ACKNOWLEDGEMENT OF RISK AND DISCLAIMER OF LIABILITY

Some fields are required, please check.

In consideration for my participation in the activities referred to in the attached Itinerary (“Activities”), I hereby acknowledge and agree that: 

  1.  I am voluntarily participating in the Activities at my sole discretion and of my own free will; 
  2. I acknowledge that my participation in the Activities may result in my personal injury, death and/or loss or damage of my property; 
  3. I also acknowledge that the Activities could include dangerous recreational activities that involve a significant degree of obvious risk of physical harm that may materialise; 
  4. I agree to assume all dangers and risks that are inherent in, or which otherwise may arise from, my participation in the Activities, including but not limited to personal injury, death and/or property loss or damage, whether such risks are known or unknown to me or any other person; 
  5. I agree to forever discharge, release and hold harmless Townsville Enterprise Limited and its officers, directors, employees, volunteers, members, agents, contractors, assignees and successors (“Releasees”), jointly and severally, from and against any liability past, present or future from all claims, suits, demands, actions or proceedings arising out of or connected with my participation in the Activities, including but not limited to: 
    • Negligent acts or omissions of the Releasees; 
    • Personal injury or death; 
    • Loss, damage, theft, detention or conversion of property and personal belongings; and/or 
    • Breach of contract, 

 whether directly or indirectly in connection with the Activities. 

6.  I agree that neither I, nor my assignees, heirs, executors, administrators, guardians, next of kin, spouse, attorneys or legal representatives will make or commence any claim, suit, demand, action or proceeding in connection with the matters covered by paragraph (5) above. 

7.  If a tour, transfer, flight, or other pre-arranged activity require change or cancellation due to any reason outside of the control of Townsville Enterprise or the operator, that I will incur and liable for this cost. 

8.  I agree that travel insurance and car hire excess is at my expense.