
LIABILITY WAIVER
THIS LIABILITY WAIVER applies to recreational activities such as whale watching cruise, dolphin cruise, beach tours, surfing, swimming, winery tours and bushwalking, and to transport (the “activities”)The activities are provided by EDEN ELIZABETH GREEN trading as IN A DAY - JERVIS BAY or her permitted representatives and agents.
I, the undersigned, on behalf of myself and the person/s on whose behalf I have made the booking (“I” and “my”) acknowledge that I have been warned the activities carry with them potential risks including the risk of death, injury, illness and other damage to my person and property.I freely and voluntarily accept and assume all risks of booking with In A day, participating in the activities, and I confirm that:
- I am over the age of 18 years with full capacity to understand the warning, this waiver on my own behalf and provide my consent or I am the parent/guardian of a minor and have full capacity and authority to provide consent on their behalf.
- I have a level of fitness and proficiency sufficient to safely participate in the activities; and
- I am not aware of any medical condition which may preclude or limit my ability to participate in the activities.
In consideration for being permitted to participate in these activities, to the maximum extent permissible at law, I: waive, release, and discharge EDEN ELIZABETH GREEN trading as IN A DAY - JERVIS BAY from all liability for death, disability, illness, personal injury and property damage in any way arising out of participation in the activities and acknowledge that this waiver and release extends to her representatives and agents.will not hold you responsible for medical and hospital expenses, emergency repatriation, and claims for compensation arising from death, disability, illness, personal injury and property damageI acknowledge and intend that this waiver and release binds me, my executors, administrators, heirs and successors, and where applicable binds the persons on whose behalf I am booking and their executors, administrators, heirs and successors.
I consent to receive, or if applicable to the person/s on whose behalf I am agreeing, any reasonably appropriate medical treatment that may be deemed necessary or advisable by a certified first aid officer, registered paramedic, or medical practitioner in the event of any injury, accident or illness suffered while participating in the activities.
I consent to my/their participation in the activities being photographed or filmed and such images being used for any legitimate commercial purposes including marketing and social media posting by EDEN ELIZABETH GREEN trading as IN A DAY - JERVIS BAY or her permitted representatives