I declare I am in good physical condition and fully able to participate in this boating tour and the activities associated with it including but not limited to snorkeling, scuba diving, kayaking, boating and beach based activities (Tour Activities). I am aware that there are inherent risks connected with the participation in Tour Activities which may result in serious injury or death or damage to property. I understand and agree that neither Sail Ningaloo Pty Ltd (ACN 138 962 571), Ningaloo Sailing Adventures, or the owners, their officers, servants, agents, and employees (hereinafter referred to as Sail Ningaloo) may be held liable or responsible in any way for any injury, death or other damages including property damage to me, my family, estate heirs or assigns that may occur as a result of my participation in the Tour Activities or as a result of the negligence of any party including Sail Ningaloo.
In consideration of being allowed to participate in the Tour Activities I hereby assume the risks, release and waive the liability of Sail Ningaloo and provided the indemnities in this Liability Release & Assumption of Risk. I HEREBY VOLUNTARILY ASSUME ALL RISKS OF PARTICIPATING IN THE TOUR ACTIVITIES INCLUDING ANY LOSS, PROPERTY DAMAGE, OR PERSONAL INJURY INCLUDING DEATH ARISING OUT OF OR RELATED TO THE TOUR ACTIVITIES WHETHER CAUSED BY THE NEGLIGENCE OF SAIL NINGALOO OR OTHERWISE.
I HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE SAIL NINGALOO FROM ALL LIABILITY, INCLUDING LIABILITY FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, HOWSOEVER ARISING out of or related to my participating in any activity as part of the Tour Activities, or while going to/from or whilst upon the premises where the Tour Activities are conducted.
I HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS SAIL NINGALOO AND EACH OF THEM FROM ANY LOSS, LIABILITY, DAMAGE OR COST they may incur arising out of or related to my participation in the Tour Activities whether caused by their negligence or otherwise.
It is my expressed intent that this Liability Release & Assumption of Risk bind the members of my family and spouse, if I am alive, and my heirs, assigns, and personal representative, if I am deceased.
I confirm that I am of lawful age and legally competent to sign this Liability Release & Assumption of Risk on my own behalf and on behalf of any minor that I am parent or guardian. I HAVE READ THE LIABILITY RELEASE & ASSUMPTION OF RISK AND UNDERSTAND IT AND SIGN IT VOLUNTARILY without any inducement, assurance or guarantee. I further agree that if any provision of this Liability Release & Assumption of Risk is found to be unenforceable or invalid, that provision shall be severed from this Liability Release & Assumption of Risk and the balance shall, notwithstanding, continue in full legal force and effect.
