Wild Cave Tours ABN: 36 247 310 698 Ph 03 63678142
CONTRACT- ACKNOWLEDGEMENT OF RISKS
Wild Cave Tours offers members of the public the opportunity to engage in activities grading up to those best described as adventurous, dangerous or extreme. Your involvement in any activity offered is by your choice. There is no compulsion on any member of the public to pay a fee or continue with the activity once it has started.
The contract is formed in Tasmania, a state of the Commonwealth of Australia, and will be completed in that state. As such, it is subject to the laws, first of Tasmania and second of the Commonwealth of Australia. Any legal action arising out of any contract with Wild Cave Tours can be heard only in a Tasmanian court, or may be appealed to an appropriate Commonwealth court. Relevant legislation includes, in Tasmania, the Civil Liability Act 2002, the Motor Accidents Insurance Board Act and the Fair Trading Act and for the Commonwealth, the Competition and Consumer Act 2010.
If you are under the age of 18, the age at which you are deemed able to take responsibility for your own actions under Australian law, then this contract can only be made on your behalf by your parent or legal guardian. A legal guardian is a person appointed by a court to replace your biological parents.
If you are in any doubt about this contract’s meaning please talk with your leader/s about it. If you are still in doubt, it may be best if you do not participate in the activities. This contract intends to reduce the liability of the operator to those items over which she/he has control. If you have been provided with this contract before meeting for the activity, you are welcome to talk to the operator by telephone if you have any doubts.
RISK MANAGEMENT AND SAFETY
Some risks are beyond the control of your leader/s. You should not enrol in this activity if you believe it to be PERFECTLY safe. IT IS NOT. While your leader/s are skilled and experienced, they are unable to guarantee total protection from all risks. You MUST:
- Pay close attention to and follow safety rules
- Take responsibility for avoiding and minimising risks and
- Develop a questioning attitude.
This program takes place outdoors and away from civilisation. It may involve self-sufficient travel in primitive or wilderness settings, and professional medical assistance may be hours away. Outdoor settings present some inherent dangers that may result in accidents. You should be aware of exactly what you are committing yourself to by enrolling in this program. If in doubt, please ask.
One course may involve several activities or settings
The nature of the activities is such that movement in the outdoors takes place by different methods and through different environs. Activities may include, but are not limited to, carrying equipment for safety and existence and adventurous pursuits such as caving and bush walking inter alia. Settings may include, but are not limited to: tracks and roads, forests, caves and streams. The caves are in a largely natural state (without constructed paths, steps, fixed ladders or fixed lighting).
Each activity has many associated dangers (hazards and perils)
These dangers may include, but are not limited to, rock fall, lightning, flash flood, moving water, blizzards, adverse weather, temperature extremes, offensive animals, poisonous plants, snakes, equipment malfunctions, or misuse, human misjudgement and car accidents.
Safety procedures are taken to provide some protection against risks
These procedures may include, but may not be limited to: using safety equipment such as ropes or climbing tapes, helmets or lights: avoiding dangers by detouring, modifying or aborting an endeavour; and responding to events in a manner which may prevent further losses.
Nevertheless, ACCIDENTS ARE ALWAYS POSSIBLE
Clients must realise that potential accidents may include, but may not be limited to, drowning, hypothermia (cold exposure), hyperthermia (heat exposure), food poisoning, cuts, sprains, bruises, fractures, arterial bleeding, concussion, spinal cord damage and death. Clients must also do everything possible to help reduce the potential for accidents. ACCIDENTS OCCUR WHEN HUMAN AND ENVIRONMENTAL DANGERS COMBINE AT THE SAME TIME. ANY PARTICIPANT IN AN ADVENTURE PROGRAM SUCH AS THIS HAS THE FUNDAMENTAL RESPONSIBILITY TO ACT IN A SAFE AND ALERT MANNER TO PREVENT THE COMBINATION OF DANGERS AND THUS AVOID ACCIDENTS.
WAIVER OF CLAIMS
I ………………………………………………………………(name) of …………………………
agree to the following conditions, each of which I have read and have initialled.
READ THE FOLLOWING STATEMENTS CAREFULLY, INITIAL EACH STATEMENT, THEN SIGN IN THE SPACE PROVIDED AND DATE THE FORM.
< > I have read the information provided and understand the aims of the program
< > I understand the safety information supplied above
< > I agree to do my best to help prepare for the activities
< > I understand that food and transportation associated with the activity is my own responsibility and is undertaken at my own risk
< > I agree not to use tobacco in the caves or alcohol or any illegal drugs during any part of the trip, and comprehend that such use may lead to my expulsion from the course and the cost of removing me to a place of safety will be mine
< > I accept the fact that while the trip leader/s are skilled and experienced, they cannot guarantee my total safety as some risks are beyond their control
< > I agree to follow all lawful instructions and guidelines given by the trip leader/s and to act in a safe and responsible manner toward all participants
< > I am sufficiently fit (socially, mentally and physically) to participate in the activity
< > I accept that my continued participation is at the absolute discretion of the trip leader/s
< > I have completed a medical disclosure form with information that is accurate, true and complete to the best of my knowledge
< > I will notify the trip leader/s of any changes to my health and fitness that may occur during the activity
< > I give permission for the trip leader/s to obtain emergency medical or rescue services for me should I become injured or ill. This authority continues even if I am unconscious. I agree to pay all costs involved with such medical treatment or rescue
< > I fully comprehend and willingly assume the responsibilities and risks of participating in this activity, as outlined in any advertising material and brochures and as further explained by the operator and/or trip leader/s.
By signing in the space below, I agree to fully absolve Wild Cave Tours and its employees, contractors and volunteers from all liability for any damage, injury or loss that may be sustained while involved in this activity.
……………………………… ……………………………………………… / /20
signature (parent/guardian if participant is under 18 yrs) date
Witnessed ……………………………… (camp organiser, trip leader or adult participant)