Terms & Conditions

PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of Shades of Nature Pty Ltd, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf, I, and my entire party for whom I take this responsibility, hereby agree to release, indemnify, and discharge Shades of Nature Pty Ltd, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

  1. I acknowledge that outdoor activities in natural areas entail known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardising the essential qualities of the activity.
    The risks include, among other things: Slipping and falling; falling objects; water hazards; exhaustion; exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; and exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered; consumption of food or drink; equipment failure; improper lifting or carrying; my own physical condition, and the physical exertion associated with this activity.
    Furthermore, I acknowledge that employees of Shades of Nature Pty Ltd have difficult jobs to perform and that they seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, incorrect information, and equipment being used might malfunction.
  1. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I understand that I may at any time opt not to participate in any part of the activity should I feel that it is not safe, I am not physically or mentally able, or simply that I do not want to participate for any reason.

  2. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Shades of Nature Pty Ltd, and their employees and contractors and anyone acting on their behalf, from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Shades of Nature Pty Ltd equipment or facilities or any such equipment or facilities sub-contracted by them, including any such claims which allege negligent acts or omissions of Shades of Nature Pty Ltd.

  3. Should Shades of Nature Pty Ltd or anyone acting on their behalf, be required to incur legal representative/ lawyer’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

  4. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.

  5. In the event that I file a lawsuit against Shades of Nature Pty Ltd I agree to do so solely in the Jurisdiction of Western Australia, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

Acknowledgement
By making this booking, and attending the event, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Shades of Nature Pty Ltd on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.

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