Indemnity Form Participant(Required) First Last Date Of Birth(Required)Day12345678910111213141516171819202122232425262728293031Month123456789101112Year202420232022202120202019201820172016201520142013201220112010200920082007200620052004200320022001200019991998199719961995199419931992199119901989198819871986198519841983198219811980197919781977197619751974197319721971197019691968196719661965196419631962196119601959195819571956195519541953195219511950194919481947194619451944194319421941194019391938193719361935193419331932193119301929192819271926192519241923192219211920Add more participants? YES NO Participant First Last Date Of BirthDay12345678910111213141516171819202122232425262728293031Month123456789101112Year202420232022202120202019201820172016201520142013201220112010200920082007200620052004200320022001200019991998199719961995199419931992199119901989198819871986198519841983198219811980197919781977197619751974197319721971197019691968196719661965196419631962196119601959195819571956195519541953195219511950194919481947194619451944194319421941194019391938193719361935193419331932193119301929192819271926192519241923192219211920Participant First Last Date Of BirthDay12345678910111213141516171819202122232425262728293031Month123456789101112Year202420232022202120202019201820172016201520142013201220112010200920082007200620052004200320022001200019991998199719961995199419931992199119901989198819871986198519841983198219811980197919781977197619751974197319721971197019691968196719661965196419631962196119601959195819571956195519541953195219511950194919481947194619451944194319421941194019391938193719361935193419331932193119301929192819271926192519241923192219211920Participant First Last Date Of BirthDay12345678910111213141516171819202122232425262728293031Month123456789101112Year202420232022202120202019201820172016201520142013201220112010200920082007200620052004200320022001200019991998199719961995199419931992199119901989198819871986198519841983198219811980197919781977197619751974197319721971197019691968196719661965196419631962196119601959195819571956195519541953195219511950194919481947194619451944194319421941194019391938193719361935193419331932193119301929192819271926192519241923192219211920Participant First Last Date Of BirthDay12345678910111213141516171819202122232425262728293031Month123456789101112Year202420232022202120202019201820172016201520142013201220112010200920082007200620052004200320022001200019991998199719961995199419931992199119901989198819871986198519841983198219811980197919781977197619751974197319721971197019691968196719661965196419631962196119601959195819571956195519541953195219511950194919481947194619451944194319421941194019391938193719361935193419331932193119301929192819271926192519241923192219211920Date(Required) DD slash MM slash YYYY Activity(Required)KayakingStand-Up PaddleboardingConsent(Required) I agreeI, the Participant, wish to participate in the Walkabout Creek Adventure Activity (named above), which is organised and conducted by Walkabout Creek Adventure Pty Ltd (Walkabout Creek Adventure). In consideration of Walkabout Creek Adventure allowing the Participant to participate in the Walkabout Creek Adventure Activity, the Participant agrees to be bound by the following terms and conditions: 1. The Participant acknowledges and agrees as follows: (a) I am participating in the Walkabout Creek Adventure Activity at my own risk. (b) I am participating in the Walkabout Creek Adventure Activity for the purposes of recreation, enjoyment or leisure, which involves obvious and inherent risks, including a degree of physical risk. (c) Conditions may be hazardous and vary without warning or prediction. Other participants may act dangerously or without skill. My property may be damaged, lost or destroyed. (d) Under the Civil Liability Act 2003 (Qld), Walkabout Creek Adventure, its associated or related entities, or any director, employee, servant, agent or volunteer (collectively, Walkabout Creek Adventure’s “Associates”) will not be liable for any loss or harm suffered by me due to the materialisation of an obvious and/or inherent risk arising from my participation in the Walkabout Creek Adventure Activity. (e) I am participating in the Walkabout Creek Adventure Activity freely, voluntarily and at my own risk with full appreciation of the nature and the extent of all risks and requirements involved in the Walkabout Creek Adventure Activity. (f) Walkabout Creek Adventure may end my involvement in the Walkabout Creek Adventure Activity or refuse to allow me to participate in the Walkabout Creek Adventure Activity if Walkabout Creek Adventure considers in its absolute discretion that I am or may act in a way which is unsafe or reckless. 2. The Participant warrants as follows: (a) I am in good health. (b) Immediately prior to and at all times during the Walkabout Creek Adventure Activity I am not and will not be under the influence of alcohol or drugs whatsoever. (c) I am free from any injury, medical condition (including pregnancy, heart condition or seizure), disability, disease or illness which may be aggravated by participation in the Walkabout Creek Adventure Activity, or may affect or interfere with my ability to engage in the Walkabout Creek Adventure Activity. (d) I am confident that my health and safety and that of other participants will not be put at risk by my taking part in the Walkabout Creek Adventure Activity. (e) I will make Walkabout Creek Adventure aware if I have any current medical condition that may affect or limit my ability to participate in the Walkabout Creek Adventure Activity. 3. The Participant agrees to do the following: (a) Act in a safe manner at all times and be considerate of Walkabout Creek Adventure, its Associates and the other participants. (b) Seek assistance in the event I find myself in difficulty during the Walkabout Creek Adventure Activity, including if I develop any medical conditions or injuries. (c) Abide by all rules and regulations established by Walkabout Creek Adventure and any direction of any Associate regarding the use of Walkabout Creek Adventure’s facilities, equipment and services, including the Walkabout Creek Adventure Activity. (d) Use the personal protective equipment provided for the Walkabout Creek Adventure Activity. (e) Consent to Walkabout Creek Adventure’s promotional use of my image whilst participating in the Walkabout Creek Adventure Activity, using Walkabout Creek Adventure’s equipment or on Walkabout Creek Adventure’s property. I will make Walkabout Creek Adventure aware if I have any objection to this Item 3(e). 4. The Participant indemnifies and will keep Walkabout Creek Adventure and its Associates indemnified from and against all actions, suits, proceedings, claims, liabilities, demands, costs, losses, damages and expenses of whatsoever nature and howsoever occurring, brought against Walkabout Creek Adventure or its Associates by the Participant or by any other person or which Walkabout Creek Adventure or its Associates may themselves pay, suffer, or sustain, arising directly, indirectly or in any other way connected with the Participant participating in the Walkabout Creek Adventure Activity, whether in contract, tort (including negligence), breach of statutory duty or otherwise. This indemnity applies irrespective of any negligence on the part of Walkabout Creek Adventure, its Associates or any other person. 5. This agreement may be pleaded as a bar by Walkabout Creek Adventure and its Associates to any action, suit, proceeding, claim, liability, demand, costs, losses, damages and expenses made by the Participant or anyone claiming by, through or under the Participant howsoever arising out of or in connection with the Participant participating in the Walkabout Creek Adventure Activity. 6. Certain legislation, including the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 1989 (Qld), may imply or impose warranties or terms into any agreement between Walkabout Creek Adventure and the Participant, which cannot be excluded restricted or modified except to a limited extent. To the extent allowed by any such legislation or otherwise at law, Walkabout Creek Adventure and its Associates limit their liability to, at Walkabout Creek Adventure’s sole discretion, supplying the services again, or the payment of the cost of having the services supplied again. 7. The Participant expressly agrees this agreement shall be construed and take effect in accordance with the laws of Queensland and Australia for the time being in force. 8. All of the clauses in this agreement are to be construed individually, and in the event that any provision or part thereof becomes invalid or unenforceable or be otherwise severed from this agreement, then the remaining clauses will remain valid and enforceable. 9. Where the Participant is under the age of 18 years or otherwise under a legal disability, the below-signed Legal Guardian enters into this agreement on behalf of the Participant. By signing this agreement, the Legal Guardian: (a) warrants all statements made in this agreement with respect to the Participant are true, complete and accurate; (b) indemnifies and will keep Walkabout Creek Adventure and its Associates indemnified for any breach of a statement in this agreement made with respect to the Participant; and (c) indemnifies and will keep Walkabout Creek Adventure and its Associates indemnified from and against all actions, suits, proceedings, claims, liabilities, demands, costs, losses, damages and expenses of whatsoever nature and howsoever occurring, brought against Walkabout Creek Adventure or its Associates by the Participant or by any other person or which Walkabout Creek Adventure or its Associates may themselves pay, suffer, or sustain, arising directly, indirectly or in any other way connected with the Participant participating in the Walkabout Creek Adventure Activity, whether in contract, tort (including negligence), breach of statutory duty or otherwise. This indemnity applies irrespective of any negligence on the part of Walkabout Creek Adventure, its Associates or any other person. Are you filling this form out for a minor in your care (Under 18 Years of Age)(Required) YES NO Parent or Legal Guardian(Required) First Last Consent(Required) I agree to the following Terms & Conditions and that all the information provided is true to the best of my knowledge.By signing this agreement, the Participant (and if applicable, the Legal Guardian) acknowledges the following: 1. I have read and understood and agreed to be bound by the above terms and conditions. 2. Participation in the Walkabout Creek Adventure Activity is voluntary and subject to risks. 3. I will follow the directions of Walkabout Creek Adventure and its Associates during the course of the Walkabout Creek Adventure Activity. 4. I understand I waive my right to sue Walkabout Creek Adventure and its Associates for any losses relating to personal injury or other loss that results from my participation in the Walkabout Creek Adventure Activity, including from Walkabout Creek Adventure’s negligence.
