Hire Agreement and Liability Waiver - School, Company or Organisation

You will need to read, understand and tick the box for the agreement and waiver conditions below.

Terms and Conditions of Hire Agreement

This Equipment Rental Agreement ("Agreement") is made on April 19th, 2024 between Paul Nichol of 213 Great Alpine Rd Bruthen, Victoria, 3885 (“Owner”) And the signer of this form below ("Hirer").

• The Owner is the proprietor of the equipment listed in the Schedule to this Agreement (“Equipment”).
• The Hirer will hire the Equipment specified in the Schedule from the Owner upon the terms and conditions in this Agreement.
• The Hirer agrees to return the Equipment to the address of the Owner on or before the end of the Hire Period as outlined in the Schedule Unless agreed otherwise.
• The Hire Fee must be paid to the Owner prior to or on the commencement date of the Hire Period.
• For bulk hire, a 20% deposit will be paid no later than 20 days prior to the Hire Period. If a refund is required due to cancelations, this will be strongly considered except where costs have been incurred.

Use, operation, and maintenance.

1. The Hirer agrees that the use of the Equipment carries with it, dangers and risks of injury and the Hirer agrees to accept all dangers and risks.
2. The Equipment must not be used by anyone other than the Hirer (organisation, school or company). The Hirer will use the Equipment in a careful manner and will respect the Equipment.
3. The Hirer will use the Equipment solely for the purpose for which it was designed and not for any other purpose.
4. The Hirer agrees to comply with all occupational health and safety laws relating to the use of the Equipment and related operations.
5. The Hirer agrees to wear a life jacket (as required by law) when paddling on any water.
6. The Hirer must ensure the Equipment is returned cleaned and without any damage to the Owner. In the event that the Equipment is not clean when returned to the Owner, the Hirer will pay the Owner the reasonable costs for cleaning the Equipment.

Disclaimer

To the extent permitted by law, the Owner disclaims all liability for and does not give any warranties to the Hirer as to the condition of the Equipment.

Repossession. The Owner may retake possession of the Equipment if the Hirer breaches any provision of this Agreement, notwithstanding anything else contained in this Agreement.

You are not buying the Equipment. Do not sign this Agreement before you read it. You are entitled to a completed copy of this Agreement when you sign it. Executed as an agreement For and on behalf of Paul Nichol.

Conditions of Hire

• You assume all responsibility for your own safety while on the water
• You are responsible for any loss or damage to equipment hired
• You are aware of your abilities while undertaking this activity
• You will monitor and supervise any children under the age of 12 years in your care
• You agree to wear the Australian standard PFD supplied while on the water
• You are not under the influence of drugs (other than prescribed by your GP)
• You are not under the influence of alcohol
• As the representative of your group, organisation, school or company, you agree to advise your group of these requirements of hire and participation

Bruthen Outdoor Gear Assumption of Risk, Waiver and Release of Liability

Risk

Paddling can be physically demanding, a person undertaking a Paddling activity should be fit and physically capable to lift and or drag the boat or Paddling equipment as required. You may need to exit the Paddling equipment and walk through the water on slippery, uneven rocks, sand, or mud. The water may be less than ten degrees.

You need to be prepared for exposure to extreme heat, cold, wind, and rain.

There are RISKS associated with the water-based activity you are about to engage in with the use of the equipment that you are about to hire from Bruthen Outdoor Gear. You agree that you fully understand and acknowledge that:

(a) outdoor water based recreational activities have inherent risks, dangers, and hazards
(b) participation in such activities and/or use of such equipment may result in injury
(c) these risks and dangers may be caused by the negligence of the owners or employees of Bruthen Outdoor Gear, the negligence of participants, accidents, breaches of contract, the forces of nature or other causes. Risks and dangers may arise from foreseeable or unforeseeable causes including, but not limited to weather or river conditions and water level, risk of falling out of or drowning while in Paddling equipment and such other risks, hazards and dangers that are integral to recreational activities that take place in an outdoor water based recreational environment. Bruthen Outdoor Gear only hires equipment on the understanding that each client acknowledges the risks involved and agrees to indemnify and reimburse Bruthen Outdoor Gear against any incident or omission that may adversely affect them or a third party or property during the hire.

• By my participation in these activities and/or use of equipment, I hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of Bruthen Outdoor Gear, or by any other person, including myself.
• I confirm that I am in good health, not under the influence of any drugs (other than prescribed medication) or alcohol of any kind and am capable of pursuing the sport of Paddling and that my participation in this activity is voluntary.
• I /We also agree to wear a properly secured approved personal flotation device (PFD), as provided, at all times.
• I accept full responsibility for all adults and children accompanying me during the activity or participating in the program I am coordinating.
• I, on behalf of myself, my personal representatives hereby voluntarily agree to release, discharge and indemnify Bruthen Outdoor Gear, its owners and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of Hire equipment or premises or my participation in Paddling activities. I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have at the present time or in the future for the negligent acts or other conduct by the owners, or employees of Bruthen Outdoor Gear.