NOTE: Sunshine Sailing Australia does not accept paper waivers, please submit electronically.

SAILING RENTAL AGREEMENT, RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter referred to as the “Release Agreement”) BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT PLEASE READ CAREFULLY!

 I ACKNOWLEDGE THAT IT IS STRONGLY RECOMMENDED THAT I OBTAIN TRAVEL INSURANCE, AS SAILING IS DEPENDANT ON EXTERNAL FACTORS THAT OFTEN OUT OF THE CONTROL OF THE PROVIDER. 

 

Acknowledge Need for Travel Insurance

I STATE THAT I AM MEDICALLY, PHYSICALLY, AND MENTALLY CAPABLE OF MULTI-DAY SAILING.  I UNDERSTAND THAT IT CAN BE PHYSICALLY DEMANDING, AND EXHAUSTING. I UNDERSTAND THAT IT IS MY RESPONSIBILITY TO ENSURE THAT MY PHYSICAL CONDITION MEETS THE DEMANDS OF SAILING OVER MULTIPLE DAYS. I WILL NOTIFY THE SKIPPER OF THE VESSEL, BEFORE THE COURSE BEGINS, OF ANY MEDICAL, PHYSICAL, AND MENTAL ISSUES THAT MAY EFFECT MY PARTICIPATION IN SOME ELEMENTS OF THE COURSE  (e.g. back pain, any illness requiring prescription medication, high blood pressure, diabetes, heart issues, etc) 

TO: Project E2, PTY LTD operating Sunshine Sailing Australia, and its directors, officers, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors and assigns (all of whom are hereinafter referred as “the Releasees”)

DEFINITION

In this Release Agreement sailing of any type of vessel in any body of water, hereinafter “the Activities”, shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include, but is not limited to: still water sailing: ocean sailing; sailing in surf or moving water; rental of sailboats (hereinafter “vessels”),  and other equipment; orientation and instructional courses, seminars and sessions; and all travel, transport and accommodation; and other such activities, events and services in any way connected with or related to sailing or the rental of sailboats and/or equipment.

RENTAL AGREEMENT

I accept full responsibility for any equipment rented (“the Equipment”) and agree to pay for any damage to the Equipment and replace the Equipment at full retail value if not returned by the agreed date.

SAILING SAFETY

I acknowledge that I will not sail until I have been advised in the use of an approved personal floatation device while sailing and to carry other safety equipment as required for the journey. 

ASSUMPTION OF RISKS

I am aware that sailing and the rental of equipment involves many risks, dangers and hazards including, but not limited to: accidents which occur during transportation or travel to and from the put in; slip and falls while getting into or out of the boats; overturning of the boats; loss of balance; impact, collision with or entrapment by trees, logs, deadfall, boats or equipment; hypothermia; drowning, changing and inclement weather conditions including storms, high wind, high waves, and lightning; on land or camping hazards such as falling due to uneven terrain, unstable beach logs, slippery rocks, falling branches, campfire, pressurized cooking fuels and appliances, kitchen equipment, hot liquid; encounters with domestic or wild animals; mechanical failure of the equipment, negligence on the part of other participants; and NEGLIGENCE ON THE PART THE RELEASEES

AND THE EQUIPMENT MANUFACTURERS AND DISTRIBUTORS AND THEIR STAFF, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS AS A RESULT OF MY USE OF THE EQUIPMENT. 

I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH SAILBOATS AND THE RENTAL OF EQUIPMENT AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration of the RELEASEES agreeing to rent me paddle craft equipment and permitting my use of their services, equipment and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:

1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND THE EQUIPMENT MANUFACTURERS AND DISTRIBUTORS AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in sailing or use of the Equipment, DUE TO ANY CAUSE
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in the use of sail boats or the use of the Equipment;
3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity:
4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Queenlsand, Australia and no other jurisdiction; and
5. Any litigation involving the parties to this Release Agreement shall be brought solely before Courts in Brisbane, QLD and shall be within the exclusive jurisdiction of the Courts of Queensland.

WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF WARRANTY ON THE PART OF THE RELEASEES IN

RESPECT OF THE DESIGN, MANUFACTURE, SELECTION, INSTALLATION, MAINTENANCE, INSPECTION, SERVICE OR REPAIR OF THE

EQUIPMENT, or in respect of the provision of or the failure to provide any warnings, directions, instructions or guidance as to the use of the

Equipment;

In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in sailing sports or my use of the Equipment, other than what is set forth in this Release Agreement.

I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.

Please select who will be participating:

Participant's Address

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