Indeminty & Release Form
Finke River Adventures Activity: Experience 2018 (“the Activity”)
1) The Participant warrants to Finke River Adventures (“FRA”) that he or she:
In the event that FRA discovers at any time that the above warranty is untrue or inaccurate in any way, FRA may prevent the Participant from taking part in the FRA Activity or may discontinue the Participant’s participation in the FRA Activity.
- The Participant acknowledges and agrees that participation in the FRA Activity is inherently dangerous and that accidents that may cause serious injury. The Participant acknowledges that it has of its own free will chose to participate in the FRA Activity and warrants that he or she does not suffer from any medical condition that may adversely affect the Participant’s safe participation in the FRA Activity or jeopardise the safety of others.
- The Participant agrees that he/she have disclosed any injuries, disabilities, diseases or ailments or other health concerns which may affect their safe participation or ability to safely take part in the FRA Activity. The Participant agrees to immediately notify FRA on the occurrence of any changes to their health or any development of any health concerns. The Participant also agrees to abide by any decision FRA may make in relation to continued participation or non-participation in the FRA Activity.
- releases and forever discharges FRA, its directors, officers, servants and agents or any of them; and
- The Participant indemnifies and holds FRA, its directors, officers, servants and agents or any of them harmless against all claims, actions or proceedings that may be brought in respect of the death or serious bodily injury to any third parties and all other claims, actions, proceedings, losses, costs, expenses, damages, and any other liabilities that may be suffered or incurred by FRA that arise directly or indirectly from:
- the Participant participating in and/or being present at the FRA Activity; and
- the Participant’s driving of any vehicles in breach of the “Vehicle Use Terms” set out below.
4) The Participant will strictly comply with all directions and instructions of FRA (and their respective appointed representatives) at all times before, during and after the FRA Activity. Failure to comply with such directions resulting in damage to FRA persons, vehicles or property will result in liability for costs against the Participant.
5) The Participant hereby acknowledges and agrees that he or she is fully aware of, and accepts any and all risks that may be involved in or may arise from participation in the FRA Activity and:
b) indemnifies and holds FRA, its directors, officers, servants and agents or any of them harmless,
against all actions, proceedings, claims, demands, losses, damages, expenses, costs (including legal costs), injuries (including bodily injuries), psychological trauma, death, and any other liability or harm suffered or incurred by the Participant arising out of or resulting from the Participant’s participation in the FRA Activity.
- The Participant shall immediately inform FRA of any damage or injury to persons or property caused by participating in the FRA Activity and shall provide all necessary assistance to FRA in respect thereof, including by completing such claim forms, executing such documents and testifying in such suits and actions in connection with such matters as may be requested by FRA.
- The Participant acknowledges that FRA has the absolute discretion to prevent the Participant from taking part in, or discontinuing the Participant's participation in, the FRA Activity where FRA or its representatives have formed the view (in their absolute discretion) that the Participant is in breach of any applicable laws, is under the influence of alcohol or any drugs (being recreational drugs or other drugs that may adversely affect driving ability) or would otherwise constitute a hazard to any person or property including the Participant themselves. In this regard the Participant warrants that he/she has not consumed any alcohol in the 10 hour period immediately prior to and will not during the FRA Activity be under the influence of alcohol or any drugs being recreational drugs or other drugs that may adversely affect driving their ability).
- The Participant agrees that this Release and Indemnity shall be governed by the laws of the Northern Territory, Australia. It is intended to be as broad and inclusive as is permitted by the laws of the Northern Territory. If any provision of this Release and Indemnity is held or found to be invalid or otherwise unenforceable, then such invalidity or enforceability shall not affect the validity or enforceability of any other provision, or part of a provision, of this Release and Indemnity.
- The Participant consents to participate in the FRA Activity on the terms contained herein and declares that he or she has read and understood this document (including the “Vehicle Use Terms” below). The Participant agrees that no oral representations, statements or inducements, apart from the foregoing written agreement, have been made.
- The Participant consent to Finke River Adventures using their name, likeness, image and/or voice in the FRA Activity (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this event and/or future events of a similar nature.
VEHICLE USE TERMS:
- The Participant acknowledges and agrees that it may drive several vehicles (“the Vehicles”) whilst participating in the FRA Activity and that unless the Participant notifies an authorised FRA representative to the contrary prior to obtaining possession of such Vehicles, the Participant shall be deemed to have accepted that the Vehicles were provided to the Participant in an undamaged condition. The Participant agrees to return the Vehicles in the same standard of condition as they were in when they came into the Participant’s possession. The Participant will not wilfully or maliciously damage the Vehicles in any way.
The Participant agrees to pay within 7 days of notice all costs charged by FRA for any damage incurred to the FRA vehicle under their control and loss of income while the FRA vehicle is awaiting repair.
- The Participant may only use the Vehicles for the purposes of the FRA Activity and cannot remove the Vehicles from the premises/areas where the FRA Activity is being conducted without the prior written authorisation of FRA.
- The Participant will at all times following the Tour Lead Vehicle and will not overtake any other vehicle unless asked to do so by the Tour Leader
- FRA may terminate the Participant’s use of and repossess the Vehicles if it considers that the terms set out herein are being breached.
- The Participant must at all times observe and comply with the applicable rules and regulations which govern the FRA Activity and must also comply with any and all directions given by FRA or its instructors during the FRA Activity.
- The maximum speed allowed during any FRA activity is 50 km/h
- Smoking is not permitted in the Vehicles.
- The Participant will not allow the number of passengers in the Vehicles to at any time exceed the number which the Vehicles were designed, registered or licensed to carry.