STONEY PARK WATERSPORTS & RECREATION PTY LTD
ABN 89 945 746953 – 16 Hacks Ferry Rd, Telegraph Point 2441 (02) 65850080
DISCLAIMER FORM
The person whose details are written in this section is the participant in this document:
NAME: ...............................................................................................
1. Acknowledgment of Risks: I accept and understand that there are obvious and inherent risks in water sports and that I may be injured or killed due
to participation in recreational services at Stoney Park Water Sports.
2. Civil Liability Act 2002 (NSW) While every attempt is made to ensure that the conditions provided at Stoney Park Water Sports are correct and safe,
some aspects of water sports are potentially hazardous. By signing this document I am acknowledging that I am personally responsible for my own
safety and to the full extent permitted by l law, under the Civil Liability Act 2002.
I give up the right, now or at any time in the future, to recover compensation or obtain any other remedy for any injury or death to myself.
3. Exclusion of section 74 Trade Practices Act 1974 (Cth) (“TPA”)Section 74 TPA provides that certain warranties of due care and skill are implied in
contracts where a service is provided. Where a contract is for the provision of recreational services the implied warranty of care and skill may be
excluded, modified or restricted under section 68B TPA.WARNING – The operator gives the participant notice that any liability of the operator for
breach of an implied warranty of due care and skill in the provision of recreational services resulting in personal injury or death of a participant is
excluded. I acknowledge that any rights I may have under the TPA arising from the operator’s breach of an implied warranty of due care and skill are
excluded to the fullest extent permitted by law.
4. If the Participant is under 18 years of Age participant’s parent/guardian Acknowledges and agrees that the water sports conducted at Stoney
Park Water Sports, and the use of its facilities has obvious and inherent risks.
The parent/guardian of the participant realises that the participant may be subject to injury from this activity, and that the highest safety standards
cannot remove all of the dangers to the participant.
The participant’s parent/guardian agrees to release Stoney Park Water Sports from any cause of action, claim, demands, right, damage, loss,
expense and/or compensation of any nature whatsoever arising out of or in anyway related to the participant’s use of the facilities regardless of how
the loss, injury or damageis caused.
Agrees to indemnify Stoney Park Water Sports to the full extent permitted by law from and against any cause of action, claim, demand, right, damage,
loss,expense or compensation resulting in injury or death while participating in the activities at Stoney Park Water Sports.
5. I agree to wear an approved personal flotation device (life jacket) while participating in any activity at Stoney Park Water Sports.
6. The Principal and Agents do not owe a duty of care to the participant who engages in any recreational activity at Stoney Park Water Sports due to
the operationof Section 5.5M of the Civil Liability Act 2002, and the risk warning expressly contained within this Disclaimer Form.
1. All paperwork must be signed and completed prior to any water on water activity.
2. In case of mechanical problems or damage to Jet Ski, it must be returned to the bank and a staff member of Stoney Park must be notified
immediately.
3. Any breakage/damage to the jet skis are to be repaired or paid for by the Lessee. A loss of bond may be incurred.
4. Jet Ski’s are to be tailored each afternoon- on completion of days on water activity and stored in an agreed location.
5. Only official drivers noted of ‘Rental Agreement declaration’ are to operate jet skis for towing purposes – not joyriding
6. Drivers must be 18 years and older, Drivers must have an observer, and both wear life jackets Rider must wear own helmet and jacket
7. Maximum one tow at a time per jet ski Jet ski’s must travel on direction at all times
8. No dangerous driving or excessive speeds. Tow rope to be provided by Lessee.
9. An excess of $350.00 per ski will apply in the case of damage to the Jet Ski caused by the lessee or anyone in the group of the lessee.
10. Never tip the jet ski’s up side down. If you run over a rope please pull the jet ski’s out and put on the trailer to untangle.
11. Please read the following rules carefully. If you do not obey by them you may incur serious injury or resulting in death.
12. Once all rules and regulations are acknowledged please sign this ‘wavier of liability’ form before any action is obtained on the water.
13. The Stoney Park staff are here to make your time enjoyable and safe. Please listen to the guidelines at the start of your session to ensure
that you understand the regulations that are accredited by the Stoney Park Crew.
14. Life jackets and equipment are provided to you. Please find a life jacket that fits firmly and put in on prior to any on water activity. If you need
anyskis please seek assistance off a staff member.
15. No swimming in front of the dock. The boat will be continually parking and running past the dock. If you do want to swim please swim in a zone
that the boat will not be running.
16. No alcohol consumed before any on water activity. If a staff member sees any alcohol consumed before, all on water activity will be stopped
immediately.
17. No glass to be brought on the dock.
18. Children must be supervised at all times.
19. No running, smoking permitted on the dock
20. Stay behind the boat wakes around the islands. The water is very shallow and if you do not stay within the boat wakes you may seriously hurt
yourself.
21. There are obstacles in the water – please be cautious of them in the water when skiing and boarding.
I AGREE TO BE BOUND BY ALL TERMS OF THIS DOCUMENT. I HAVE READ, AND UNDERSTAND, ALL ABOVE TERMS OF THIS DOCUMENT
Signed ..................................................................................................................