Hire Agreement and Liability Waiver - Private Group Organiser

This form is for a private group organiser. If you are an individual (not the organiser) of a private group please fill out this form here.

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Hire Agreement and Liability Waiver - Private Group Organiser

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Agreement and Waiver

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 October 25th, 2021 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.

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 private group 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

Rafting can be physically demanding, a person undertaking a rafting activity should be fit and physically capable to lift and or drag the boat as required. You may need to exit the raft 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 a raft 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 Rafting 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 Rafting 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.




Please enter the name and age of each under 18 year old you are signing on behalf of. By signing you agree that you are the parent or guardian of the listed children OR have consent from the parent / guardian to sign on behalf of the listed children.

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I have read the waiver and fully understand the paragraphs above and by signing it, agree it is my intention to exempt and release Bruthen Outdoor gear from liability for personal injury, property damage or wrongful death caused by negligence or any other cause. I agree to reimburse Bruthen Outdoor Gear for any loss, breakages, or damage to the equipment whilst they are in my possession. If I have listed any children in my submission I agree to everything above on their behalf.


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