TO: DGBR TOURS PTY LTD. (hereinafter referred to as “the OPERATOR”)DEFINITIONIn this agreement the term “Activities” shall include all activities in any way related to the excursions,adventures and exploration organized for me by the Operator, including, but not limited to, 4WD driving,orientation and instruction sessions, transportation and travel to and from the destination, kayaking,snorkeling, scuba diving, c-breathing, fishing, surfing, hiking, windsurfing, caving, and activities of any naturewhatsoever, whether or not undertaken under the supervision of or in the presence of the Operator.ACKNOWLEDGEMENT – ACTIVITY SAFETY- I understand and acknowledge that the Activities may involve physical exertion, which may result in injury oraggravation of pre-existing physical injuries, conditions, symptoms or congenital defects to the participant. Iacknowledge I have been advised to seek medical advice if I know or suspect that my physical condition maybe incompatible with the Activities. – I acknowledge I may require the use of safety equipment during theActivities, however, potentially dangerous conditions exist which are beyond the control of the Operatorincluding, but not limited to: acts of God, weather, riots, robbery, water or nutrition contamination, exposure tothe sun, tetanus, malaria and other diseases, political instability, war, floods, or earthquakes. – I acknowledge Ihave been strongly advised to purchase full travel insurance which covers medical emergencies, evacuationsand trip cancellations.ASSUMPTION OF RISKSI am aware that the Activities involve many risks, dangers and hazards including, but not limited to: accidentsoccurring during boarding or disembarking from aircraft or other means of transportation or duringtransportation to or from the Activities, the overturning or sinking of watercraft, falling out of watercraft on thewater and the risk of drowning, impact or collision with rocks, trees, logs, deadfall, powerboats, ramps orother vessels; rapid and extreme changes in weather conditions; variations in the water conditions, surfacesand currents; failure of scuba diving or c-breathing apparatus or safety equipment; vehicle collisions;encounters with domestic and wild animals; becoming lost or separated from the guide or other participants;negligence of other participants in the Activities or others not involved in the Activities; and NEGLIGENCE ONTHE PART OF THE OPERATOR, INCLUDING THE FAILURE BY THE OPERATOR TO SAFEGUARD OR PROTECTME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES. I am aware that the risks, dangers andhazards of the Activities contribute to the enjoyment and excitement of the experience and I FREELY ACCEPTAND FULLY ASSUME ALL RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES AND THEPOSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.The Operator:(0) reserves the right to cancel any Activities, or places on any itinerary, substitute hotels or leaders, whennecessary, or advisable, without prior notice;(1) may remove or alter, without penalty, any Activities in order to ensure safety and proper handling of theActivities;(2) shall not be responsible for any cost arising from any emergency or evacuation involving my safety and Iagree to pay all8
suchcostsandanyotherexpensesrelatedthereto;(3)reservestherighttodeclinetopermitmetoparticipateorcontinuetoparticipateinanyActivitiesifitjudgesmetobeincapableofmeetingtherigorsandrequirementsofparticipatingintheActivities,orifmyactionsordeportmentimpedetripoperationsortherights,welfareorenjoymentofothertripmembers.ArefundbasedonthecostofunusedlandservicesisthelimitoftheOperator’sresponsibility;(4) reserves the right to cancel any trip prior to departure and is hereby released from any and all liability forcancellation of any trip, or portion thereof, except for payment of a land cost refund as set forth in the sectionon “Cancellations and Refunds” on the registration form;(5) shall not be held liable for damage to or loss of personal property or for time or expense incurred, or forany irregularity which may be occasioned through acts of any company and/or persons engaged in theActivities;(6) reserves the right to take photographs and film records of any of their trips and may use any such recordsfor promotional and/or commercial purposes, and I waive and release the Operator for any liability orcompensation for the use of my image.RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENTIn consideration of THE OPERATOR agreeing to my participation in the Activities and permitting my use of itsequipment, vehicles, accommodation and other facilities (hereinafter referred to as the “Facilities”), and forother good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agreeas follows:1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE OPERATOR, AND ITSDIRECTORS, OFFICERS, EMPLOYEES, AGENTS, GUIDES, INSTRUCTORS, INDEPENDENT CONTRACTORS,SUBCONTRACTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (all of whom are hereinafter referredto as the “RELEASEES”) 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 myparticipation in the Activities, DUE TO NEGLIGENCE, BREACH OF CONTRACT, ON THE PART OF THERELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THERELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THEACTIVITIES REFERRED TO ABOVE;2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damageor personal injury to any third party resulting from my participation in the Activities;3. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assignsand representatives, in the event of my death or incapacity;4. This Agreement shall be governed by and interpreted in accordance with the laws of the Province ofAustralia, and In entering into this Agreement I am not relying on any oral or written representations orstatements made by the Releasees withrespect to the safety of the Activities, other than what is set forth in this Agreement.I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT AND ACCEPT ITS TERMS, AND I AMAWARE THAT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS,ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES
