YAMBA FISHING AND CHARTERS LIABILITY RELEASE FORM
1.RISK WARNING: Customers are warned that, regardless of the precautions taken by experienced persons, boating and fishing can be dangerous pursuits and participants are exposed to inherent risks including the significant risk of property damage and personal harm, or even death. As an indication, these risks may include, but are not limited to extremes of weather and sea conditions, the risks that the control of the vessel may be lost as a result of collision with objects, unpredictable vessel movement and the absence of any immediate medical care. We strongly recommend you provide your own sun protection and sea sickness remedies. 2. You must bring to our attention any pre-existing medical condition relevant to your participation in and enjoyment of the fishing trip and if need be, advise us of any medication that may be required in the case of emergency. You may be asked to complete a liability release form in respect of any pre-existing condition. The Skipper of the Nauticat has overriding authority on the vessel and any decision made by the Skipper overrides any other agreement, arrangement or decision. 3. Children under 5 years of age are unable to be accommodated on the boat. 4. It is at the Skipper’s exclusive discretion whether any charter will be cancelled, departure delayed or outing terminated early due to any circumstance including weather conditions. 5. All bookings must be accompanied by a deposit of 20% of the full cost, paid strictly within 48hrs. Balance must be paid 7 days before booking date. Any cancellation by the booking party must be made in writing and received by Yamba Fishing & Charters at least 7 days prior to the scheduled departure date whereupon the deposit will be refunded in full. Cancellations within 7 days prior to the scheduled departure date will result in forfeiture of the deposit. 6.If a charter is cancelled due to weather conditions Yamba Fishing & Charters will give the option of rebooking for another day or a full refund. Any credit given for rebooking as a result of cancellation must be used within the 12 months next following the original scheduled departure date. 7. Yamba Fishing & Charters cannot guarantee the fish will be biting on any particular day but will use its best endeavours to locate fish and give you every opportunity to catch fish. Customers have no right of refund if the charter does not yield captured fish or if the time is reduced for any reason. 8. You must check in at the boat at least 15 minutes prior to the scheduled departure time. This is to allow sufficient time for our safety induction prior to departure. 9. Life vests must be worn during all bar crossings. It is strongly recommended that you wear your life jackets while on the water during your trip. 10. Yamba Fishing & Charters has the right to publish as it thinks fit any pictures or videos taken aboard the charter for promotional purposes. Any person who has concerns regarding use of images should discuss the matter with the Skipper prior to departure. 11. Alcohol is permitted on board the boat but it must be consumed in moderation. Glass containers are not permitted on the boat. 12. Illegal drugs will not be permitted on the boat. 13. The charter boat is limited to 9 guests and accordingly we may be unable to accommodate additional people not previously booked for the charter. Please contact us before the scheduled day of the charter if you wish to bring additional passengers. 14. Our fishing gear is for your convenience and use however you must take care of the equipment and you will be responsible for any loss of or damage to the equipment. You will also be liable for any damages caused to the boat due to your carelessness and be solely responsible for the harming of others due to your negligence. Please treat our equipment with the respect you would give to your own gear. 15. CONSUMER LAW EXCLUSION: Subdivision B of Division 1 of Part 3.2 of Schedule 2 of the Competition and Consumer Act 2010 (Australian Consumer Law) provides that certain guarantees relating to the supply of services. Where a contract is for the supply of recreational services the implied guarantees may be excluded, restricted or modified under Section 139A. The application of all of the provisions of Subdivision B of Division 1 of Part 3.2 of the Australian Consumer Law is excluded from the contract to supply services by Yamba Fishing & Charter and Yamba Fishing & Charter disclaims and excludes any liability to any person for a failure by Yamba Fishing & Charter to comply with the guarantees that apply under that Subdivision. Children under 16 must have parent/guardian signature. By signing this form you agree to the Terms and Conditions of Yamba Fishing and Charters.