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Although we try hard to
protect our clients from death, injury, maiming etc, (*****smiles ****
it's bad for business if we kill too many people, and we really do hope
that you have the most wonderful time of your life) , You must be fully
aware that Lorella is an extremely remote area and does not offer the
normal safety and protection which is found in cities or even country
towns. Any visit or undertaking here is not without its inherent risks, and YOU
accept FULL responsibility and hold us safe from any actions by yourself
or Third Parties on your behalf.
IF YOU DO NOT
ACCEPT THESE CONDITIONS - DO NOT ENTER LORELLA SPRINGS STATION.
You will be in an area that is known to have risks from crocodiles,
sharks, stingers, snakes, spiders, scorpions, insects, bulls, buffaloes,
wild animals, cyclones, drowning from too much water, dying from lack of
water, falling rocks, falling from rocks, falling from vehicles and
many, many other dangers too numerous to mention. You will be 1000 km
from Darwin hospital, with little or no communication with the outside
world.
IT IS A
CONDITION THAT IF YOU COME TO LORELLA SPRINGS STATION, YOU MUST USE YOUR
OWN COMMON SENSE AND YOU ARE TOTALLY RESPONSIBLE FOR ANY MISHAPS THAT
MAY OCCUR TO YOU AND YOUR POSSESSIONS, WHETHER DUE TO THE NEGLIGENCE OF
THE COMPANY OR OTHERWISE.
ASSUMPTION OF RISK FORM
Description of Activity: Outback Adventure To Lorella Springs Station
(the OPERATOR)
NOTE: Section 74 of the Trade Practices Act ("the Act")
implies a warranty of due care and skill into contracts for the supply
of services to consumers, as defined in the Act. To the extent that the
warranty applies to any contract relevant to the Release and waiver of
Liability, it is hereby excluded.
1. The CUSTOMER must disclose any pre-existing medical or other
condition that may affect the risk that either the CUSTOMER or any other
person will suffer injury, loss or damage.
2. The CUSTOMER acknowledges that the OPERATOR relies on the information
provided by the CUSTOMER, and the CUSTOMER states that all such
information is accurate and complete.
3. The CUSTOMER understands and acknowledges the dangers associated with
the consumption of alcohol or any mind altering substance before or
during the described activity, and the CUSTOMER accepts full
responsibility for injury, loss or damage associated with the
consumption of alcohol or any other mind altering substance.
4. The CUSTOMER agrees with the OPERATOR that the CUSTOMER will obey and
will comply with all rules and directions made or given by the OPERATOR
in connection with the described activity. If a CUSTOMER fails to comply
with the OPERATORS rules and/or directions, the CUSTOMER will not be
permitted to continue the described activity, and no refund will be
given.
5. The CUSTOMER accepts all risks associated with the activity,
including the possibility of injury, death, loss or damage.
6. The CUSTOMER agrees to indemnify the OPERATOR against all claims made
by any other person or company against the OPERATOR in respect of any
injury, loss or damage of the CUSTOMER.
7. The CUSTOMER agrees and acknowledges that, to the extent permitted by
law, the OPERATOR shall not be liable for any injury, loss or damage
suffered by the CUSTOMER or by any other person, arising from or in
connection with the CUSTOMER'S participation in the activity, whether
such injury, loss or damage was caused directly or indirectly by the
negligence of the OPERATOR or otherwise, or by the OPERATOR'S servants
or agents. The CUSTOMER hereby releases the OPERATOR from all such
claims, and indemnifies the OPERATOR against all claims made by or on
behalf of any other person.
8. To the extent permitted by law, the CUSTOMER acknowledges and agrees
that all warranties, covenants and stipulation's are hereby excluded.
9. All accidents, injuries, loss or damage must be reported by the
CUSTOMER to the OPERATOR before the CUSTOMER leaves the OPERATOR'S
property/tour.
10. If the CUSTOMER suffers any injury or illness, the CUSTOMER agrees
that the OPERATOR may provide evacuation, first aid and medical
treatment at the CUSTOMER'S expense, and the CUSTOMER'S acceptance of
these terms and conditions constitutes the CUSTOMER'S consent to such
evacuation, first aid and/or medical treatment.
11. Because of the remoteness of this Adventure, the OPERATOR can not be
held responsible for any losses the CUSTOMER may suffer by missing any
connections or other pre-booked reservations.
12. Although the OPERATOR makes his best endeavours, the OPERATOR may
change any tour destination, content, or timing to fit in with weather
conditions, mechanical failures, participant ability or other conditions
and no refund will be given.
13. In the case of children under the legal age the parent/custodian
takes full responsibility for them and agrees fully to these conditions
on their behalf.
14. In the event that the CUSTOMER breaks down, becomes lost, does not
return to the camping area at an agreed time, or needs his vehicle to be
towed or salvaged, such that a recovery operation needs to be mounted,
then the CUSTOMER will be fully responsible for the losses and costs
incurred by the OPERATOR.
15. All firearms brought to the property will need to either be
surrendered to the OPERATOR, or their firing mechanism left with the
OPERATOR until leaving the property.
16. The OPERATOR reserves the right to disembark at any place where
other transport is available any CUSTOMER who acts in an abusive, disruptive or otherwise antisocial
manner and any cost to the OPERATOR will be born by the CUSTOMER.
17. Conditions in this contract that may be found to be outside of
governing laws shall not void this contract, but the contract shall be
read in the OPERATORS favour, to the maximum as permitted by those laws.
Even if the customer does not sign this form, by visiting Lorella Springs Station
(the property), the
customer agrees to these terms and conditions.
It is strongly
recommended that the CUSTOMER visit his doctor prior to the visiting
Lorella Springs Station and carry their own first aid kit, prescribed medicines and broad spectrum antibiotics suitable
to the CUSTOMER, to meet any emergencies that may arise. Our Adventures
can be extreme and physically challenging. You will be responsible for
your own safety.
YOU WILL BE A LONG WAY FROM OUTSIDE HELP.
Feb 2002
I HAVE READ
AND UNDERSTAND THIS ASSUMPTION OF RISK AGREEMENT
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