NOOSA BLUEWATER CHARTERS –
FISHING INDEMNITY, WAIVER & RELEASE OF LIABILITY

IMPORTANT NOTICE – PLEASE READ AND UNDERSTAND THE TERMS AND CONDITIONS BELOW – THE TERMS AND CONDITIONS SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS

This indemnity, waiver and release of liability (“waiver”) applies in addition to any other documents that form the agreement between you and Noosa Bluewater Charters

This involves the Operator supplying “recreational services” as that term is defined in section 139A of the Competition and Consumer Act 2010 (Cth). 

1. ACKNOWLEDGEMENT OF RISK 

I acknowledge that participation in offshore fishing charter activities (“the activities”) is a “dangerous recreational activity” for the purposes of the Civil Liability Act 2003 (Qld) (‘the CLA’) irrespective of whether the definition of dangerous recreational activity under the CLA applies, and that the activities involve a significant risk of personal injury or death. 

I also acknowledge that the activities concern the supply to me of “recreational services” as that term is defined in section 139A of the Competition and Consumer Act 2010 (Cth). 

Personal injury is defined in this waiver as including but is not limited to: physical injury, aggravation/exacerbation of any pre-existing conditions (whether previously symptomatic or otherwise), mental/psychiatric/psychological injury, mental anguish, disappointment, distress, and/or loss of expectation of life. 

I understand and acknowledge that these risks include, but are not limited to personal injury, death and/or property damage or loss arising from, out of, through, or in connection with:  

• Rough seas, swells, strong currents, and unpredictable ocean conditions. 
• Vessel movement including sudden motion, rolling, pitching, or impact. 
• Seasickness / motion sickness. 
• Slips, trips, and falls on wet or unstable surfaces or due to the movement of the vessel. 
• Slips and falls on wet surfaces including but not limited to on the boat, jetties, docks, sand or rocks.
• Slips and falls on uneven surfaces including but not limited to on the boat, or jetties, docks, sand or rocks. 
• Slips and falls when getting on or off the boat.
• Collisions involving other vessels, rocks, sandbanks, sand bars, submerged objects, anchor chains, fishing lines, fishing tackle, other water users, navigational aids, and/or channel markers
• Falling overboard. 
• Drowning. 
• Hypothermia. 
• Fishing equipment, hooks, fishing tackle, gaffs, knives, winches, or fish handling.
• Interaction with marine life.  
• The acts or omissions of other participants or crew. 
• Weather events including storms, lightning, wind, and/or extreme heat exposure irrespective of the weather conditions or the weather forecast at the commencement of the activities. 
• Delays in rescue or emergency medical assistance due to the offshore location of the activities.

(together “the risks”)

I voluntarily accept and assume the risks and that the risks may result in personal injury, property loss, property damage or death arising out of, through or in connection with the activities.

2. ASSUMPTION OF RISK

I acknowledge and agree that:

• Participation in the activities is entirely voluntary. 
• I assume full responsibility for my safety and any minors for whom I am the legal guardian. 
• I accept the risks whether foreseeable or not at the time the activities commence. 
• I accept the risks whether foreseeable or not during the activities. 
• I accept the risks whether caused by known or unknown hazards.
• I understand risks may arise from the negligence of others, including the acts or omissions of other participants during the activities, and/or other third-party operators of vessels or watercraft. 

3. INDEMNITY

I hereby indemnify, release and/or hold harmless Noosa Bluewater Charters, its directors, employees, agents, sub-contractors, contractors, vessel operators, and/or crew (“Indemnified Parties”) from and against all claims, demands, actions, liabilities, losses, damages, costs, or expenses (including legal costs on a full indemnity basis) arising out of, through or in connection with the activities, including in relation to the following losses irrespective of whether the losses arise from the manifestation of the risks or otherwise:

• personal injury or death.
• property damage or loss.
• pure economic loss.
• economic loss.
• consequential loss. 

I agree that this indemnity applies irrespective of any acts or omissions, negligence, and/or breach of contract by either the Indemnified Parties, myself and/or the other participants in the activities.

I also agree that this indemnity operates to exclude any liability for any breach of any guarantees under the Australian Consumer Law to the maximum extent permitted by section 139A of the Competition and Consumer Act 2010 (Cth).  

4. WAIVER

To the maximum extent permitted by law, I waive any rights that I have or may have against the Indemnified Parties to bring any claims, demands, actions, liabilities, losses, damages, costs, or expenses arising out of, through or in connection with the activities including in relation to the following losses irrespective of whether the losses arise from the manifestation of the risks or otherwise:

• personal injury or death. 
• property damage or loss.
• pure economic loss. 
• economic loss. 
• consequential loss. 

I agree that this waiver applies irrespective of any acts or omissions, negligence, and/or breach of contract by either myself the Indemnified Parties and/or the other participants in the activities.

I also agree that this waiver operates to exclude any liability for any breach of any guarantees under the Australian Consumer Law to the maximum extent permitted by section 139A of the Competition and Consumer Act 2010 (Cth).

4. EXCLUSION OF LIABILITY

I agree and acknowledge that the Indemnified Parties are not liable for personal injury, property loss or property damage arising from any acts or omissions of the Indemnified Parties excluding any liability for breach of any guarantees under the Australian Consumer Law to the maximum extent permitted by section 139A of the Competition and Consumer Act 2010 (Cth).

5. SAFETY AUTHORITY & OPERATOR CONTROL

I acknowledge that:

• The skipper has absolute authority over vessel safety and vessel operation
• All instructions must be followed immediately
• The skipper may terminate my participation at any time for safety reasons
• Removal from the vessel may occur without refund

7. FITNESS TO PARTICIPATE

I confirm that:

• I am physically and mentally fit to participate in the activities
• I am not under the influence of drugs or alcohol
• I will not become affected or impaired by drugs or alcohol during the activities
• I will disclose any medical condition affecting my ability to participate in the activities
• I accept responsibility for my own medical needs

8. WEATHER, SEA CONDITIONS & VARIATION

I acknowledge that:

• Weather and sea conditions are inherently unpredictable
• The skipper may alter the itinerary, delay departure, or return to shore at any time
• Safety decisions are final and binding

9. PHOTOGRAPHY & MEDIA RELEASE

I consent to the use of photographs or video taken during the charter for promotional purposes unless I notify staff prior to departure in writing.

10. CANCELLATION & LIMITATION OF LIABILITY

I acknowledge that the operator is not responsible for any economic loss, pure economic loss, direct losses, indirect losses or consequential losses including:

• travel expenses
• accommodation
• lost time or wages
• third-party costs

Trips may be cancelled due to weather, safety concerns, or regulatory requirements.

11. SEVERABILITY

If any term or provision of this waiver, or if part of any term or provision of this waiver is illegal, unenforceable or invalid, that term or provision (or part thereof) is to be treated as removed from this waiver and the rest of this waiver is not affected. 

12. GOVERNING LAW

This waiver is governed by the laws of Queensland.

ACKNOWLEDGEMENT

I confirm that I have read and understood this waiver, had the opportunity to ask questions, and agree to its terms and conditions freely and voluntarily.

I confirm that I have legal capacity to enter into this waiver. 

I acknowledge I do not have any pre-existing medical conditions including neck/back injuries or any other medical conditions that may affect my ability to participate in the activities.