LIABILITY WAIVER

This waiver forms a binding contractual agreement between you and Matt Bell (trading as Thrills & Chills) (ABN 54 042 567 970) (Thrills & Chills)

This waiver is entered into in consideration for you being permitted to hire personal watercraft (including any attachments such as trailers, tubes or skis) (Equipment) from Thrills & Chills and operate, ride on, be a passenger on the Equipment (Activities).

This waiver is to be interpreted by the laws of the Western Australia. This waiver is intended to be as broad and inclusive as is permitted by the law of Western Australia and the provisions of this waiver are severable so that if any provision is held to be invalid the remainder shall remain in full force and effect.

Application of Waiver

1. This waiver applies to all Activities you participate in and any Equipment you hire from Thrills & Chills.

Equipment

2. If you use your own equipment (including any attachment such as skis or a tube) in connection with an Activity or the use of any Equipment, you are solely responsible for ensuring the suitability and readiness of that equipment for the Activity and compatibility with the Equipment, including all safety and maintenance checks. We assume no responsibility for your equipment and you must not use your own equipment without our consent.
3. You must ensure that you fully understand and implement all of our instructions in relation to the Equipment, including any safety checks we require you to personally undertake (as notified to you).
4. Your use of the Equipment is subject to the further terms and conditions of our Hire Agreement. If there’s any inconsistency between the Hire Agreement and this waiver, this waiver will take precedence to the extent of the inconsistency, unless the relevant issue relates only to the Hire Agreement in which case the Hire Agreement will prevail.
5. You represent that you are at least 18 years old and that you possess a valid Australian driver’s licence and appropriate valid licence to operate the Equipment (such as a Recreational Skippers Ticket)

Risks in the water

6. You must be confident in swimming and physically well and able to sustain yourself in the ocean or other body of water for at least 400 metres (including in dangerous surf and tidal currents).
7. The Activities can include exposure to strong winds and extreme tidal conditions, navigating uneven sand banks, encounters with dangerous wildlife, equipment failure and require physical activity and mobility.
8. You acknowledge and agree that changes in tidal conditions can occur without warning and will affect the ease of ocean swimming, whereby there is a real risk of drowning.
9. You must at all times while using the Equipment, wear a life jacket which is properly fitted and secured.

Risks relating to Medical Conditions

10. You do not have a medical condition which might have the effect of making it more likely that you will be involved in an accident or otherwise sustain a serious injury or die.
11. Medical conditions which may limit or effect your ability to safely operate the Equipment includes (but are not limited to) epilepsy, muscle spasm, migraines, low blood pressure, high blood pressure, cardiac issues, spinal injuries and pregnancy.
12. If you have any of the above medical conditions, you must not participate in any Activities.

Risks relating to Alcohol or Drug Consumption

13. It is essential for your safety that you do not operate the Equipment while under the influence of alcohol, prescription medications or illicit drugs. Such substances impair your ability to properly operate the Equipment and may cause significant injury and death to you or others.

Waiver of risks of Serious Injury & Death

14. Risks of Injury & Death: You acknowledge and agree that you hire the Equipment, and participate in any related Activities, at your own risk and at your own free will, having regard at all times to the limitations of your skills and physical fitness. You acknowledge and agree that the nature of using the Equipment is inherently hazardous and dangerous and there are inherent risks to your personal safety when using the Equipment. The risks to your personal safety include, but are in no way limited to, the risk of bone fracture, joint dislocation, blood loss, skin loss requiring grafts, spinal injury, head injury, permanent disability including paraplegia and quadriplegia, brain damage, coma, and death. You assume all risks and liability arising from your use of the Equipment which may cause such injury to you or a third party, and release and agree to hold harmless Thrills & Chills from any claims for damages relating to any injury you or a third party suffer in connection with your use of the Equipment.

Waiver of risks of Damage to Property

15. Risks of Damage to Personal Property: You acknowledge and agree that the nature of using the Equipment is inherently hazardous and dangerous and there are inherent risks to your personal property when using the Equipment. The risks to your property, our property and third party property include, but are in no way limited to, the risk of damage to, loss of or destruction of jet skis, wetsuits, other sporting equipment, mobile phones, cameras, glasses, shoes, and any other items you have in your possession, or are in your vicinity, while using the Equipment. You assume all risks and liability arising from your use of the Equipment which may cause such damage to any personal property, and release and indemnify Thrills & Chills from any claims for damages relating to any loss of, damage to, or destruction of any personal property in connection with your use of the Equipment.

Liability Cap

16. To the maximum extent permitted by law, you agree that the maximum liability of Thrills & Chills to you for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise) arising under or in connection with this waiver:

1. is totally excluded, insofar as it concerns liability for indirect, special and consequential damages, and damages (whether direct or indirect) (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)); and
2. is limited, insofar as it concerns other liability, to the total amount paid to Thrills & Chills for the relevant Activity giving rise to the liability.  

Indemnity & Release

17. You hereby release and agree to indemnify, defend and hold harmless Thrills & Chills and its directors, employees, contractors and volunteers (Those Indemnified), from any and all claims or liabilities arising from or in connection with your participation in the Activities, including injury to you or a third party (including where that injury causes permanent disability), your death or the death of a third party, or loss of damage to your vehicle, any other vehicle or any property, regardless of whether those claims or liabilities were caused or contributed to by a negligent act or omission of Thrills & Chills or any third party, including other participants.
18. Nothing in this agreement is intended to limit the operation of the Competition and Consumer Act 2010 (Cth).

By signing below, you acknowledge and agree to the terms of this waiver:

Name: ____________________________________________________________________________________________

Date: _________________________ Date of birth: _________________________

Signed: ___________________________________________________________________________________________