DEED OF DISCHARGE, RELEASE & INDEMNITY
1 THE PARTICIPANT CONVENANTS & AGREES WITH THE FOLLOWING RULES, TERMS & CONDITIONS:
The Participant agrees to abide by the rules of Perentie Tours (PT) at all times when present with PT Venues.
(a) No projectiles are to be thrown, kicked or otherwise made air-born by the Participant.
(b) No Participant shall engage in:
1) Skylarking; or
2) Reckless behaviour; or
3) Foolish behaviour; or
4) Any other behaviour likely to cause injury to themselves, other Participants, employees or agents of PT or any other person whatsoever; or
5) Any other behaviour which PT deems in its absolute discretion to be unacceptable.
c) PT may require any participant engaging in unacceptable behaviour to leave a PT Venue
d) Each Participant must remain within the designated boundaries of any PT Venue at all times.
e) Each Participant will be required to wear the following:
1) Appropriate footwear and clothing;
2) All other safety devices that PT may require the Participant to wear;
f) Any Participant who is unable or refuses to comply with any rule(s) will not be permitted to participate in the PT Tour;
g) Any Participant injured, or observing another Participant to be injured, shall immediately notify PT staff of the incident.
2 ACKNOWLEDGEMENT OF RISK
The Participant acknowledges that the Perentie Tours tour is engaged in enjoyment, relaxation and leisure of the Participant and involves a degree of risk of physical and non-physical harm to the Participant. The Participant acknowledges and agrees that the activities involved in
and ancillary to the PT Tour, including but not limited to the Tour Risks, are ‘dangerous recreational activities’ for the purpose of Chapter 2, division 1, Part 4 of the Civil Liability Act 2003. The Participants been advised of the risks, including but not limited to the Tour Risks, associated with the PT Tour and voluntarily chooses to participate in the PT Tour fully accepting the materialisation of such risks may
cause personal injury, death or property damage.
3 WAIVER, RELEASE AND DISCHARGE
The participant releases, discharges, waives and forever holds harmless PT from All Claims for Any Loss sustained by the Participant
whether caused by PT’s negligent act or wilful act or omission, breach of contract, breach of statutory duty or otherwise in connection
With a PT Tour.
The Participant acknowledges that PT may Photograph the Participant while participating in the PT Tour or being present at a PT Venue.
All rights, title and interest in such Photographs shall revert and vest wholly in PT. BY placing your initials here …………, the Participant declines to consent to PT Publishing any Photographs or part thereof, for the sole purposes of marketing for the benefit and promotion of
PT and PT Tours.
The Participant indemnifies PT against All Claims for Any Loss sustained by the Participant whether caused by PT’s negligent act or wilful
act or omission, breach of contract, breach of statutory duty of otherwise in connection with a PT Tour.
6 WARRANTY AS TO AGE
(a) By personally executing this Deed, The Participant warrants that he or she is at least of eighteen (18) years of age.
(b) Where this deed is executed by a parent, guardian or person for and on behalf of the Participant, the person so executing warrant
that he or she has authority to do so and as such parent, guardian or other person agrees to indemnify PT in terms of the indemnity
contained in clause 4 of this Deed.
7 BAR TO ACTION
The Participant of this Deed may be pleaded as a bar to any action, suit or proceedings taken at any time by the Participant against PT
arising out of or as a consequence of an PT Tour or any incidental activities.
The Participant must keep the terms of this Deed strictly confidential and no disclosure of the terms of this Deed is to be made by the Participant other than for the purpose of obtaining legal advice.
9 BINDING ON SUCCESSORS
This Deed binds the heirs, administrators, executors, personal representatives, dependants (if any) and the successors of the Participant
and ensures for the benefit of PT and its successors and assigns.
In this Deed unless inconsistent with the context or subject matter:
“All Claims” means all claims, actions, suits, demands, damages, interest and costs arising out of or as a consequence of any PT Tour, including and incidental activity;
‘Any Loss” means and loss, damage or injury to person (including the Participant) or property including but not limited to:
(a) Any damage or injury occasioned to a Participant, howsoever including without limitation, by:
1) Any Tour Risks;
2) Any logs, trees and branches or any pert thereof;
3) Any rocks, falling boulders or stones;
4) Any rivers, creeks, streams or any other body of water existing at a PT Venue;
5) Any snakes, spiders or any other wildlife whatsoever;
6) Other Participants;
7) Any other activities or equipment
8) Any equipment to the Participant by PT in connection with a PT Tour;
9) or otherwise arising out of the Participants in a PT Tour; or
(b) Any damage or injury occasioned to a Participant whatsoever including without limitation as a result of a Participant:
1) Slipping on rocks, boulders, logs, trees. Land or other substances; and/or
2) Falling over; and/or
3) Becoming lost or disorientated,
Whether caused by negligence, accident, another Participant, flora or fauna or however otherwise caused.
“Participant” means Full name:……………………………………………….
“Perentie Tours” means Gary Bondeson Trading as Perentie Tours Qld ABN 74363226006 and its agencies, suppliers,
distributors, servants, employees, agents, representatives, directors, and officers;
“Photograph/s” means, without limitation, any photograph, sound recording or television broadcast or online transmission.
“PT” means Perentie Tours;
“PT Tours” means any tour conducted in Far North Queensland involving, but not limited to:
(a) walking through rainforest, properties, or other established locations such as public places and facilities;
(b) travelling by foot or vehicle from pick up locations and between PT Tour Venues.
“PT Venue/s” means the location at which any PT Tour is being operated;
“Publishing” means, in relation to a Photograph, communicating or otherwise making it available to the public by any communication
media now know or invented in the future.
‘Tour Risks” means the activities involved in and ancillary to the PT Tour involving a degree of risk including without limitation;
(b) exposure to natural elements which can be unpredictable and potentially harmful or fatal including uneven terrain,
slippery ground and bush tracks, storm, wind, heat, and flora and fauna including snakes and micro-organisms;
© remoteness in time, distance and/or accessibility of a PT Venue from any medical treatment facility;
(d) other risks of or incidental to PT Tours or activities to PT Tours.
EXECUTED AS A DEED
SIGNED SEALED AND DELIVERED by )…………………………………..
In the presence of (Witness) )…………………………………..
If the Participant is under 18, the Participant’s parent, guardian or other person must complete the required information and sign below;
SIGNED SEALED AND DELIVERED by )………………………………….
In the presence of (Witness) )………………………………….
If signing on behalf of a Participant, print relationship to Participant who warrants that he or she has authority to sign this Deed of Waiver, Discharge, Release and Indemnity on behalf of the Participant and agrees to indemnify PT in accordance with the indemnities contained
in this agreement.