WAIVER, RELEASE & INDEMNITY
I, the participant named above, acknowledge that sailing on the Swan River is a “soft adventure” recreational activity that involves inherent risks, including (but not limited to):
• Boom strikes
• Sudden boat heeling
• Slips and falls on wet decks
• Rope burns
• Changing weather and water conditions
• Man-overboard incidents
• Risk of injury, drowning or death
I confirm that I have read and understood the safety briefing provided by Swan River Sailing. I agree to wear all provided safety equipment (including lifejackets and sailing gloves) whenever instructed by the skipper or crew and to follow all directions at all times.
In consideration of being permitted to participate in today’s sailing activity organised by The Western Australian Yachting Foundation (Inc) trading as Swan River Sailing (including its directors, officers, employees, volunteers, agents and contractors), I voluntarily accept all risks associated with the activity.
To the maximum extent permitted by law, I hereby release, discharge and indemnify The Western Australian Yachting Foundation (Inc) trading as Swan River Sailing and all of its related parties from any and all claims, demands, losses, damages, liabilities, costs or expenses (including legal costs) arising out of or in any way connected with my participation in the activity, whether caused by negligence or otherwise.
This release and indemnity is binding on me, my heirs, executors, administrators, successors and assigns.
I confirm that I am physically fit to participate or have fully disclosed any relevant medical conditions. I understand that this waiver does not exclude any rights I may have under the Australian Consumer Law or any other legislation that cannot be lawfully excluded.
By proceeding, I confirm I have read, understood and agree to the above Waiver, Release & Indemnity.