Terms and Conditions of Entering Bungadoo Breeze
ASSUMPTION OF RISK AGREEMENT.
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Although we try hard to protect our clients from death, injury, maiming etc, (*****smiles **** it’s bad for business if we kill too many people, and we really do hope that you have the most wonderful time of your life) , You must be fully aware that Bungadoo Breeze is a bush and river area and does not offer the normal safety and protection which is found in cities or even country towns. Any visit or undertaking here is not without its inherent risks, and YOU accept FULL responsibility and hold us safe from any actions by yourself or Third Parties on your behalf.
IF YOU DO NOT ACCEPT THESE CONDITIONS – DO NOT ENTER Bungadoo Breeze.
You will be in an area that is known to have risks from snakes, spiders, insects, bulls, wild animals, cyclones, drowning from swimming or canoeing, falling from rocks or logs, and many other dangers. You will be 20 km from Gin Gin hospital, and 30km from Bundaberg hospital.
IT IS A CONDITION THAT IF YOU COME TO BUNGADOO BREEZE, YOU MUST USE YOUR OWN COMMON SENSE AND YOU ARE TOTALLY RESPONSIBLE FOR ANY MISHAPS THAT MAY OCCUR TO YOU AND YOUR POSSESSIONS, WHETHER DUE TO THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.
We reserve the right to change this website and these conditions at any time. We also reserve the right to refuse permission to anyone, and may require anyone to leave the property at any time without our giving notice or reason.
ASSUMPTION OF RISK FORM
Description of Activity: Bungadoo Breeze Retreat. (the OPERATOR)
NOTE: Section 74 of the Trade Practices Act (“the Act”) implies a warranty of due care and skill into contracts for the supply of services to consumers, as defined in the Act. To the extent that the warranty applies to any contract relevant to the Release and waiver of Liability, it is hereby excluded.
1. The CUSTOMER must disclose any pre-existing medical or other condition that may affect the risk that either the CUSTOMER or any other person will suffer injury, loss or damage.
2. The CUSTOMER acknowledges that the OPERATOR relies on the information provided by the CUSTOMER, and the CUSTOMER states that all such information is accurate and complete.
3. The CUSTOMER understands and acknowledges the dangers associated with the consumption of alcohol or any mind altering substance before or during the described activity, and the CUSTOMER accepts full responsibility for injury, loss or damage associated with the consumption of alcohol or any other mind altering substance.
4. The CUSTOMER agrees with the OPERATOR that the CUSTOMER will obey and will comply with all rules and directions made or given by the OPERATOR in connection with the described activity. If a CUSTOMER fails to comply with the OPERATORS rules and/or directions, the CUSTOMER will not be permitted to continue the described activity, and no refund will be given.
5. The CUSTOMER accepts all risks associated with the activity, including the possibility of injury, death, loss or damage.
6. The CUSTOMER agrees to indemnify the OPERATOR against all claims made by any other person or company against the OPERATOR in respect of any injury, loss or damage of the CUSTOMER.
7. The CUSTOMER agrees and acknowledges that, to the extent permitted by law, the OPERATOR shall not be liable for any injury, loss or damage suffered by the CUSTOMER or by any other person, arising from or in connection with the CUSTOMER’S participation in the activity, whether such injury, loss or damage was caused directly or indirectly by the negligence of the OPERATOR or otherwise, or by the OPERATOR’S servants or agents. The CUSTOMER hereby releases the OPERATOR from all such claims, and indemnifies the OPERATOR against all claims made by or on behalf of any other person.
8. To the extent permitted by law, the CUSTOMER acknowledges and agrees that all warranties, covenants and stipulation’s are hereby excluded.
9. All accidents, injuries, loss or damage must be reported by the CUSTOMER to the OPERATOR before the CUSTOMER leaves the OPERATOR’S property/tour.
10. If the CUSTOMER suffers any injury or illness, the CUSTOMER agrees that the OPERATOR may provide evacuation, first aid and medical treatment at the CUSTOMER’S expense, and the CUSTOMER’S acceptance of these terms and conditions constitutes the CUSTOMER’S consent to such evacuation, first aid and/or medical treatment.
11. The OPERATOR can not be held responsible for any losses the CUSTOMER may suffer by missing any connections or other pre-booked reservations.
12. In the case of children under the legal age the parent/custodian takes full responsibility for them and agrees fully to these conditions on their behalf.
13. In the event that the CUSTOMER breaks down, becomes lost, does not return to the camping area at an agreed time, or needs his vehicle to be towed or salvaged, such that a recovery operation needs to be mounted, then the CUSTOMER will be fully responsible for the losses and costs incurred by the OPERATOR.
14. All firearms brought to the property will need to either be surrendered to the OPERATOR, or their firing mechanism left with the OPERATOR until leaving the property.
15. Conditions in this contract that may be found to be outside of governing laws shall not void this contract, but the contract shall be read in the OPERATORS favour, to the maximum as permitted by those laws.
Even if the customer does not sign this form, by entering Bungadoo Breeze (the property), the customer agrees to these terms and conditions.
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