I wish to engage in the above as named above (sport, activity, or tour) as organised and conducted by Tangalife Pty. Ltd. (t/a “Tangatours”). I agree, under no duress and of my own volition, and on behalf of myself and my executors, administrators, and assigns, that I will be bound by the following terms and conditions.
1. I do hereby acknowledge that I am engaging in the above selected sport, activity, or tour of my own free will, and at my own risk absolutely. I acknowledge and recognise that my selected sport, activity, or tour is a dangerous recreational activity, and has obvious and inherent risks;
2. I acknowledge that under the Civil Liability Act, Tangalife Pty Ltd, its directors, officers, servants, and agents will not be liable for any harm suffered by me due to the materialisation of any obvious or inherent risk due to my participation in such a dangerous recreational activity;
a. I hereby warrant that I am in good health, am not receiving any medication, am not affected by alcohol, drugs, or medication (including prescription medication), and am free from any injuries, medical conditions including
b. , but not limited to pregnancy, cardiovascular conditions, or seizures), disabilities, diseases, or illnesses which may be aggravated by participation in, or may interfere with my ability to safely participate in the above selected sport, activity, or tour;
3. Tangalife Pty Ltd, its directors, officers, servants, and agents shall be under no liability to me, and I hereby indemnify Tangalife Pty Ltd, its directors, officers, servants, and agents against any and all costs, losses, or claims of others, for any damage to persons or property, including death, personal injury, or loss of any nature whatsoever occurring during, or incidental to, or as a consequence (direct, indirect, or otherwise) of my engagement or participation in the selected sport, activity, or tour, which damage is caused in whole or part, directly, indirectly, or otherwise, by any act or default of any kind of description whatsoever on the part of Tangalife Pty Ltd, its directors, officers, servants, or agents (including any independent contractor, sub-contractor, licensee or other officer whatsoever from time to time employed, licensed or directed by Tangalife Pty Ltd) by me, or minors under my guardianship;
4. I for myself, my executors, administrators, and assigns expressly renounce all liability in and other claims against Tangalife Pty Ltd;
5. Whilst engaging or participating in the selected sport, activity, or tour, I will at all times and in all circumstances whatsoever comply with any direction whatsoever given to me .by any officer, servant, or agent (including any independent contractor, sub-contractor, licensee or other officer whatsoever as aforesaid) of Tangatours, and shall ensure that any minors under my guardianship do likewise;
6. No officer, servant or agent of Tangalife Pty Ltd (including any independent contractor, sub-contractor, licensee, director, shareholder, employee of Tangalife Pty Ltd, or any associated or subsidiary company, or other officer whatsoever as aforesaid) shall in any circumstances whatsoever be under any liability whatsoever to me, my executors, administrators, assigns, and/or dependents for any Pharm, injury, or damages caused directly or indirectly by any acts of default of any kind or description whatsoever;
7. I, along with any other persons signing this agreement herby expressly agree that this Agreement shall be construed and take effect in accordance with the law of Queensland for the time being in force as stated above;
8. In the event that any provision or part thereof of this agreement be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or
9. agree that I have read, understood and agree to all terms and conditions on this document, as well as any other documentation or information provided to me, including but not limited to safety briefings, instructional checklists, operating and emergency procedures, and verbal instructions;
10. I understand that by signing this document, I agree that the vessel and/or equipment used is in proper safe working condition maintained by Tangalife Pty. Ltd, and is safe to use at my own risk;
11. By signing this document, I agree to pay by way of credit card charge, or other immediate payment as acceptable by Tangalife Pty Ltd, for any damages/costs as set out below, determined by inspection subsequent to my use of the equipment:
a. I understand and agree that damage charges are as follows: $3,500 for Motorboats and Catamarans, $1,300 for double seater Kayaks, $800 for single seater Kayaks, or $900 for a stand up paddleboard. Tangalife Pty Ltd reserves the right to charge less than these amounts at its sole discretion, in cases of what it determines to be lessor damage.
b. I understand and agree that all equipment provided must be returned in working condition, as determined by inspection subsequent to my use. Should equipment be missing or damaged, I agree to pay for the replacement of any such equipment at the commercial retail replacement cost of the equipment missing or damages.
c. I understand and agree that if I require assistance or rescue due to my own negligence, or failure to follow procedures, instructions, or advice given, that a charge of $50 will be applicable upon return.
d. I understand and agree that no vessels are to be used for towing purposes unless authorised by Tangalife Pty Ltd in writing.
12. Tangalooma Parasailing customers are advised that their participation in parasailing may expose them to particular risks and dangers which may arise as a consequence of this activity. I understand and agree that:
13. The proprietors of Tangalooma Parasailing and Tangalife Pty Ltd will not be liable for any direct or indirect loss of life, personal injury, damages, or economic loss as a result of my engagement or participation in paraflying with Tangalooma Parasailing or Tangalife Pty Ltd.
14. By making payment and completing this indemnity form, I understand and agree with all the terms of this agreement. I understand Tangalooma Parasailing is owned and operated by Tangalife Pty Ltd (t/a “Tangatours”), and that it is an independent company from Tangalooma Island Resort Pty Ltd.
15. I understand that paraflying activities are operated as permitted by weather and environmental conditions, and may need be to rescheduled or cancelled should conditions not be safe or appropriate. The following weight restrictions apply: Solo 60kg minimum 200kg maximum, Tandem 200kg combined maximum, Triple 180kg combined maximum. Minimum weight for a person flying with another as tandem or triple is 40kg. Children must fit into harness prior to departure.
16. I wish to engage in activities or equipment hire operated by Tangatours. By partaking in this activity or equipment hire, I agree that I am liable to return any and all equipment provided to me in the same condition as it was provided, or am otherwise liable to forfeit the deposit listed upon this form. I am also expected to return any and all hire equipment provided to me within the allotted time of the hire, as noted by the "Expected Time" of return on this form. Should I return hire equipment by up to 20 minutes after the expected return time, I will be required to pay a late charge of $20AUD. Should I return hire equipment late by over 20 minutes after the expected return time, I will be required to pay a late charge of $70AUD. If I am required to be rescued due to actions within my control (such as failure to operate as per the Safety Management System, or follow directions), I will be required to pay a $50 recovery charge. By completing this form, I acknowledge that I have completed a safety briefing for the type of equipment I am hiring. I do not have any further questions or concerns, and I am confident in my abilities to undertake my responsibilities as master of the vessel / equipment."
All participants over the age of 18 must sign this indemnity form. Participants under the age of 18 must be signed for, and supervised by their parent or guardian.
