TERMS & CONDITIONS

ACCEPTANCE OF RISK AGREEMENT AND RELEASE

Acknowledgement:

By signing this document or by ticking the “I agree to the terms and conditions” checkbox, I acknowledge that:

• Kayaking, surfing, quad riding, vehicle, walking, sandboarding, tobogganing and / or other activities or tours involve a risk of serious physical injury;
• I am aware of the dangers associated with kayaking, surfing, quad riding, vehicle, walking, sandboarding, tobogganing and / or other activities or tours;
• I have read the terms and conditions in this Acceptance of Risk Agreement and fully understand them;
• I am giving up substantial rights by signing this document;
• I agree to comply with the terms and conditions of the Lost and Damage Policy;
• I have signed this document freely and voluntarily.

LOSS AND DAMAGE POLICY

Full credit card details are required to be held as security with the hire of any product. These details will be held against damage to or theft of the equipment. The details will be handed back to you or destroyed when the equipment is returned in good order.

I agree that the equipment is in good condition at the time of hire and will return it in the same condition at the conclusion of the hire period.

I accept that I am responsible for any damage incurred to the equipment during participation in this activity, and agree to pay the full cost of any repairs required. If damage is deemed to be wilful, additional charges will be incurred for loss of income due to that equipment being unavailable for hire.

In the event of loss or damage I agree to my credit card being charged for the cost of replacement or repair. Failure to return the equipment at the end of the hire period will incur replacement cost.

The kayaking, surfing, quad riding, vehicle, walking, sand boarding, tobogganing and / or other activities or tours conducted by Kangaroo Island Outdoor Action involve some degree of physical risk. In consideration of being allowed to participate in the activities conducted by Kangaroo Island Outdoor Action and by signing the acceptance of risk and release set out below, you agree to:

• accept the inherent risk of the kayaking, surfing, quad riding, vehicle, walking, sand boarding, tobogganing and / or other activities or tours;
• release Vivonne Enterprises Pty Ltd ATF Action Link Trust trading as Kangaroo Island Outdoor Action and its staff and management (referred to in this document inclusively as ” Kangaroo Island Outdoor Action “) from any liability for your death, personal injury, trauma, loss or damage to the full extent allowed by law;
• indemnify Kangaroo Island Outdoor Action from any loss, damage or injury caused by your failure to comply with the rules of and/or directions given by Kangaroo Island Outdoor Action,
• indemnify and release from any liability all the owners and tenants of private property traversed during the activities and their respective officials, servants, agents or any other driver or person.

ACCEPTANCE OF RISK AND RELEASE

In exchange for being permitted to participate in activities conducted by Kangaroo Island Outdoor Action:

Risk of Injury, Death or Loss

• I agree to accept all risks associated with the activity including the possibility of injury, death, trauma, loss or damage;
• I agree and acknowledge that, to the fullest extent permitted by law, Kangaroo Island Outdoor Action is not liable for any injury, death, trauma, loss or damage suffered by me arising from my participation in the activities;
• I release Kangaroo Island Outdoor Action from all claims in respect of injury, death, trauma loss or damage and indemnify Kangaroo Island Outdoor Action against all claims made by or on behalf of any other person.

Medical or Other Conditions

• I acknowledge that the pre-existing medical or other conditions disclosed to Kangaroo Island Outdoor Action (in the space provided above) are the only conditions that may affect my ability to participate in the activities or increase the risk of injury, death, trauma, loss or damage to myself or some other person and that Kangaroo Island Outdoor Action has relied on the information.

Alcohol or Mind-Altering Substances

• I acknowledge and fully understand the dangers to myself and other persons associated with the consumption of alcohol or mind-altering substances before or during the activities conducted by Kangaroo Island Outdoor Action and accept full responsibility for any injury, trauma, loss or damage to myself or other persons arising out of my consumption of alcohol or mind-altering substances.

Obey Rules and Directions

• I agree to obey and comply with all rules and directions made or given by Kangaroo Island Outdoor Action in connection with the kayaking, surfing, quad riding, vehicle, walking, sand boarding, tobogganing and / or other activities or tours.
• I acknowledge and accept that if I do not comply with the rules and/or directions I will not be permitted to commence or continue with the activities and that I will not be entitled to a refund of any moneys paid by me to Kangaroo Island Outdoor Action.

Kangaroo Island Outdoor Action.

• I acknowledge that Kangaroo Island Outdoor Action reserves the right to refuse permission for any person to ride where, in the opinion of Kangaroo Island Outdoor Action, any safety standards could be compromised. The decision of Kangaroo Island Outdoor Action on these matters is final and no refund applies.

Damage to Equipment

• Full credit card details are required to be held as security with the hire of any product. These details will be held against damage to or theft of the equipment. The details will be destroyed when the equipment is returned in good order.
• I agree that the equipment is in good condition at the time of hire and will return it in the same condition at the conclusion of the hire period.
• I accept that I am responsible for any damage incurred to the equipment during participation in this activity, and agree to pay the full cost of any repairs required. If damage is deemed to be wilful, additional charges will be incurred for loss of income due to that equipment being unavailable for hire.
• In the event of loss or damage I agree to my credit card being charged for the cost of replacement or repair.
• Failure to return the equipment at the end of the hire period will incur replacement cost.

Report Injuries

• I agree to report to Kangaroo Island Outdoor Action all accidents, injuries, loss or damage suffered by me or caused by me in relation to the activities within one hour of completing the activities. Evacuation
• If I suffer any injury or illness I consent to Kangaroo Island Outdoor Action providing/organising such rescue, evacuation, first aid and medical treatment as Kangaroo Island Outdoor Action in its complete discretion considers necessary and at my expense.

Form 1—Recreational services—Exclusion, restriction or modification of rights under the Australian Consumer Law (SA)

Your rights:

Under sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies you with services (including recreational services1), there is—

• a statutory guarantee that those services will be rendered with due care and skill; and
• a statutory guarantee that those services, and any product resulting from those services, will be reasonably fit for the purpose for which the services are being acquired (as long as that purpose is made known to the supplier); and
• a statutory guarantee that those services, and any product resulting from those services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes to achieve (as long as that wish is made known to the supplier or a person with whom negotiations have been conducted in relation to the acquisition of the services).

Excluding, restricting or modifying your rights:

Under section 42 of the Fair Trading Act 1987, the supplier of recreational services is entitled to ask you to agree to exclude, restrict or modify his or her liability for any personal injury suffered by you or another person for whom or on whose behalf you are acquiring the services (a third party consumer).

If you sign this form or agree to the terms and conditions by ticking the online checkbox, you will be agreeing to exclude, restrict or modify the supplier’s liability with the result that compensation may not be payable if you or the third party consumer suffer personal injury2.

Important

You do not have to agree to exclude, restrict or modify your rights by signing this form. The supplier may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by signing this form. Even if you sign this form, you may still have further legal rights against the supplier. A child under the age of 18 cannot legally agree to exclude, restrict or modify his or her rights. A parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child’s rights.

Agreement to exclude, restrict or modify your rights:

I agree that the liability of Vivonne Enterprises Pty Ltd ATF Action Link Trust trading as Kangaroo Island Outdoor Action and its staff and management for any personal injury that may result from the supply of the recreational services that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) is excluded.

Definitions

1. Recreational services are services that consist of participation in—

• a sporting activity or similar leisure-time pursuit; or
• any other activity that involves a significant degree of physical exertion or risk and is undertaken for the purposes of recreation, enjoyment or leisure.

2. Personal injury is bodily injury and includes mental and nervous shock and death. Further information: Further information about your rights can be found at www.ocba.sa.gov.au.