Indeminty & Release Form
LIABILITY WAIVER AGREEMENT
- The purpose of this Agreement is to exclude the liability of the Provider (as defined below) to the extent permissible by law to pay damages or any other form of compensation for any personal injury or death suffered by me resulting from participating in the Recreational Activity (as defined below).
- I acknowledge that the Recreational Activity involves the risk of serious injury, physical harm or death.
- I also acknowledge that in signing this Agreement I have done so voluntarily and that no pressure or unfair tactics have been used to persuade me to sign this Agreement and that I have done so voluntarily in the knowledge that it is open to me not to sign the Agreement and for me to elect not to participate in the Recreational Activity.
- I release and forever hold harmless the Provider and any directors or officers of the Provider or any volunteer or employee of the Provider who is involved with organising the Recreational Activity from and against any claims actions, suits, proceedings or liabilities of any kind in respect of any personal injury or death suffered by me.
- I also agree to indemnify the Provider and any directors or officers of the Provider or any volunteer or employee of the Provider who is involved with organising the Recreational Activity against any claims actions, suits, proceedings or liabilities of any kind in respect of any personal injury or death suffered by me.
- I also agree that the liability of the Provider for any personal injury that may result from the supply of the Recreational Services (as defined below) that may be suffered by me is excluded.
- I agree to pay immediately the insurance excess of $5000 AUS in the event of any damage sustained to the vehicle while under my control.
- I agree for Finke River Adventures or it’s associated businesses to use my image in any marketing or promotional material or campaign for a period of 10 years.
Parent / Guardian Declaration
In my capacity as the parent/guardian of the Participant I make the above acknowledgements, releases, agreements and warranties on behalf of the Participant (as defined below) as if I was the Participant and further warrant,
that I have told the Participant that the Recreational Activity involves the risk of serious injury, physical harm or death.
“Participant” means the person whose name appears next to Participant below.
“Provider” means Red Sands Stores Pty Ltd t/as Finke River Adventures ABN 87 614 464 158
“Recreational Activity” means the motorcycling activity provided by the Provider.
“Recreational Services” means the organisation of and delivery of the Recreational Activity.
Name of Participant:
Signature of Participant
or signature of Parent/Guardian
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 authorized 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 willfully 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 authorization 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.