sea Kayaks PTY LTD "CBK" WAIVER FORM

I acknowledge and agree that:

  1. “CBK” for the purposes of this application and declaration means and includes Cape Byron Kayaks, its Director, staff members, officers, servants and agents.

  2. If accepted I will be permitted to participate in the Tour subject to my complying with the terms and conditions of the tour, this declaration and any reasonable direction issued by the Tour Organisers or their representatives.

  3. This document cannot be amended. If I do amend it my application will be null and void. It cannot be accepted by CBK.

  4. Insurance is in place that provides limited cover to me whilst I am participating in the Tour. I understand that this insurance may not cover me for all injury, loss or damage sustained by me and I can, in my own interests, seek and obtain personal insurances over and above the cover provided by CBK.

  5. The tour rules and this declaration comprise a contract between me and CBK. It is necessary and reasonable for promoting and conducting the tour.
  • CBK provides guides with respect to the chosen activity. I specifically acknowledge and agree that at all times I will obey any instructions given by the guide during the activity.
  • I acknowledge that if I do not obey any instructions given by a guide, then I may be increasing the risk of injury to myself at my own risk.
  • I acknowledge and agree that if I do not obey any instruction given by a guide, then I hereby release CBK from all claims whatsoever which I may have had, or may have had but for this agreement against CBK for injury or any other damage sustained by me.

  1. Warning: Participation in the tour can be inherently dangerous. Risks including but not only overexertion, equipment failure, dehydration, serious accidents, weather conditions, water quality, seasickness or shark attack can and do happen which may result in me being personally injured or my property being damaged. I have voluntarily read and understood this warning and accept and assume the inherent risks in the tour.

  2. Exclusion of Liability: Except where provided or required by law and such cannot be excluded, I agree that it is a condition of my entry on the tour (if accepted) that CBK is absolved from all liability however arising from injury or damage however caused (whether fatal or otherwise) arising out of my participation in the tour.

  3. Release and Indemnity: In consideration of CBK accepting my application for entry to the tour I:
  • release and forever discharge CBK from all claims that I may have or may have had but for this release arising from or in connection with my participation in the tour; and
  • indemnify and hold harmless CBK to the extent permitted by law in respect of any claim by any person including but not only another participant in the Tour arising as a result of or in connection with my participation in the tour.
  • I hold CBK harmless and indemnified against and from all actions, suits, claims, demands, verdicts, judgments, costs and expenses, legal or otherwise which may have arisen or may hereafter arise out of any claims made by me, contrary to the waiver and release granted by myself under this agreement.

I authorise CBK to arrange medical or hospital treatment (including without limitation ambulance transportation) if unable to do so and indemnifies CBK of all costs associated therewith.

  1. Fitness to Participate:
    • I declare that I am and must continue to be medically and physically fit and free from impairment and not under the influence of drugs or alcohol and able to participate in this tour.
    • I am not and must not be a danger to myself or to the health and safety of others.
    • I understand and accept that CBK will continue to rely upon this declaration as evidence of my fitness and ability to participate.
    • I will immediately notify CBK organisers on the tour if I feel physically or mentally unwell or unstable.
    • I am aware that this is a tour in the open ocean and I/we are confident in the open water. We DO NOT recommend the tour for non-swimming adults. Non swimming adults who book and cannot complete the tour are not entitled to a refund.
    • I have a reasonable level of fitness and ability to paddle my/our own kayak.
    • Inability to paddle my own kayak in moderate conditions is not a reason for a refund.

  2. Privacy: I understand that the information I have provided is necessary for the conduct of the tour and for the objects of CBK. I acknowledge and agree that the information will only be used by CBK to facilitate the conduct of the tour and other events conducted by CBK.

  3. Prevailing Conditions: The tour and the conduct of, and participation in the tour will be affected by weather and associated conditions. Given that it is often an element of the “luck of the prevailing conditions” in entering and participating in the tour I acknowledge and agree the tour organisers cannot control the weather and associated conditions. I acknowledge that the “tour may be cancelled at the discretion of the tour organisers”.

  4. Refunds will not be given for seasickness or choosing to abandon a tour once tour is underway. If the tour does not see dolphins or whales (during whale season), you are entitled to a free return tour but you are NOT entitled to any refund. Free return tours are non-transferable.

  5. I have read, understood, acknowledge and agree to the above declaration including the warning, release and indemnity.