The following indemnity statement is to be read and agreed to by each person participating a Cape to Cape Explorer Tours’ experience (the “Event”). If the person is less than 18 years old, consent from a parent or guardian will be needed on their behalf.
This statement contains a release of liability clause. Please read it carefully and agree to it only after you are satisfied that you understand and accept all the terms and conditions.
I hereby agree to participate in the Event(s) conducted by Explorer Tours Pty Ltd, trading as Cape to Cape Explorer Tours (“CCET”). In so participating I acknowledge and agree that:
- ‘Provider’ referred to in this document is Explorer Tours Pty Ltd, trading as Cape to Cape Explorer Tours and includes where the context permits all directors, employees, volunteers, representatives, agents and all bodies involved in running the Event. “Claim” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising including but not only limited to negligence.
- My participation in the Event will be subject to my complying with this declaration and any reasonable direction issued by the Provider or its representatives. I agree to abide by all the instructions given, rules and regulations governing the Event.
- Warning: The Event, in addition to usual dangers and risks inherent, has certain additional dangers and risks, some of which include:
- rugged terrain and wilderness;
- physical exertion for which I may not be prepared;
- weather extremes subject to sudden and unexpected change;
- remoteness to normal medical services; and
- evacuation difficulties.
I acknowledge that I will be participating in activities that potentially carry the risk of harm of personal injury or death. My presence at and participation in this Event will be entirely at my own risk.
- Exclusion of Liability: I acknowledge that where I am a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of goods or services may be excluded. I acknowledge that these implied terms and rights and any liability of the Provider flowing from them, are expressly excluded to the extent possible by law, by this declaration.
- Release and Indemnity: In consideration of the Provider accepting my participation in the Event, I: (a) release and will release the Provider 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 Event; and (b) indemnify and will keep indemnified the Provider to the extent permitted by law in respect of any Claim by any person arising as a result of or in connection with my participation in the Event.
- Fitness to Participate: I declare that I am medically and physically fit and able to participate in the Event. I will immediately notify the Provider (in writing prior to the Event and in person during the Event) of any change to my medical condition, fitness or ability to participate. I understand and accept that the Provider will continue to rely upon this declaration as evidence of my fitness and ability to participate.
- Rescue, First Aid & Medical Treatment: I consent to receiving any rescue assistance, first aid and medical treatment that the Provider or authorised representatives consider necessary or desirable during the Event. I will accept the assistance, first aid and/ or medical treatment from the Provider or authorised representatives. I agree to reimburse the Provider for any costs or expenses incurred by it in providing me with rescue assistance, first aid or medical treatment, including evacuation. I consent to the hospital/ doctor report(s) relating to any medical attention received being given to the Provider.
- Right to use image: I acknowledge and consent to photographs and electronic images being taken of me during my participation in the Event. I acknowledge that such photographs and images are owned by the Provider and they may use the photographs for promotional or other purposes without my further consent being obtained. Further, I consent to the Provider using my name, statements or otherwise at any time by any form of media, without payment or compensation.
- Prevailing conditions: I acknowledge and agree that the Event can and will be affected by the weather and that the weather conditions may change without warning. I understand that the Provider may need to cancel, halt, delay or re-route the Event in response to hazards including extremes of weather, fire, flood or path instability. Where possible the Provider will attempt to preserve the nature of the Event. I accept that if the Event is cancelled for any reason whatever, my fees may not be refunded.
I have provided the information required. In voluntarily ticking the box, I covenant and warrant that (a) all information provided is true and correct; and (b) I have read, understood, acknowledge and agree to the above declaration including but not only the warning, exclusion of liability, release and indemnity.
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