WAIVER  AGREEMENT

I, ……………………………………………………………………..

of ……………………………………………………………………..

in consideration of BIG CAT SOUTH PACIFIC HOLIDAYS PTY. LTD. allowing me to participate in the PENGUIN TOUR agree to accept and participate on the following terms:-

1.  I acknowledge that I have read this waiver agreement and the RISK WARNING printed hereunder;

2.  I acknowledge that this is a recreational activity with potential for injury and that by participating in the tour I may be injured;

3.  I understand that the tour involves travelling by boat to an island approximately 16km offshore, camping, bushwalking over rough terrain, swimming and snorkelling

4.  I hereby agree that my participation in the tour shall be at my own risk;

5. I agree that the tour is a recreational activity and my rights to compensation will be limited by the provisions of the Civil Liability Act 2002 ( NSW ) and other Acts, in the event of personal injury;

6.  I understand that I may be responsible for some of the costs involved in emergency medical treatment and evacuation should I be seriously injured during the tour.

Except where the law imposes liabilities which cannot be excluded I agree that I will have no claim against BIG CAT SOUTH PACIFIC HOLIDAYS PTY. LTD., its Directors, employees and agents, and the DEPARTMENT OF ENVIRONMENT AND CLIMATE CHANGE (NSW) ( DECC )for any injuries suffered by me or by any other person, or any damage to property whatsoever, whether or not the same be caused by or contributed to by an act, omission or negligence of BIG CAT SOUTH PACIFIC HOLIDAYS PTY. LTD, its Directors, employees and agents, and DECC, and I release and discharge each and all of BIG CAT SOUTH PACIFIC HOLIDAYS PTY. LTD., its Directors, employees and agents and DECC from any and all claims arising out of or connected with my participation in the PENGUIN TOUR.

DATE:  …………………………………..

SIGNED: ………………………………..      AGE: …………………….

(  I am the parent or guardian of the minor/minors listed below and I acknowledge that I have read this WAIVER AGREEMENT and the RISK WARNING and that I am signing the waiver agreement and release on behalf of them as well as myself. )

…………………………………………………….                               ……………………………………………………..

…………………………………………………….                               ……………………………………………………..

WARNING  OF  RISK

WARNING is given to all participants that taking part in the PENGUIN TOUR is a recreational activity having potential for danger and that there is a risk of harm or injury to their person arising from;

  • any physical inadequacy,
  • traversing from land to water,
  • enclosed waters and sea and beach conditions and weather,
  • the presence of sea craft and other hazards,
  • engaging in sea based activities such as swimming and snorkelling,
  • rough terrain

WARNING is also given in respect to the potential for isolation and remoteness and the effect this may have on the timeliness of obtaining appropriate treatment in the case of medical emergency.

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