You will need to read, understand and tick the box for the agreement and waiver conditions below.
Bruthen Outdoor Gear Assumption of Risk, Waiver and Release of Liability
Conditions of Hire and Use
- 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
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 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.
